Question & AnswerQ&A (Republic Act No. 11701)
The main purpose of Republic Act No. 11701 is to grant night shift differential pay to government employees, including those in government-owned or -controlled corporations, for work performed between 6:00 PM and 6:00 AM.
Government employees occupying position items from Division Chief and below, or their equivalent, including those in government-owned or -controlled corporations, whether permanent, contractual, temporary, or casual, are entitled to receive night shift differential pay.
Night shift differential pay is granted at a rate not exceeding twenty percent (20%) of the hourly basic rate of the employee for each hour of work performed between 6:00 PM and 6:00 AM.
The hourly basic rate refers to the basic salary rate per hour derived by dividing the basic monthly rate by twenty-two (22) working days and then dividing the quotient by eight (8) hours.
Yes, government employees whose office hours fall between 6:00 AM and 6:00 PM and whose services beyond this schedule are compensated with overtime pay, as well as employees required or on call 24 hours such as uniformed personnel of AFP, PNP, BJMP, BFP, and other similarly situated, are excluded.
No, the night shift differential pay shall be in addition to and shall not diminish any benefits and allowances presently enjoyed by government employees.
The Civil Service Commission (CSC), in coordination with the Department of Budget and Management (DBM), shall promulgate rules and regulations for the effective implementation of the Act.
Funding is charged against existing appropriations for national government entities, respective funds for local government units, and corporate funds for government-owned or -controlled corporations and subsidiaries.
If any provision or part of the Act is held invalid or unconstitutional, the remainder of the law not affected shall remain valid and subsisting according to the Separability Clause in Section 5.
The Act took effect fifteen (15) days after its publication in the Official Gazette or at least two newspapers of general circulation.