2. Night shift differential pay is an additional
amount that an employer must pay an
employee who works between 10 p.m. and 6
a.m.
The Labor Code provides that every employee
is entitled to a night shift differential or night
shift pay of not less than ten percent (10%) of
his regular wage for each hour of work
performed between 10 p.m. and 6 a.m. If
overtime work or work in excess of eight (8)
hours falls within the night shift period,
premiums for overtime work should first be
integrated into the regular hourly rate of the
employee before computing night shift pay.
3. Who are not covered by the
night differential provisions
The provisions on Night Shift Differential apply
to all employees except:
government employees
employees of retail and service
establishments regularly employing not more
than 5 workers
domestic helpers and persons in the personal
service of another
managerial employees
field personnel and those whose time and
performance are unsupervised by the
4. How to Calculate Differential Pay
Instructions
Note the hourly pay earned by an employee for working a regular
shift.
Find out the percentage of regular pay that is earned for working an
off shift.
For example, the worker may earn 10% of her regular, hourly wage
in addition to that wage.
Multiply the percentage by the hourly wage to figure out differential
pay. For example, if a worker earns P20 an hour, and the differential
for the night shift is 10%:
20 x 0.10 = 2
Therefore, the differential pay would be P2 per hour.
Add the differential pay to the hourly wage to find out the total
earned each hour during the off shift.
For example, a person earning P20 an hour with differential pay of
P2 per hour would make a total of P22 per hour during this shift.
6. According to the Implementing Rules of
the Labor Code of the Philippines:
Section 7. Meal and Rest Periods.
— Every employer shall give his employees,
regardless of sex, not less than one (1) hour
time-off for regular meals, except in the
following cases when a meal period of not less
than twenty (20) minutes may be given by the
employer provided that such shorter meal
period is credited as compensable hours
worked of the employee:
(a) Where the work is non-manual work in
nature or does not involve strenuous physical
exertion;
7. (b) Where the establishment regularly
operates not less than sixteen (16) hours a
day;
(c) In case of actual or impending
emergencies or there is urgent work to be
performed on machineries, equipment or
installations to avoid serious loss which the
employer would otherwise suffer; and
(d) Where the work is necessary to prevent
serious loss of perishable goods.
Rest periods or coffee breaks running from
five (5) to twenty (20) minutes shall be
considered as compensable working time.