Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. (Labor Code of the Philippines)


What is night shift differential?


● Night shift differential refers to the additional compensation for work performed from 10:00 o’clock in the evening to 6:00 o’clock in the morning.


How much is the night differential of an employee?


● Night shift differential is not less than 10% of the employee's hourly rate for work between 10:00 o’clock in the evening and 6:00 o’clock in the morning of the following day, whether or not such period is part of the employee's regular shift. The minimum standard prescribed by the Labor Code is not less than 10%", meaning it could be higher than 10% but should not be lower. 


Who are entitled to night shift differential?


● All employees in all establishments and undertakings whether for profit or not are entitled to night shift differential. Art. 82, Labor Code


Who are not entitled to night shift differential?

  1. Employees of the government and any of its political subdivisions, including government-owned and/or controlled corporations;
  2. Employees of retail and service establishments regularly employing not more than five (5) workers;
  3. Domestic helpers and persons in the personal service of another;
  4. Managerial employees
  5. Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. Book III, Rule II, Sec. 1, Omnibus Rules Implementing the Labor Code 

Does the receipt of overtime pay preclude the right to receive night differential pay?


● When the work of an employee falls at night time, the receipt of overtime pay shall not preclude the right to receive night differential pay. The reason is the payment of the night differential pay is for the work done during the night; while the payment of the overtime pay is for work in excess of the regular eight (8) working hours. Book III, Rule II, Sec. 3, Omnibus Rules Implementing the Labor Code