The provisions of the Labor Code 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 employe
B. Minimum Night Shift Pay
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 10:00 o'clock in the evening and 6:00 o'clock in the morning.
If overtime work or work in excess of eight (8) hours falls within the aforesaid period, premiums for overtime work should first be integrated into the regular hourly rate of the employee before computing night shift pay.
C. Computation of Night Shift Pay
Where Night Shift (10 PM to 6 AM) Work is Regular Work
On an ordinary day -- Plus 10% of the basic hourly rate or a total of 110% of the basic hourly rate.
On a rest day, special day or regular holiday -- Plus 10% of the regular hourly rate on a rest day, special day or regular holiday or a total 110% of the regular hourly rate.
Where Night Shift (10 PM to 6 AM) Work is Overtime Work
On an ordinary day -- Plus 10% of the Overtime hourly rate on an ordinary day or a total of 110% of the overtime hourly rate on an ordinary day.
On a rest day/special day/ a regular holiday -- Plus 10% of the overtime hourly rate on a rest day/Special day/regular holiday
For Overtime work in the night shift:
On an ordinary day -- Plus 10% of 125% of basic hourly rate or a total of 110% of 125% of basic hourly rate.
On a rest day/special day/ regular holiday -- Plus 10% of 130% of the regular hourly rate on said days or a total of 110% of 130% of the applicable regular hourly rate.
