Published by Department of Labor and Employment(DOLE) on Nov. 13, 2023.
Requested from DOLE by A. Rillera at 11:09 PM on
Nov. 13, 2023.
Purpose: Night Diff benefits/entitlement for BPO workers.
Date of Coverage: 11/13/2023 - 11/13/2023
Tracking no: #DOLE-837513061393
A.RILLERA
Nov. 13, 2023, 11:09 p.m.
Hello,
I would like to request information on the Night Differential clause for BPO workers, specifically what constitutes an employee's night differential to be given/not given.
J.BARBOZA
Nov. 14, 2023, 4:30 p.m.
November 14, 2023
Dear Andrei,
Thank you for your request dated Nov 13, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Inquiry in regards to Night Differential Clause.
We received your request on Nov 13, 2023 and will respond on or before Dec 04, 2023 11:09:00 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtODM3NTEzMDYxMzkzDA, for request with ticket number #DOLE-837513061393.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
Nov. 14, 2023, 6:59 p.m.
November 14, 2023
Dear Andrei Rillera,
Thank you for your request dated Nov 13, 2023 11:09:00 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for Inquiry in regards to Night Differential Clause.
Employers in the Philippines are legally required to provide employees with night-shift differential pay or night shift pay, or graveyard shift pay of 10% for any hours worked between 10:00 PM and 6:00 AM.
It’s important to understand what qualifies for night-shift differential pay in the Philippines. Generally, any hours worked by covered employee from ten o’clock in the evening to six o’clock the following day will qualify for night-shift differential pay. Night-shift differential pay is defined as a payment of no less than 10% of an employee’s basic salary per hour during this time period. (P. D. 442 Labor Code of the Philippines, Book III, Art. 86)
The rationale and purpose for night shift differential pay is that the law recognizes the possible effects on one's health when working during a night shift.
The responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented.
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Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
A.RILLERA
Nov. 14, 2023, 9:24 p.m.
Hello,
Is there any type of employee that is exempted from being given a night differential? For example an admin or a direct hire from an overseas client?
This is because I have been told at one time that I am not eligible to get a night differential payment because I am part of the company's admin even though I have no admin/management duties/responsibilities. When the company supposedly talked with DOLE in our region, I then heard that we are still not eligible as I am a direct hire by the client even though my salary and the policy I am following are coming from the company here in the Philippines.
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