Legal Basis: Night Shift Differentials of Goverment Employees (Republic Act No. 11701)

Salient Features:

🔔 Who are entitled: Division Chief and below or their equivalent (government employees including those in GOCCs).

🔔 Rate of Night Shift Differential: Not exceeding 20% of the hourly rate of the employee.

🔔 Coverage working hour: For each hour of work performed between 6:00 in the evening and 6:00 in the morning of the following day.

🔔 Hourly basic rate refers to basic salary rate per hour derived by dividing the basic monthly rate by twenty-two (22) working days, and dividing the quotient derived by eight (8) hours.

🔔 Not Covered: Those government employees whose schedule of office hours fall between 6:00 in the morning to 6:00 in the evening are not covered by the law. Services rendered beyond the regular eight (8)-hour work schedules are paid overtime pay in accordance with existing laws, rules and regulations.

🔔 Not Covered: Government employees whose services are required, or are on call, twenty-four (24) hours a day.

🔔 Implementing Rules and Regulations (IRR): The CSC, in coordination with the DBM, shall promulgate the necessary rules and regulations for the effective implementation of the law.

Update on the IRR of RA 11701

As of May 2022, the Civil Service Commission says that they already have a working draft of the implementing rules and regulations (IRR) of RA 11701 and that they will be coordinating with the Department of Budget and Management for additional inputs. [CNN]

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