Article 86 of the Labor Code: Night shift differential
Status: In force
What does Article 86 say?
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.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 86 of the Labor Code gives night workers extra pay. For each hour of work between ten o'clock in the evening and six o'clock in the morning, the employee gets at least 10% of his or her regular wage on top of that wage. This extra is called the night shift differential, or "night diff".
The article keeps the same number after the 2015 renumbering of the Labor Code, as the DOLE renumbered edition shows.
How does it work in real life?
Lorna: a full night shift
Lorna works in a warehouse in Pasig on a shift from 10 pm to 6 am. Every hour she actually works in that period earns at least 10% of her regular hourly wage on top. Her meal break is not hours worked, so it earns nothing.
Jun: a late evening shift
Jun works in a fast food outlet from 2 pm to 11 pm. Only the hour from 10 pm to 11 pm falls in the night period, so only that hour earns the differential.
Bea: a very small shop
Bea works nights at a family-run store that regularly employs four workers. A retail establishment regularly employing not more than five workers is excluded by the implementing rules, so the night differential rule does not cover her job.
What does this mean in practice?
- Records of the hours worked, such as time cards, logbooks or schedules, matter. In Zonio, the logbook entries were accepted as prima facie evidence of the night work.
- The night differential calculator computes the amount. For overtime, see Article 87 and the overtime pay calculator.
- Republic Act No. 10151 (2011) added a separate chapter on night workers to the Labor Code (Articles 154 to 161). That chapter is not covered on this page.
- Unpaid night differential is a money claim, filed within three years from the time it accrued. See labor money claims prescription and Free legal help in the Philippines.
What does Article 86 say?
The article is one sentence:
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.
Three things follow from the wording:
- the differential is at least 10%: a contract or a collective bargaining agreement may give more;
- it is computed on the regular wage of the employee; and
- it is paid per hour, only for the hours that fall between 10 pm and 6 am.
What about overtime and holidays at night?
The implementing rules of the Labor Code (1989 text on the Supreme Court E-Library), Book III, Rule II, combine the night differential with other premiums:
- Overtime at night (Section 3): the regular wage plus at least 25%, and an additional amount of no less than 10% of that overtime rate for each hour between 10 pm and 6 am.
- Rest days and special holidays at night (Section 4): the regular wage plus at least 30%, and an additional amount of not less than 10% of that premium pay rate for each hour.
- Regular holidays at night (Section 5): an additional amount of no less than 10% of the holiday premium rate for each hour.
These are the 1989 rules. DOLE may have issued later rules that are not reflected here. For the rates side by side, see the premium pay rates table.
Who is not entitled to it?
Article 82 of the Labor Code leaves out of Book Three, Title I government employees, managerial employees, field personnel, dependent family members of the employer, domestic helpers, persons in the personal service of another and some workers paid by results. The implementing rules, Rule II, Section 1, list the exclusions for night differential:
- government employees, including those of government-owned and controlled corporations;
- retail and service establishments regularly employing not more than five workers;
- domestic helpers and persons in the personal service of another;
- managerial employees; and
- field personnel and other employees whose time and performance are unsupervised by the employer, including those paid on task, contract or purely commission basis.
How do courts look at night work claims?
The worker usually has to show that he or she worked at night. In Zonio v. 1st Quantum Leap Security Agency (2021), a security guard presented logbook entries showing 12-hour shifts from 7 am to 7 pm and from 7 pm to 7 am. The Supreme Court held that he was entitled to overtime pay and to night shift differential "for each hour of work performed between 10:00 p.m. to 6:00 a.m.", and sent the case back to the Labor Arbiter to compute the amount. His claims for holiday and rest day premiums were denied because the logbook did not show work on those days.
Frequently asked questions
How much is the night shift differential?
At least 10% of the employee's regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. This is the rule of Article 86 of the Labor Code.
Do all hours of a night shift get the differential?
No. Only the hours worked between 10 pm and 6 am. On a shift from 6 pm to 2 am, only the four hours from 10 pm to 2 am earn the differential.
Is there night differential on overtime?
Yes, under the implementing rules (1989 text). Overtime at night is paid the regular wage plus at least 25%, and an additional amount of no less than 10% of that overtime rate for each hour between 10 pm and 6 am.
Who does not get night shift differential?
The implementing rules exclude government employees, retail and service establishments regularly employing not more than five workers, domestic helpers and persons in the personal service of another, managerial employees, and field personnel and others whose time and performance are unsupervised.
What if my employer has no records of my night hours?
In Zonio v. 1st Quantum Leap Security Agency (2021), the Supreme Court accepted a guard's logbook entries showing 12-hour shifts and held that he was entitled to the night shift differential for each hour worked between 10 pm and 6 am.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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