Labor Law and Social Legislation › Labor Standards › Conditions of Employment › Hours of Work
b. Night Shift Differential
Night Shift Differential, defined (R.A. 10151)
Definition: Every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between ten o’clock in the evening (10 pm) and six o’clock in the morning (6 am). (Labor Code, Art. 86)
Overtime pay does not preclude night shift differential pay
When the tour of duty of a laborer falls at nighttime [between 10:00pm and 6:00am], the receipt of overtime pay will not preclude the right to night differential pay. The latter is payment for work done during the night while the other is payment for the excess of the regular eight-hour work. (Naric v. Naric Workers Union, G.R. No. 12075, 1959)
Compensation
The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work. A covered employee is entitled to a night shift differential of not less than 10% of the regular wage for each hour worked between 10 p.m. and 6 a.m.