IRR RA 11701: Night Shift Pay for Gov't

Applies to government employees from Division Chief and below or their equivalent, including those in government-owned or -controlled corporations.
Coverage includes all appointment statuses: permanent, temporary, coterminous, substitute, contractual, or casual.
Applies only to employees whose official working hours fall between 6 p.m. and 6 a.m. of the following day.
Officers-in-Charge designated to executive/managerial positions entitled to night shift differential if working between 6 p.m. and 6 a.m.
Excludes employees with regular schedules from 6 a.m. to 6 p.m.; extra hours compensated under overtime provisions.
Excludes personnel required or on call 24 hours such as uniformed Armed Forces, PNP, BJMP, BFP, and similarly situated personnel.
Excludes job order (JO) and contract of service (COS) workers, who are covered under other circulars.

Hourly Basic Rate: Calculated by dividing the monthly basic salary by 22 working days and then dividing the result by 8 hours.
Night-Shift Differential Pay: A premium pay granted for hours worked between 6 p.m. and 6 a.m. of the following day.

Night-shift differential may be granted at a rate not exceeding 20% of the hourly basic rate for services rendered between 6 p.m. and 6 a.m.
Public health workers shall receive no less than 10% night differential pay.
Payment applies only to hours worked within the night differential period.
Overtime for work exceeding 8 hours in a night shift governed by existing overtime laws.
Agency heads shall formulate internal rules determining night differential rates, not exceeding 20%, subject to consultation and fund availability.
Night shift differential pay is additional to regular salary and allowances and does not reduce other benefits.

For national agencies: initial funds charged to existing appropriations; subsequent funds included in the annual General Appropriations Act.
For local government units: funds charged against local government funds according to the Local Government Code.
For government-owned and controlled corporations and subsidiaries: funds charged to corporate funds.

Separability Clause ensures invalid provisions do not affect the validity of the remainder of the rules.
Repealing Clause rescinds previous inconsistent orders, rules, and issuances.
The rules take effect 15 days after publication in two newspapers of general circulation.