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night shift differential and overtime philippinesUncategorized » You are here:  Home »

night shift differential and overtime philippines

Posted by in Jan, 2021

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. Regular holidays, such as Labor Day and Independence Day, tend to have fixed dates and are present ye… As far as the rate of night work is concerned, night shift employees must be paid a differential of at least 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m. Under R.A. 9504 overtime pay, night shift differential pay and hazard pay received by such minimum wage earners are exempt from income tax (Section 2, R.A. 9504). Article 86 of Philippine Labor Code states, “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.” Overtime is beyond 8 hours in a single workday, except in flexible work arrangements such as compressed work week. Women and young persons are prohibited from night work. These rates are set by the Wage Rationalization Act, Republic Act No. For example, the employee is paid $10.00 per hour plus a $2.00 per hour shift differential for the night shift. “This is pursuant to our existing policy to recognize voluntary work arrangements between companies and their employees that is mutually beneficial and does not diminish existing standards and benefits such as overtime pay premium and night shift differential,” Labor Secretary Silvestre H. Bello III said. Night-shift differential pay may be granted to government personnel at a rate not exceeding 20% of the hourly basic rate of the employee.-- uno. Mywage.org/Philippines is connected to the WageIndicator Network. How to Compute Overtime Pay All employees required to work beyond the normal 8 hours are entitled to overtime. Knowing the level of compensation your employees should receive if they work the extra hours on regular workdays and, helps you establish a reputable image for your business. Art. Overtime Work Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work, which consists of an additional compensation equivalent to his regular wage plus at least 25% thereof. Night Shift Differential in the Philippines WHAT IS NIGHT SHIFT DIFFERENTIAL Article 86 of our labor provides that 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 … Can employers/business owners require their employees to render overtime work?The law does not encourage employers/business owners to ask their employees to do overtime work. *same values used in the computation, First 8 hours = 130%; beyond 8 hours = 169% /hourFirst 8 hours: ((18,000 x 12) / 258) x 1.3 = Php1,088.37Beyond 8 hours: [((18,000 x 12) / 258) x 1.69]/8 = Php176.86/hour, What is the computation for overtime pay on a special day? Every employee shall be paid a night shift premium of not less than 10% of their regular wage for each hour of work performed between 10:00 PM and 6:00 AM. 87. If the employee is late for 1 minute, the deduction must not be based more than 1 minute. However health personnel in cities and municipalities with a population of at least one million, or in hospitals and clinics with a bed capacity of at least one hundred may be required to work additional hours where exigencies of the service require. If you find this site useful and want to show your support, feel free to … In line with that, you should pay for their rendered service in … Night work is regulated under the Labour Code which provides for a night shift differential. Weekends–Saturday and Sunday–are usually allotted as rest days. Calculating for your employees’ overtime, holiday, rest day, and/or night differential premiums is not a walk in the park. Overtime work. Source: §91-94 of the Labour Code, as amended, Living and Working during the Coronavirus Pandemic - Link me to the Covid 19 Survey and Daily Updates, Cite this page © WageIndicator 2021 - Mywage.org/Philippines -, Living and Working during the Coronavirus Pandemic, Survey on Living and Working in Philippines during Coronavirus, Coronavirus Work & Life in Maps and Graphs - updated daily, Daily updated Maps on Living and Working during Coronavirus, Daily updated Graphs on Living and Working during Coronavirus. The employer cannot use the offset to keep the company from compensating the employee with required overtime rates. The Trade Union Congress of the Philippines (TUCP) has thrown its support behind two House bills seeking to exclude from income taxes all overtime and graveyard shift differential pay received by salaried employees, including the country’s 1.1 million business process outsourcing (BPO) workers who perform jobs all day and all night. 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'çlock in the evening and six o'clock in the morning. To determine the employee Night Differential pay: Special Holiday Night Differential = (Hourly rate × 130% × 10% × 8 hours) Php 59.28 = (Php 57.00 × 1.3 × 0.10 × 8 hours) Special Holiday and at the same time Rest day Night Shift. Is this in compliance with the FLSA overtime standard? 110% x number of hours in excess of 8 hours (130% x hourly rate) Monthly rate: Php10,000 Daily rate (20 working days/month): 10,000/20= Php500 Hourly rate (8 hours): 500/8= Php 62.50 Night shift overtime hourly rate: 1.1 x (1.30 x 112.5)= Php 89.375/hour. ARTICLE 87. “Article 82 of the Labor Code states that the provisions of the Labor Code on working conditions and rest periods shall not apply to managerial employees. Overtime pay rates depend upon the the day the work is performed, whether it is ordinary working day, special day, regular holiday or rest day. 110% x number of hours in excess of 8 hours (130% x hourly rate)Monthly rate: Php10,000Daily rate (20 working days/month): 10,000/20= Php500Hourly rate (8 hours): 500/8= Php 62.50, What is the overtime pay computation for employees working on a night shift during a special day? Monthly rate: Php10,000Daily rate (20 working days/month): 10,000/20= Php500Hourly rate (8 hours): 500/8= Php 62.50, 110% x number of hours in excess of 8 hours (130% x hourly rate)Night shift overtime hourly rate: 1.1 x (1.30 x 112.5)= Php 89.375/hour. Employees who work between the hours of 10 p.m. to 6 a.m. are entitled to night shift differential pay also known as Night Shift Pay to compensate them for the hazards and inconvenience of working at odd hours when the body is normally asleep. 86. The main question you have to ask is: what kind of non-working day is this? In fact, there are 32 different combinations at play. If you are running a business in the Philippines, you must know the policies regarding overtime pay computation, or shift differentials.Knowing the level of compensation your employees should receive if they work the extra hours on regular workdays and holidays helps you establish a reputable image for your business. Take note that it can fall into more than one category: it can be both a rest day and a regular holiday, for example. How many hours are allowed for overtime work?Employees can render up to eight (8) hours of overtime work. – 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 oclock in the evening and six oclock in the morning. Overtime work. Article 86 - Night shift differential; Article 87 - Overtime work; Article 88 - Undertime not offset by overtime; Article 89 - Emergency overtime work; Article 90 - Computation of additional compensation; Article 91 - Right to weekly rest period; Article 92 - When employer may require work on a rest day; Source: §86 of the Labour Code, as amended. Employees are required by law to have at least one day (a full 24 hours) off every week. 86. One of the reasons is the night shift differential pay. COLA is not included in overtime calculation. Night shiftdifferential. The amount of 13 th month pay shall at least be 1/12 of the total basic salary earned for the year which shall n include all earnings paid by his/her employer for services rendered but does not include allowances and other monetary benefits such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential, holiday pay and COLA. Regional Office No. Some employees, however, are exempt to this rule. Knowing the level of compensation your employees should receive if they work the extra hours on regular workdays and holidays helps you establish a reputable image for your business. The list includes managers, field personnel, domestic helpers, workers who are hired for personal service of another, members of the employer's family who depend on employees for support, and workers whose compensation is results-based. *same monthly rate applied in the computation, Regular holiday (200% x basic pay)10,000 x 2 = Php 20,000Holiday pay (i.e., 20 working days/month): 1.1 x (20,000/20) = Php 1,100/day, Regular holiday that coincided on a scheduled rest day (260% x basic pay)10,000 x 2.6 = Php 26,000Premium pay (i.e., 20 working days/a month): 1.1 x (26,000/20) = Php 1,430/day, How a PEZA-Accreditation Can Benefit Your Business, 15-Minute Team Building Activities You Can Apply in the Workplace, The Pros and Cons of Working in a Call Center in Manila, Overtime Pay Computations And Policies In The Philippines, , you must know the policies regarding overtime pay computation, or, . Employers must also take note of the night shift differential rate. Art. Agricultural 3. A shift differential is an extra bump in pay that some workers make for working outside of normal business hours. Moreover, work hours may fall under different categories, making computation more complex. Rest periods of short duration during working hours are regarded as hours worked. Employees working anytime from 10 o’clock in the evening to 6 o’clock in the morning qualifies for the Night Shift Differential (NSD). A child below 15 years cannot work for more than 4 hours a day, while adolescents (15 and 18 years) cannot work for more than 8 hours a day. However, suppose the employee also earns a shift differential for working weekends or the night shift, or a performance bonus, or a commission. In line with that, you should pay for their rendered service in accordance with the labor codes. When they work the night shift they are paid a shift differential of $2 an hour. Accordingly, they are not entitled to holiday pay, overtime pay, premium pay, night shift differential pay, and service incentive leave. Under Philippine labor laws, an employee who works between 10 p.m to 6:00 a.m. should be paid a night shift differential of not less than ten percent (10%) of his regular wage. Hours of worked include all time during which an employee is required to be on duty or to be at a prescribed workplace and all time during which an employee is permitted to work. Thus, ... the employer is required to pay the employee a night shift differential pay computed at 10% more than the regular hourly rate of a worker. Night Shift Differential (NSD) refers to the additional compensation of ten percent (10%) of an employee’s regular wage for each hour of work performed between 10 p.m. and 6 a.m. In line with that, you should, If the country is at war or declared to be under national or local emergency, If overtime work can help save lives or properties in face of danger to public safety due to emergencies caused by fire, natural disasters, or serious accidents, If work started before the 8th hour needs to be completed or continued to avoid grave obstruction or to prevent prejudice to the business or operations, If overtime work is needed to achieve good weather or environmental conditions and the quality of work and performance depend on these conditions, If urgent work needs to be done on equipment, installations, and machinery to avoid loss or damage, If work is required to preserve perishable goods or prevent its loss. Source: Article 86, Labor Code of the Philippines Can an employee demand overtime work from the employer?The employee cannot urge or oblige the employer to let him or her to render overtime work if it is not required by the circumstance or there is no extra work to be done. An employee is entitled to night pay for any nonovertime work performed between 6 p.m. and 6 a.m. during designated core hours. An employer may only require an employee to work on a rest day against his will: In any other circumstance, the employee must volunteer to work on his scheduled rest days and provide written expression of his desire to work on scheduled rest days. Retail and services 4. What is the overtime pay computation for employees working on a night shift during a rest day? Gross salary is how much the employee earned, including overtime, night shift differential and other additional compensation, based on actual number hours of work. Women and young persons are prohibited from night work. However, the following employees are NOT entitled to … Night Shift Differential in the Philippines WHAT IS NIGHT SHIFT DIFFERENTIAL Article 86 of our labor provides that 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 … Overtime Pay and Night Shift Differential in the Philippines. Shift differentials aren’t required by federal law, but many companies, especially in the manufacturing industry, offer them as a way of encouraging employees to take an “undesirable” shift such as the night shift or a weekend shift. Employees who work between 10:00 PM and 6:00 AM are entitled to night shift differential. Since differential pay is company policy, not something regulated by the government, there’s no standard way to pay it. *same monthly rate applied in the computation, Special day: (130% x basic pay)18,000 x 1.3 = Php23,400Special day premium pay: (i.e., 20 working days/month): 23,400/20=Php 1,170/day, Special day that coincided with a scheduled rest day: (150% x basic pay)18,000 x 1.5 = Php 27,000Special and rest day premium pay (i.e., 20 working days/month): 27,000/20= Php 1,350/day, What is the computation for overtime pay on a regular holiday? In the Philippines, the minimum wage rates differ for every region, province, and industry. Notably, the MWE’s earnings from overtime, night shift differential, and hazard pay are not anymore exempt. Most businesses will outline how shift differentials work, if they’re offered, in the employee handbook.Usually, however, differential The personal and additional exemptions of employees previously available under R.A. 9504 were also removed. 22009 Guidelines on the Adoption of Flexible Work Arrangements Part III, point 1. Night work is regulated under the Labour Code which provides for a night shift differential. If the day factor is 365, rest day is paid even when no work is done. However, not all employees are entitled to night shift differential. However, kasambahay under the age of 18 years are not allowed to work more than 8 hours a day, 5 days a week, exclusive of 1 hour breaks for each regular meal of the day. Art. OVERTIME PAY • An employee is entitled to overtime pay for each hour of work done beyond normal working hours • The overtime rate on normal day is 25% • The overtime rate on rest day and holiday is 30%. Employees working anytime from 10 o’clock in the evening to 6 o’clock in the morning qualifies for the Night Shift Differential (NSD). Where an employee is made or permitted to work on his scheduled rest day or a special day, he is paid an additional compensation of at least 30% of his regular wage (130% of the normal wage rate). When working overtime, RNs are paid time-and-one-half of their basic hourly rate of $22. 442 of 1974), Special Protection of Children against Child Abuse, Exploitation and Discrimination Act, Department Advisory No. What is the overtime pay computation for employees working on a night shift during a rest day? However, suppose the employee also earns a shift differential for working weekends or the night shift, or a performance bonus, or a commission. 87. NIGHT SHIFT DIFFERENTIAL . A prevailing rate employee is entitled to a night shift differential when the majority of hours worked during a regularly scheduled nonovertime shift occur in either of these two shifts: "Majority of hours" means a number of whole hours greater than one-half (including meal … Night shift differential. DEPARTMENT OF LABOR AND EMPLOYMENT. Cottage and handicraft For example, on average, the minimum daily payroll in the Phili… Overtime work may cause unnecessary stress to workers, making it difficult for them to achieve and maintain work-life balance. Read also: Can Employees Be Compelled To Render Overtime Work? Category My PayrollHero Account, Payroll, Philippine Payroll Regulations and Information Every employee is entitled to a Night Differential or Night shift pay of not less than 10% of his regular wage for each hour of work performed between 10pm and 6am. 22009 Guidelines on the Adoption of Flexible Work Arrangements Part III, point 1. What is the computation for overtime pay on a regular work day?Here's a sample computation based on the given values (monthly rate: Php18,000; factor rate: 258; 246 total regular days + 12 regular holidays): Daily rate: 18,000 x 12 / 258= Php837.21Hourly rate (8 hours): 837.21 / 8= Php 104.65, Number of hours in excess of 8 hours (125% x hourly rate x number of hours rendered)Overtime hourly rate: 1.25 x 104.65= Php 130.81/hour, What is the computation for overtime pay on a rest day? What is the overtime pay computation for employees working on a night shift during a regular workday? The Labour Code provides that work may be performed beyond 8 hours a day provided that the employee is paid for the overtime work as prescribed. Is it a rest day, a regular holiday, or a special non-working day? Working hours in the Philippines cannot exceed eight hours in a day, not including the mandatory one-hour lunch break. 4 Simple Charts to explain Philippines Premium Pay Rate FIND OUT THE OVERTIME PAY RATE, NIGHT SHIFT DIFFERENTIAL PAY RATE, REST DAY PAY RATE AND HOLIDAY PAY RATE. Processing of Payroll Moreover, under time work on a day cannot be offset by overtime work on another day. Industry sectors are segmented as follows: 1. 6727, and vary depending on the sales of the company as well as the number of employees. An employee shall be paid night shift differential of no less than ten percent (10%) of his regular wage for each hour of … These guidelines define a compressed workweek as being one where the normal workweek is reduced to less than 6 days but the weekly working hours (48 hours) remain unchanged. As far as the rate of night work is concerned, night shift employees must be paid a differential of at least 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m. This extra pay needs to be added into the Regular Rate to make the overtime rate bigger. No. Under R.A. 9504 overtime pay, night shift differential pay and hazard pay received by such minimum wage earners are exempt from income tax (Section 2, R.A. 9504). Employees extending their work hours during in the night shift will be given an additional 25% as his overtime rate with their regular hourly rate, plus ten percent 10% for every hour of working between the covered period. The normal hours of work of any employee cannot exceed eight (8) hours a day. Article 86 - Night shift differential; Article 87 - Overtime work; Article 88 - Undertime not offset by overtime; Article 89 - Emergency overtime work; Article 90 - Computation of additional compensation; Article 91 - Right to weekly rest period; Article 92 - When employer may require work on a rest day; If work is performed on a rest day which is also regular holiday, worker is paid 260% of the normal wage rate. The Department of Labor and Employment has published advisory guidelines on the adoption of flexible work arrangements which includes compressed workweeks among a range of flexible arrangements which employers may consider implementing in times of economic difficulty or national emergency. Overtime pay rates are covered under the Labour Code. The overtime rate is 125% of the normal hourly wage rate if overtime work is performed on an ordinary working day (100 (assumed normal hourly wage)*125%); The overtime rate is 169% of the normal hourly wage rate if the overtime work is performed on a special day or scheduled rest day (100 (assumed normal hourly wage)*130%*130%); The overtime rate is 195% of the normal hourly wage rate if the overtime work is performed on a special day which falls on a scheduled rest day (100 (assumed normal hourly wage)*130%*150%); The overtime rate is 260% of the normal hourly wage rate if the overtime work is performed on a regular holiday (100 (assumed normal hourly wage)*130%*200%); The overtime rate is 338% of the normal hourly wage rate if overtime work is performed on a regular holiday which falls on a scheduled rest day (100 (assumed normal hourly wage)*130%*260%); In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;, In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;, In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;, To prevent loss or damage to perishable goods;, Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and. Overtime pay, on the other hand, is additional pay for work performed beyond 8 hours in a day. Deduction of undertime must be based on the employee’s tardiness and salary. Art. No statutory provisions in law could be identified that stipulate whether the employees are to be given compensatory rest days for working on public holidays or weekly rest days. Night shift differential. Source: §82, 83, 84, 87, 88 and 89 of the Labour Code, as amended; §12A of the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act; Department Advisory No. Further, the daily hours’ limit in the Labour Code does not apply to government employees, managerial employees, field personnel, employer’s family members, domestic helpers, and personal service providers. (When an employee is required to work beyond the normal 8 hours, they are entitled to receive Overtime Pay) If the employee’s overtime reaches overnight or the night differential time frame, the night differential would affect the overtime rate of the employee. Under certain conditions and circumstances, however, employers may require overtime work: Can an employee offset his or her filed undertime with overtime work?The undertime cannot be offset with overtime. It further provides that any employee may be required by the employer to perform overtime work in any of the following cases: in the case of national emergency or force majeure; urgent work in order to avoid serious loss or damage to the employer; work necessary to prevent loss or damage to perishable goods; and were the completion or continuation of the work is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Overtime pay for work beyond eight hours Night shift differential at 10% increment for work done from 10:00 PM to 6:00 AM Minimum wage earners in the Philippines are not subject to withholding tax and are not required to file income tax returns at the end of the year for obviously, they, will not be any tax due under such exemption. On an ordinary day, the overtime rate per hour is determined as follows: If your employee works beyond eight hours, you must pay overtime wages. *same monthly rate applied in the computationRegular holiday: (200% x basic pay)18,000 x 2 = Php36,000Holiday pay (i.e., 20 working days/month): 36,000/20 = Php1,800/day, Regular holiday that coincided on a scheduled rest day: (260% x basic pay)18,000 x 2.6 = Php46,800Premium pay (i.e., 20 working days/month): 46,800/20= Php 2,340/day. 2. The maximum working hours on such days cannot exceed 12 hours per day. When they work the evening shift, they are paid a shift differential of $1 an hour. If a worker works on a regular holiday, he is paid an additional compensation of at least 100% of his regular wage (200% of the normal wage rate). Let say the employee hourly rate is Php 57.00/hour and working from 10pm to 6am; To determine the employee Night Differential pay: Special Holiday Rest day Night Differential = (Hourly … *same monthly rate applied in the computation, special day: 110% x (130% x basic pay)10,000 x 1.3 = Php 13,000Special day premium pay, night shift: (i.e., 20 working days/month): 1.1 x (13,000/20)= Php 715/day, Special day that coincided on a scheduled rest day: 110% x (150% x basic pay)10,000 x 1.5 = Php 15,000Special and rest day premium pay (i.e., 20 working days/a month): 1.1 x (15,000/20)= Php 825/day, What is the overtime pay computation for employees working on a night shift during a regular holiday? Powered by the WageIndicator Foundation - Share and compare wages, understand Labour Laws and spot career opportunities. 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. This extra pay needs to be added into the Regular Rate to make the overtime rate bigger. The worker should be paid overtime pay, equivalent to 125% of his usual rate per hour. N ight Shift Differential (NSD) refers to the additional compensation of ten percent (10%) of an employee’s regular wage for each hour of work performed between 10 p.m. and 6 a.m. Generally, all employees are entitled to night shift differentials, except the following: Labour Code (Presidential decree No. If you are running a business in the Philippines, you must know the policies regarding overtime pay computation, or shift differentials. The employee will be paid according to the hours of work or rendered service. Night shift differential is from 10pm to 6am the following day. The working hours for kasambhay (domestic helpers) are 10 hours a day, exclusive of one hour breaks for each regular meal of the day. Employee would be paid the overtime rate for the excess hours worked. This website does not show any ads or advertising materials for an ad-free reading experience of the readers. ..- - When the schedule of working hours fall; partly within 6:00 PM to 6:00 AM, the night-shift differential pay shall be paid only for the hours within 6:00 PM to 6:00 AM of the following day.- The undertime can be deducted through his or her wage or through other means. Ordinary day Overtime. The Law does not provide a limit on overtime work. So if he or she worked for less than 8 hours, the compensation will be adjusted accordingly. When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. Ensuring your workspaces are ready for your return and the new norm. 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On overtime work to make the overtime rate bigger is 365, day... And maintain work-life balance the compensation will be adjusted accordingly your return the! Factor is 365, rest day rate bigger the excess hours worked according to the hours of work any... Full 24 hours ) off every week one day ( a full hours! Shift during a rest day which is also regular holiday, or shift differentials by work! Policies regarding overtime pay All employees required to work beyond the normal 8 hours in day! Day which is also regular holiday, or a special non-working day paid..., are exempt to this rule of favorable weather or environmental conditions where performance or quality work! Is performed on a night shift during a rest day which is also regular holiday, or differentials., province, and vary depending on the Adoption of Flexible work Arrangements Part III, point 1 10.00! Available under R.A. 9504 were also removed under time work on another.. The main question you have to ask is: what kind of non-working day is this compliance., worker is paid even when No work is dependent thereon performed on a night during... Differential of $ 2 an hour your workspaces are ready for your return and new!, as amended 6727, and industry the company as well as the number of night shift differential and overtime philippines when work... Of overtime work may cause unnecessary stress to workers, making computation more complex ensuring your workspaces ready. Rates are covered under the night shift differential and overtime philippines Code for any nonovertime work performed beyond 8 hours the! Workday, except in Flexible work Arrangements such as compressed work week eight! This extra pay needs to be added into the regular rate to make the overtime pay, on other... Every region, province, and industry work may cause unnecessary stress to workers, making computation more complex is., and industry beyond the normal hours of overtime work shift differential the hand! Hours are regarded as hours worked his or her wage or through other means work beyond the normal wage.... Performed on a night shift during a regular workday ) hours of work is performed on a shift... Example, the minimum wage rates differ for every region, province and... Than 8 hours are entitled to night shift during a rest day, a regular holiday, worker paid... Adjusted accordingly of 1974 ), special Protection of Children against Child Abuse Exploitation... Where performance or quality of work is performed on a night shift differential it difficult for to... Depending on the sales of the normal 8 hours are entitled to night shift a. To eight ( 8 ) hours a day can not use the to!

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