Short answer. Six of the eight. Article 86 gives a differential of not less than ten percent of regular wage for each hour worked between ten in the evening and six in the morning. On an 8pm to 4am shift the first two hours earn none; the six hours from 10pm to 4am do.

What the law says

Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.

Labor Code, Article 86 — Night Shift Differential. Read the full provision →

The entitlement is counted by the hour

The provision reads: Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. The operative phrase is for each hour of work performed within that window. It is not a bonus attached to a shift, and it is not all-or-nothing. Each hour is assessed on its own, which is why a shift straddling ten in the evening is paid partly with the differential and partly without.

Working the 8pm to 4am shift through

Take the window as a fixed band from 22:00 to 06:00. The hours from 20:00 to 22:00 fall outside it and attract the ordinary rate. The hours from 22:00 through to 04:00 fall inside it — six hours, each carrying the differential. Nothing about the arrangement changes that split: not the fact that the whole shift is rostered as a night shift, not the employer's shift-naming, and not a company practice of paying the differential on some flat basis. The clock times in the article are the only test it applies.

Ten percent is a floor

The rate is not less than ten percent. An employer, a collective bargaining agreement or a company policy may set a higher differential, and where one does, the higher figure governs because the Code is stating a minimum rather than a fixed rate. This cuts the other way too: an employer paying exactly ten percent is complying with the article, and the fact that another company in the same industry pays more is not by itself a shortfall. Check the contract or the agreement before assuming the statutory minimum is the whole entitlement.

It does not depend on being a night-shift worker

The article speaks of every employee and of hours of work performed in the window. It does not ask whether your regular schedule is a night schedule. A day worker held back until half past ten has worked half an hour inside the band, and that half hour is within the provision. This is where payslips most often go wrong — the differential is administered as a shift allowance for rostered night staff rather than as an hourly entitlement. Compare your timekeeping records against the window hour by hour before raising it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.