The Civil Service Commission (CSC) promulgated the implementing rules and regulations (IRR) of Republic Act (RA) No. 11701, which grants night shift differential pay to government employees.
The law grants compensation premium to government employees, including those in government-owned or controlled corporations (GOCCs), who are occupying the positions/items of Division Chief and below or their equivalent, regardless of the status of their appointment, whose official working hours fall between 6 p.m. and 6 a.m. of the following day. The premium is also granted to incumbents of Division Chief positions and below or their equivalent, who are designated as Officers-in-Charge to executive/managerial positions when they are still bound to observe the work hours between 6 p.m. and 6 a.m. of the following day.
However, the law does not cover government employees with regular work schedule falling between 6 a.m. and 6 p.m.; those whose services are required, or are on call, 24 hours a day, such as the uniformed personnel and others as may be determined by the CSC and the Department of Budget and Management (DBM); and workers under job order or contract of service.
The night shift differential pay shall be at a rate not exceeding 20 percent of the hourly basic rate of the employee, as authorized by the head of agency. In the case of public health workers, the rate shall not be lower than 10 percent of their hourly basic rate.
The amount necessary for the initial implementation of the law and rules shall be charged against the existing appropriations in case of national government agencies; for local government units, from their respective funds subject to the provisions of Sections 325 and 331 of the Local Government Code of 1991; and for GOCCs and their subsidiaries, from their respective corporate funds.
CSC Chairperson Karlo Nograles said that the law granting night shift differential pay is a much-deserved additional benefit for employees who are relied upon to keep government operations running 24/7. “Malaki ang pasasalamat natin sa ating mga medical personnel, air traffic controllers, mga nasa immigration, customs, emergency communications, at marami pang iba na nagta-trabaho sa night shift. Sila ang mga lingkod bayan, o lingkod bayani, na sumisigurong tuluy-tuloy ang pagbibigay ng serbisyo ng pamahalaan, mapa-araw man o gabi.”
He also thanked the DBM for working with the CSC in the crafting of the IRR. “Alinsunod sa isinasaad ng R.A. 11701, naging katuwang po natin ang DBM sa pagbuo nitong IRR. I thank Secretary Amenah Pangandaman and her team for their relentless cooperation,” he said.
Meanwhile, Chair Nograles also urged government agencies to formulate and adopt internal rules and procedures on the grant of the night shift differential pay, as well as explore other possible benefits that are allowable under civil service, budget, and audit and accounting rules and regulations.
“Hinihimok din natin ang mga pinuno ng ahensya—katuwang ang kanilang human resource (HR) officers at employees’ organizations—na paigtingin ang pagtalima sa mga applicable occupational safety and health standards, at mag-explore ng mga karagdagang benepisyo na maaari pang ibigay upang maibsan ang mga posibleng epekto ng night shift work sa kalusugan at overall well-being ng kanilang mga empleyado,” Nograles said.
The IRR of R.A. No. 11701 was published in two (2) newspapers of general circulation on 6 and 9 February 2023, and shall take effect on 24 February 2023 or after fifteen (15) days from its publication.
R.A. No. 11701, or An Act Granting Night Shift Differential Pay to Government Employees Including Those in Government-Owned or -Controlled Corporations and Appropriating Funds Therefor, was signed by former President Rodrigo Roa Duterte on 13 April 2022.