Rules on Night Shift Differential Pay for Gov’t Workers Out

MANILA – The Civil Service Commission (CSC) has announced the implementing rules and regulations (IRR) of the law granting night shift differential pay to government employees.

In a statement Monday, the commission noted that Republic Act (RA) 11701 grants compensation premium to government employees, including those in government-owned or controlled corporations (GOCCs), who are occupying the positions or items of division chief and below or their equivalent.

This is regardless of the status of their appointment, whose official working hours fall between 6 p.m. and 6 a.m. of the following day.

The premium is also granted to incumbents of division chief positions and below or their equivalent, who are designated as officers-in-charge to executive or managerial positions when they are still bound to observe the work hours between 6 p.m. and 6 a.m. of the following day.

“Malaki ang pasasalamat natin sa ating mga medical personnel, air traffic controllers, mga nasa immigration, customs, emergency communications, at marami pang iba na nagta-trabaho sa night shift. (We thank our medical personnel, air traffic controllers, those in immigration, customs, emergency communications, and others who work night shift,” CSC chairperson Karlo Nograles said.

“Sila ang mga lingkod bayan, o lingkod bayani, na sumisigurong tuluy-tuloy ang pagbibigay ng serbisyo ng pamahalaan, mapa-araw man o gabi (They are the civil servants, or servant heroes, who ensures that government service continues day and night)”.

The law granting night shift differential pay is a much-deserved additional benefit for employees who are relied upon to keep government operations running 24/7, he added.

On the other hand, the law does not cover government employees with regular work schedules falling between 6 a.m. and 6 p.m.; those whose services are required, or are on call, 24 hours a day, such as the uniformed personnel and others as may be determined by the CSC and the Department of Budget and Management (DBM); and workers under job order or contract of service.

The night shift differential pay shall be at a rate not exceeding 20 percent of the hourly basic rate of the employee, as authorized by the head of agency. In the case of public health workers, the rate shall not be lower than 10 percent of their hourly basic rate.

The amount necessary for the initial implementation of the law and rules shall be charged against the existing appropriations in case of national government agencies; for local government units, from their respective funds subject to the provisions of Sections 325 and 331 of the Local Government Code of 1991; and for GOCCs and their subsidiaries, from their respective corporate funds.

Nograles urged government agencies to formulate and adopt internal rules and procedures on the grant of the night shift differential pay, as well as explore other possible benefits that are allowable under civil service, budget, and audit and accounting rules and regulations.

RA 11701 was signed into law by former president Rodrigo R. Duterte on April 13, 2022.

Its IRR was published in two newspapers of general circulation on Feb. 6 and 9.

It shall take effect on Feb. 24 or after 15 days from its publication. (PNA)