Senator Loren Legarda is seeking to double the minimum night shift differential for private-sector workers from 10 percent to 20 percent, saying the existing rate has failed to keep pace with rising living costs and the demands of night work.

Under Senate Bill No. 2585, Legarda wants Article 86 of the Labor Code amended to require employers to pay covered workers an additional amount equivalent to at least 20 percent of their regular wage for every hour worked between 10 p.m. and 6 a.m.

“Hindi na 1974 ang ating ekonomiya, pero 1974 pa rin ang pamantayan ng batas pagdating sa minimum night differential. Sa harap ng inflation, mas mataas na cost of living, at mas mabibigat na hamon ng night work, nararapat lamang na itaas ang minimum na dagdag-bayad para sa ating mga night workers,” she said.

The 10-percent statutory minimum dates back to the Labor Code enacted in 1974.

Legarda said night workers face additional health and commuting challenges because they are required to work during hours when the body would normally be sleeping.

“Night work entails far more than mere loss of sleep. When an employee is required to remain awake and work during hours when the body would normally be asleep, there are real effects on health and well-being. Night workers face greater risks of fatigue and sickness, on top of the added difficulty of commuting during late-night and early-morning hours. These burdens deserve fairer compensation,” according to her.

The senator also cited the higher night shift differential rates in other Asian countries, including Vietnam, South Korea and Japan.

Legarda pointed out that government employees covered by Republic Act No. 11701 may receive night shift differential pay of up to 20 percent of their hourly basic rate.

“Kung kinilala na natin sa batas na maaaring umabot sa 20% ang night shift differential ng mga empleyado ng gobyerno na saklaw ng R.A. 11701, panahon na ring repasuhin natin ang sampung porsiyentong minimum para sa pribadong sektor. Ang puyat, pagod, at epekto ng night work sa katawan ay hindi naman namimili kung government o private employee ang isang manggagawa,” she said.

Legarda clarified that the proposed increase would not affect employees already receiving higher night shift differential rates under collective bargaining agreements, employment contracts or company policies.IMT