Rationale Behind Night Shift Differential Pay

Workers and employees who work at specified night shift hours are entitled to additional pay known as night shift differential because of the recognized ill effects of working late at night.

Scientists have long studied how disrupting the normal sleep cycle (where people sleep at night and go out during the day) is increasingly linked to serious diseases such as hypertension, heart attack and certain cancers.

The Supreme Court adopted the general view that night work is undesirable both from the management and employee’s points of view for quite some time. One case decided in 1948 cites the following paragraph obtained from Commons & Andrews “Principles of Labor Legislation” in the case of Shell Company of the Philippine Islands:

           “The lack of sunlight tends to produce anemia and tuberculosis and to predispose him to other ills.  Night work brings increased liability to eyestrain and accident.  Serious moral dangers also are likely to result from the necessity of traveling the street alone at night, and from the interference with normal home life.”

In a much later case, the Supreme Court still cited the same quoted paragraph and added that it is only fair that the employee is compensated for the inconvenience of working at night.  (Association of International Shipping Lines, Inc. et al vs. United Harbor Pilots’ Association of the Philippines, Inc. GR 172029, Aug. 06, 2008).

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3 thoughts on “Rationale Behind Night Shift Differential Pay

  1. Di Li Ha

    Hi Atty.,
    I am about to join a prestigious BPO (Call Center) company in April 25,2011. They have asked me to present a COE from all of my previous BPO employers. My COE from my 1st BPO employer stated Oct.27,2009 as my end date although I was already employed by another BPO back then. The conflict in this date is due to the labor case that I won against my 1st BPO. I was reinstated but I submitted a resignation letter on Oct.27,2009 . My 1st BPO fired me last October 3,2008 and my 2nd BPO employed me on November 3,2008. The resolution of the labor case against my 1st BPO was released in October 2009;thus, I submitted my resignation when they asked me to return to my previous post.My dilemma is, will my new BPO take this against me since there is a conflict of end date with my 1st BPO with the start date of my 2nd BPO?
    Please advise.

    1. Atty Post author

      DiLiHa: If you’ve already been accepted, sometimes HR managers overlook details like that. If asked, then I suggest that you tell them the truth rather than leaving them to make their own conclusions. Only when you are asked, of course. Good luck in your new job.

  2. Di Li Ha

    Thank you so much Atty! This is big relief for me.

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