LABOR STANDARDS REVIEWER

LABOR STANDARDS

Refers to the minimum requirements prescribed by existing laws, rules and regulations and other issuances relating
wages, hours of work, cost of living allowances and other monetary and welfare benefits, including those set by
occupational safety and health standards.

1. 8 Hour Work (shall not exceed)

Hours worked shall include:
1. All time during which an employee is required
 to be on duty
 to be at a prescribed workplace and
2. All time during which an employee is suffered or permitted to work.
 Rest periods of short duration during working hours shall be counted as hours worked.

2. Meal Pay

3. Holiday Pay
Except: Retail and service establishments regularly employing less than 10 workers

ncludes: Employee who is paid by results and she works in a service establishment employing more than 10 persons shall be
paid holiday pay. (Sec. 8(b), Rule IV, Book III, IRR’s)

Regular Holidays
1. New Years day - January 1
2. Maundy Thursday - Movable Date
3. Good Friday - Movable Date
4. Eidul Fitr - Movable Date
5. Araw ng Kagitingan - Movable Date nearest April 9
6. Labor day - Monday nearest May 1
7. Independence day - Monday nearest June 12
8. National heroes day - Last Monday of August
9. Bonifacio day - Monday nearest November 30
10. Christmas day - December 25
11. Rizal day - Monday nearest December 30

Nationwide Special Holidays

1. All Saints Day - November 1
2. Last Day of the Year - December 31
3. Ninoy Aquino Day - Monday nearest August 21

 If required to work on reg. holidays = regular rate x

 To receive holiday pay, the EE should not have been absent without pay on the working day preceding the regular
holiday. (Azucena)

 A legal holiday falling on a Sunday creates no legal obligation for the ER to pay extra to the EE who does not work on
that day, aside from the usual holiday pay, to its monthly-paid employee. (Wellington vs. Trajano)

4. Premium Pay
Is additional compensation for work rendered by the employee on days normally he should not be working.

5. Weekly Rest Period

 It shall be for the duty of every employer, whether operating for profit or not, to provide employee a rest period of not
less than 24 consecutive hours after every 6 consecutive normal working days.
 The employer shall determine and schedule the weekly rest day of his employees, however, the employer shall
respect the preference of employees as to their weekly rest day when such preference is based on religion grounds.
Where however the choice of the employees as to their rest day based on religious grounds will inevitably result in
serious prejudice or obstruction to the operation of the undertaking, the employer may so schedule the weekday rest
day of their choice at least 2 days in a month. (Sec. 4, Rule III, Book III, IRR’s)

When ER may require Work on rest day [D U A - P N A] (Art. 92)

 a. In case of actual or impending emergency caused by serious accident, fire, flood, typhoon, earthquake, epidemic, or
other Disaster or calamity to prevent loss of life, or imminent danger to public safety.

b. In case of Urgent work, to avoid serious loss which the ER would otherwise suffer;

c. In the event of Abnormal pressure of work due to special circumstances, where the ER cannot ordinarily be expected
to resort to other measures;

d. To prevent or damage to Perishable goods;

e. Where the Nature of work requires continuous operations and stoppage of the work may result in irreparable injury or
loss to the ER; and

f. Analogous (avail of favorable weather) or similar circumstances

How much is a worker entitled if he works on a rest day?

 Scheduled rest day – additional compensation of at least 30% of his regular wage.

 Scheduled rest day which is a non-working holiday – entitled to additional compensation of at least 50% of his regular
wage.

 Scheduled rest day which is a regular holiday – entitled to additional compensation of at least 30% of his regular
holiday rate of 200% based on his regular wage rate. (Sec. 4, Rule III, Book I, IRR’s)

6. Service Incentive Leave

xcept :
a. Those enjoying vacation leave with pay of at least 5 days.
b. Those employed in establishments regularly employing less than 10 workers
c. Exempt establishments.

 can be converted to cash

 5 days incentive leaves with pay for at least 1 year of service.

The term ‘at least 1 year of service’ shall mean service within 12 months, whether continuous or broken, reckoned from the date the
EE started working, including authorized absences and paid regular holidays unless the working days in the establishment as a
matter of practice or policy, or that provided in the employment contract are less than 12 months, in which case said period shall be
considered as 1 year. (Sec. 3, Rule V, Book III, IRR’s)

7. Night Shift Deferential

Every EE shall be paid night shift differential of not less than 10% of his regular wage for each hour of work performed
between 10:00 p.m. and 6:00 a.m. (Art. 86)

Except: Employer with not more than 5 employees

8. Overtime Pay
 Is additional compensation for work done beyond the normal work hours on ordinary working days.
 Regular work day – plus 25% basic hourly rate
 Special days, holiday or rest day – plus 30% of the regular hourly rate on said days.

Emergency Overtime Work - Any EE may be required by the ER to perform overtime work in any of the following
cases: [WED-UPS]
a. When the country is at War

b. When any other national or local Emergency has been declared

d. When it is necessary to prevent loss of life or property or in case of imminent Danger to the 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.

e. When there is Urgent work to be performed on machines and installations in order to avoid serious loss or damage to
the ER or some other cause of similar nature.

f. When the work is necessary to prevent loss or damage to Perishable goods.

g. Where the completion or continuation of the work started before the 8th hour is necessary to prevent Serious
obstruction or prejudice to the business operations of the ER.

The EE’s refusal to obey the order of the EE constitutes insubordination for which he may be subjected to disciplinary
action. (Alcantara)

 Undertime work in any particular day shall not be offset by overtime work on another day BUT not on someday.
 Permission given to the EE to go on leave on some other day of the week shall not exempt the ER from paying the
additional compensation required. (Art. 88)

 For purposes of computing overtime and other additional remuneration as required by this Chapter the “regular wage”
of an EE shall include the cash wage only, without deduction on account of facilities provided by the ER. (Art. 90)

COVERAGE OF LABOR STANDARD

Applies to ALL employees in all establishments and undertakings whether for profit or not.

Except the following: (MOM –GF – WPD)

M – Managerial Employees
a. Their primary duty consists of the management of the establishment in which they are employed or of a department or
sub-division thereof;

b. Customarily or regularly direct the work of 2 or more employees therein;

c. Has the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to the
hiring and firing and as to the promotion or any change of status of other employees are given particular weight. [Sec
2(b), Rule I, Book III]

O – Other Offices or Members of a Managerial Staff

a. Primary duty consists of the performance of work directly related to management policies of the employer;

b. Customarily and regularly, exercise discretion and independent judgment;

c. Regularly directly assist a proprietor or managerial employee or execute under general supervision work along
specialized or technical lines requiring special training, experience or knowledge; or execute under general
supervision special assignment and tasks; and

d. Do not devote more than 20% of their hours worked to activities which are not directly and closely related to the
performance of the work described in the preceding paragraphs.

M – Members of the Family of the Employer who are dependent of him for support
It refers not only to the real “immediate” members of he family of the employer but also to those who are considered
as family members in its loose sense, that is, those who are living with the employer and dependent on him for
support

G – Government Employee
Whether employed by the National Government or any of its political subdivisions, including those employed in
GOCC’s with original charters. (Sec. 2, Rule I, Book III, IRR’s)

F – Field Employee
Non-agricultural EE’s who regularly perform their duties away from the principal place of business or branch office of
the ER whose actual hours of work in the field cannot be determined with reasonable certainty (Art. 82)

W – Workers Paid by Result

Compensation computed on the basis of work accomplished and not on time spent in accomplishing the work.
a. Paid by Task (wholesale) – those who are compensated on the basis of the completion or accomplishment of a
certain specified task.

b. Paid by Piece – those who are compensated on the basis of units or piece of work they produced and accomplished.
The work process involved is usually repetitive and the compensation is uniform per unit or per piece.

c. Paid Purely on Commission

 P – Persons in the personal service of another
Same as the Domestic Helper but includes not only domestic servants or house helpers but drivers, valets and
bodyguards as well.

D – Domestic Helpers
Perform such services:
a. In the ER’s home which are usually necessary or desirable for the maintenance or enjoyment thereof;

b. Or minister to the personal comfort, convenience, or safety of the ER as well as the members of his ER’s household
(Sec. 2, Rule I, Book III, IRR’s)

However, house personnel hired by a ranking company official, but paid for by the company itself, to maintain a staff
house provided for the official, are not the latter’s domestic helpers but regular EE’s of the company. (Cadiz vs.
Philippine Sinter)

13TH MONTH PAY

All land-based employers are required to pay all their rank-and- file employees a 13th month pay not later than
December 24 of every year.
o 1/12 of the total basic salary earned by an EE within a calendar year.

o To be paid only to rank-and file employees regardless of the amount of their basic salary.

o Paid not later than December 24.

 To be entitled to the 13th month pay benefit, it is imposed as a minimum service requirement that employees,
regardless of their designation or employment status and irrespective of the method by which their wages are paid,
should have worked r at for least one (1) month during the calendar year.

 It is possible that ½ of the payment of 13th month pay be given to employees before the opening of the regular school
year and the other half on or before 24th day of December of every year. The frequency of the payment of this
monetary benefit may be subject of agreement between the employer and the recognized CBA of the employees.

 OFW is no entitled to 13th month pay in the absence of any provision in his employment contract granting the
payment thereof (Petroleum Shipping Limited v. NLRC, G.R. No. 148130, June 16, 2006)

 An employee who has resigned or whose services were terminated at any time before the time for payment of the
13th month pay is entitled to this monetary benefit proportion to the length of time he worked during the year, reckoned
from the time he started working during the calendar year up to the time of his resignation or termination of service.
(Monthly Salary x # of months he worked during he year) / 12

Basic Salary (For purposes of computing the 13th month pay)

 include remuneration or earnings paid by this ER for services rendered
 but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary,
such as the cash equivalent or unused vacation and sick leave credits, overtime, premium, night-differential and holiday pay, and
cost-of-living allowances.
 However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if the
individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the EE’s.

The following are not entitled to 13th month pay:

(WPD – G – MES)

W – Workers Paid by Result

Except: Paid by Piece Employee
D – Domestic Helpers
P – Persons in the personal service of another

G – Government Employee
The government and any of its political subdivisions, including GOCC’s, except those corporations operating essentially as private
subsidiaries of the government.

M – Managerial Employees
E – Employee being paid equivalent of 13th month pay
ER’s already paying their EE’s a 13th month pay or more in a calendar year or its equivalent at the time of this issuance.
 The term “its equivalent” … shall include Christmas bonus, mid-year bonus, cash bonuses and other payments but shall not include
cash and stock dividends, cost of living allowances and other allowances regularly enjoyed by the EE, as well as non-monetary
benefits. Where an ER pays less than required 1/12th of the EE’s basic salary, the ER shall pay the differences.

S – Supervisory Employee
Have the following duties and functions:
a. Assist the department superintendent in various aspects of management such as in the planning of systems and
procedures;
b. Recommends disciplinary action against erring subordinates or promotion of deserving personnel, train and guide
subordinates;
c. Communicate and coordinate with other supervisors;
d. Recommend measures to improve work method; and
e. Other related tasks as may be assigned by his immediate superior.
They discharge duties and responsibilities which qualify them as members of the managerial staff.

A distressed ER may qualify for exemption for the 13 th month pay if there is prior authorization from the DOLE. (Dentech vs. NLRC)

Q & A: Magna Carta of Women (Republic Act No. 9710)

Republic Act No. 9710 August 14, 2009

What is Magna Carta of Women (Republic Act No. 9710)?

The Magna Carta of Women is comprehensive women’s human rights law that seeks to eliminate discrimination
against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in
marginalized sector.

What is discrimination against women?

The Magna Carta of Women defines discrimination against women as:

• any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the
recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field;

• any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes
or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities,
benefits, or privileges;

• a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-
based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition
and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women,
more than men are shown to have suffered the greater adverse effects of those measures or practices; and

• discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age,
poverty, or religion.

What are the rights of women guaranteed under the Magna Carta of Women?

All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and
ratified by the Philippines, in consonance with Philippine laws shall be rights of women under the Magna Carta of
Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women,
whether done by public and private entities or individuals.

The Magna Carta of Women also spells out every woman's right to:

• Protection from all forms of violence, including those committed by the State. This includes the incremental increase
in the recruitment and training of women in government services that cater to women victims of gender-related
offenses. It also ensures mandatory training on human rights and gender sensitivity to all government personnel
involved in the protection and defense of women against gender-based violence, and mandates local government
units to establish a Violence Against Women Desk in every barangay to address violence against women cases;

• Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief,
recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other sexual and
gender-based violence.

• Participation and representation, including undertaking temporary special measures and affirmative actions to
accelerate and ensure women's equitable participation and representation in the third level civil service, development
councils and planning bodies, as well as political parties and international bodies, including the private sector.

• Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing
laws that are discriminatory to women;

• Equal access and elimination of discrimination against women in education, scholarships and training. This includes
revising educational materials and curricula to remove gender stereotypes and images, and outlawing the expulsion,
non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to
pregnancy outside of marriage;

• Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and
non-competitive sports is removed so that women and girls can benefit from sports development;

• Non-discrimination in employment in the field of military, police and other similar services. This includes according
the same promotional privileges and opportunities as their men counterpart, including pay increases, additional
benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police
and other similar services shall always be respected, they shall be accorded with the same capacity as men to act in
and enter into contracts, including marriage, as well as be entitled to leave benefits for women such as maternity
leave, as provided for in existing laws;

• Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the
general public in recognizing the dignity of women and the role and contribution of women in family, community, and
the society through the strategic use of mass media;

• Comprehensive health services and health information and education covering all stages of a woman's life cycle,
and which addresses the major causes of women's mortality and morbidity, including access to among others,
maternal care, responsible, ethical, legal, safe and effective methods of family planning, and
encouraging healthy lifestyle activities to prevent diseases;

• Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who
undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate
employment service of at least six (6) months for the last twelve (12) months;

• Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women
and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their
children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and
acquire, change, or retain their nationality. It also states that the betrothal and marriage of a child shall have no legal
effect. The Magna Carta of Women also guarantees the civil, political and economic rights of women in the
marginalized sectors, particularly their right to:

• Food security and resources for food production, including equal rights in the titling of the land and issuance of
stewardship contracts and patents;

• Localized, accessible, secure and affordable housing;

• Employment, livelihood, credit, capital and technology;

• Skills training, scholarships, especially in research and development aimed towards women friendly farm
technology;

• Representation and participation in policy-making or decisionmaking bodies in the regional, national, and
international levels;

• Access to information regarding policies on women, including programs, projects and funding outlays that affect
them;

• Social protection;

• Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are
not discriminatory to women;

• Inclusion in discussions on peace and development;

• Services and interventions for women in especially difficult circumstances or WEDC;

• Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills
development; and

• Protection of women senior citizens.

The Magna Carta of Women defines the marginalized sectors as those who belong to the basic, disadvantaged, or
vulnerable groups who are mostly living in poverty and have little or no access to land and other resources, basic
social and economic services such as health care, education, water and sanitation, employment and livelihood
opportunities, housing security, physical infrastructure and the justice system. These include, but are not limited to
women in the following sectors or groups: Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the
formal economy, Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior
citizens, Persons with disabilities, and Solo parents.

How can Filipino women living abroad benefit from this law?

Statistics show that more and more Filipino women are migrating for overseas employment. In many places, women
migrant workers have limited legal protections or access to information about their rights, rendering them vulnerable to
gender-specific discrimination, exploitation and abuse. Section 37 of the Magna Carta of Women mandates the
designation of a gender focal point in the consular section of Philippine embassies or

consulates. The said officer who shall be trained on Gender and Development shall be primarily responsible in
handling gender concerns of women migrant workers, especially those in distress. Other agencies (e.g. the
Department of Labor and Employment and the Department of Social Welfare and Development) are also mandated to
cooperate in strengthening the Philippine foreign posts' programs for the delivery of services to women migrant
workers, consistent with the one-country team approach in Foreign Service.

Who will be responsible for implementing the Magna Carta of Women?

The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect and
promotion of the rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government
shall be the primary duty-bearer in implementing the said law. This means that all government offices,

including local government units and government-owned and controlled corporations shall be responsible to
implement the provisions of Magna Carta of Women that falls within their mandate, particularly those that

guarantee rights of women that require specific action from the State. As the primary duty-bearer, the Government is
tasked to:

• refrain from discriminating against women and violating their rights;

• protect women against discrimination and from violation of their rights by private corporations, entities, and
individuals;

• promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-
discrimination.

The Government shall fulfill these duties through the development and implementation of laws, policies,regulatory
instruments, administrative guidelines, and other appropriate measures, including temporary special measures. It shall
also establish mechanisms to promote the coherent and integrated implementation of the Magna Carta of Women and
other related laws and policies to effectively stop discrimination against Filipino women.

What are the specific responsibilities of government under the Magna Carta of Women?
The Magna Carta of Women mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law
and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender and
development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation
and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy
formulation.

Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine
Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the

implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary
policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that
government agencies are capacitated on the effective implementation of the Magna Carta of Women.

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to
ensure the promotion and protection of women's human rights. The Commission on Audit shall conduct an annual
audit on the government offices' use of their gender and

development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues. Local government units are also encouraged to develop and pass a

gender and development code to address the issues and concerns of women in their respective localities based on
consultation with their women constituents.

What are the penalties of violators?

If the violation is committed by a government agency or any government office, including government-owned and
controlled corporations and local government units, the person directly responsible for the violation, as well as the
head of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions
under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human
Rights to the Civil Service Commission and the Department of the Interior and Local Government.

Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered
aggravating offenses with corresponding penalties depending on the severity of the offenses.

If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be
liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can
invoke any of the other provisions of existing laws, especially those that protect the rights of women.

How will the implementation of the Magna Carta of Women be funded?

The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for
programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of
Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their
annual budgets for the succeeding years.

The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively
fulfill its obligations under the said law.

When is the effectivity of the Magna Carta of Women?

The Magna Carta of Women shall take effect fifteen (15) days after its publication in at least two (2) newspapers of
general circulation.

Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned
departments and agencies including, as observers, both Houses of Congress, and with the participation of
representatives from non-government organizations and civil society groups shall formulate the implementing rules
and regulations of the Magna Carta of Women within one hundred eighty (180) days after its effectivity.

All employees required to work beyond the normal 8 hours are entitled to overtime. Overtime pay
rates depend upon the the day the work is performed, whether it is ordinary working day, special
day, regular holiday or rest day.

Ordinary day Overtime

On an ordinary day, the overtime rate per hour is determined as follows:

Let say the employee hourly rate is Php 57.00/hour, then the overtime rate is Php 71.25
Php 71.56 = (Php 57.00 X 1.25%)

On Rest day Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate on rest day and special holiday X 169%)
Php 96.33 = (Php 57.00 X 1.69%)

On Special Holiday Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour= (hourly rate o n rest day and special holiday X 169%)
Php 96.33 = (Php 57.00 X 1.69%)

On Special Holiday and at the same time rest day overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate o n rest day and special holiday X 195%)
Php 111.15 = (Php 57.00 X 1.95%)
On Regular Holiday Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate o n rest day and special holiday X 260%)
Php 148.20 = (Php 57.00 X 2.60%)

On Regular Holiday and at the same time Rest day Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate o n rest day and special holiday X 338%)
Php 192.66 = (Php 57.00 X 3.38%)

On Double Holiday Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate o n rest day and special holiday X 390%)
Php 222.30 = (Php 57.00 X 3.90%)

On Double Holiday and at the same time Rest day Overtime

Let say the employee hourly rate is Php 57.00/hour To determine the overtime rate per hour:
Overtime rate/hour = (hourly rate o n rest day and special holiday X 507%)
Php 288.99 = (Php 57.00 X 5.07%)
Every employee is entitled to a Night Differential of Night shift pay of not less than 10% of his
regular wage for each hour of work performed between 10pm and 6am.

Ordinary day Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Ordinary Day Night Differential = (Hourly rate × 10% × 8 hours)

 Php 45.60 = (Php 57.00 × 0.10 × 8 hours)

Rest day Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Rest Day Night Differential = (Hourly rate × 130% × 10% × 8 hours)

 Php 59.28 = (Php 57.00 × 1.3 × 0.10 × 8 hours)

Special Holiday Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

  Special Holiday Night Differential = (Hourly rate × 130% × 10% × 8 hours)
 Php 59.28 = (Php 57.00 × 1.3 × 0.10 × 8 hours)

Special Holiday and at the same time Rest day Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Special Holiday Rest day Night Differential = (Hourly rate × 150% × 10% × 8 hours)
 Php 68.40 = (Php 57.00 × 1.5 × 0.10 × 8 hours)

Regular Holiday Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Regular Holiday Night Differential = (Hourly rate × 200% × 10% × 8 hours)

 Php 91.20 = (Php 57.00 X 2.0 × 0.10 × 8 hours)

Regular Holiday and at the same time Rest day Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Regular Holiday Rest day Night Differential = (Hourly rate × 260% × 10% × 8 hours)
 Php 118.56 = (Php 57.00 × 2.6 × 0.10 × 8 hours)

Double Holiday Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Double Holiday Night Differential = (Hourly rate × 330% × 10% × 8 hours)

 Php 150.48 = (Php 57.00 × 3.3 × 0.10 × 8 hours)

Double Holiday and at the same time Rest day Night Shift

 Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am

To determine the employee Night Differential pay:

 Double Holiday Rest day Night Differential = (Hourly rate × 390% × 10% × 8 hours)
 Php 177.84 = (Php 57.00 × 3.9 × 0.10 × 8 hours)