Text of the provision

Art. 86. Night shift differential. 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 of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.

What this article means

Employees must be paid a night shift differential of not less than 10% of the regular wage for each hour worked between ten o’clock in the evening and six o’clock in the morning. It is an add-on to the regular hourly pay, not a substitute for it.

Questions about this provision

Related provisions

A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment (Presidential Decree No. 442), verified against the LawPhil and ChanRobles renderings. The Labor Code has been amended many times; this page reproduces the text as those sources carry it. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.