Question & AnswerQ&A (IRR Republic Act No. 11701)
The rules and regulations are known and cited as the "Implementing Rules and Regulations of Republic Act No. 11701."
Government employees occupying positions from Division Chief and below, including those in government-owned or -controlled corporations, regardless of appointment status, who work between 6 p.m. and 6 a.m. of the following day are covered.
No. Government employees whose regular work schedule is between 6 a.m. and 6 p.m. are not entitled to night shift differential pay, but services rendered beyond their regular schedule are compensated as overtime.
No. Uniformed personnel of the AFP, PNP, Bureau of Jail Management and Penology, Bureau of Fire Protection, and similar positions required 24 hours a day service are excluded from the night shift differential pay under this law.
No. Job order and contract of service workers are not covered by this law but are governed by COA-DBM Joint Memorandum Circular No. 2, s. 2020 or other similar issuances.
Hourly basic rate = [(basic monthly rate divided by 22 working days) divided by 8 hours].
It is a compensation premium granted to covered government employees for hours worked between 6 p.m. and 6 a.m. of the following day.
The rate shall not exceed 20% of the hourly basic rate of the employee.
Yes. Public health workers shall receive a night shift differential pay not lower than 10% of their hourly basic rate.
Night shift differential pay shall be paid only for the hours worked between 6 p.m. and 6 a.m.
Excess hours beyond the regular 8-hour night shift are compensated in accordance with existing rules on overtime services and overtime pay.
The head of agency, upon consultation with employees, formulates and adopts internal rules consistent with the law.
It is additional and shall not diminish any existing benefits and allowances.
The initial implementation is charged against existing appropriations of the concerned departments, and subsequent funding is included in the annual General Appropriations Act.
LGUs shall charge the amount to their respective funds, subject to the Local Government Code provisions.
The invalidity of any provision does not affect the rest of the provisions, which remain valid and subsisting.
They are repealed, modified, or amended accordingly.
They took effect 15 days after publication in two newspapers of general circulation.