Night Work Flashcards
What is night work?
Night work is at least seven (7) consecutive hours of work between 10:00 PM and 6:00 AM.
What are night workers?
Night worker refers to those employed persons whose work requires performance of a substantial number of hours of work during nighttime.
Who are covered under night work?
Applicable to all persons, who shall be employed or permitted or suffered to work at night.
What are the exceptions for night work coverage?
Those employed in any of the following:
- Agriculture
- Stock raising
- Fishing
- Maritime Transport
- Inland navigation
What is the ‘right of the workers to health assessment’?
At their request, workers shall have the right to undergo health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work.
When can workers request for health assessment?
- BEFORE taking up an assignment as a night worker.
- AT REGULAR INTERVALS (scheduled date for a regular health assessment) during such an assignment
- If they experience health problems during such an assignment which are not caused by factors other than the performance of night work.
What should be done to night workers who are certified as unfit for night work due to health reasons?
Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.
If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.
What are the protections for night workers certified as temporarily unfit for night work?
A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.
When are pregnant women and nursing mothers allowed to work at night?
They are allowed to work at night only if:
1. A competent physician, other than the company physician, shall certify their fitness to render night work
2. Said physician specifies the period of the pregnancy that they can safely work.
How much should night shift differential be?
Every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM.
What is the general rule for night shift differential?
All Employees are entitled to night shift differential.
Who are not entitled night shift differential?
- Government employees
- Managerial employees
- Field personnel
- Family members of the employer who depend on him for support
- Domestic helpers
- Persons who provide personal service to other people
- Workers who are paid by results as determined by the Secretary of Labor in appropriate regulations
- Those employed in retail an service establishments regularly employing not more than five (5) workers. [ADDED BY IRR OF LC]
What is considered overtime work?
Service or work rendered or performed in excess of eight hours a day by employees.
When are you entitled to overtime pay?
Work beyond eight (8) hours in a day, including night shifts, entitles the employee to additional compensation.
How much is the overtime pay on regular days?
The additional compensation is equivalent to the employee’s regular wage plus at least 25% thereof.
How much is overtime pay on holidays or rest days?
The additional compensation is equivalent to the rate of the first eight hours on a holiday or rest day plus at least 30% thereof.
Can an employer force an employee to work overtime?
As a general rule, an employer cannot compel an employee to work overtime.
EXCEPTION: Emergency overtime work.
Can an employee refuse an emergency overtime work in the Philippines?
No, non-compliance tantamounts to insubordination which is a ground for dismissal.
What are the cases for emergency overtime work?
Any employee may be required by the employer to perform overtime work in any of the following cases:
- When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive
- When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
- When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature
- When the work is necessary to prevent loss or damage to perishable goods;
- Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
- When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.
When can a worker demand overtime pay?
Additional compensation is demandable only if the employer had knowledge and consented to the overtime work rendered by the employee.
Exceptions:
- If the work performed is necessary, or that it benefited the company, or
- That the employee could not abandon his work at the end of his eight-hour work because there was no substitute ready to take his place.
Can overtime offset undertime?
Offsetting of undertime hours against the overtime hours whether on the same or any other day is prohibited by law.
What is the difference between overtime pay and premium pay?
Overtime pay (25%) is an additional compensation for work performed beyond the 8 hour period.
Premium pay (30%) is an additional compensation for work performed on holidays or rest days.
