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Built in Night Differential

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1 Built in Night Differential on Fri Apr 04, 2014 1:07 pm

soulhunter182


Arresto Menor
Hi All, question lang po if meron po ba talaga na ganito na clause sa labor code? Pwede po bang kasama na sa Monthy Rate yung night differential? yung sinasabe nila na built in?

II. A.Night Differential. Built in.

The assumption is that you are a nightshift employee and that you feel nightshift differentials are not paid by the company. This is certainly not the case as I can assure you that the company follows the Labor Code in paying the mandated 10% nightshift differential to all of its employees on the nightshift. The confusion may lie in the fact that our nightshift differential, as stated in our contracts, is built in to the monthly salary offered at time of employment.

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2 Re: Built in Night Differential on Fri Apr 04, 2014 1:29 pm

council


Reclusion Perpetua
soulhunter182 wrote:Hi All, question lang po if meron po ba talaga na ganito na clause sa labor code? Pwede po bang kasama na sa Monthy Rate yung night differential? yung sinasabe nila na built in?

II. A.Night Differential. Built in.

The assumption is that you are a nightshift employee and that you feel nightshift differentials are not paid by the company. This is certainly not the case as I can assure you that the company follows the Labor Code in paying the mandated 10% nightshift differential to all of its employees on the nightshift. The confusion may lie in the fact that our nightshift differential, as stated in our contracts, is built in to the monthly salary offered at time of employment.

The clause itself as you indicated above is not in the labor code. The labor code does provide for ND when worked.

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.

The contract clause you have implies that all your work is at night (10-6) and that if you do not work during that time your salary will be deducted the appropriate amount.

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3 Re: Built in Night Differential on Fri Apr 04, 2014 1:46 pm

soulhunter182


Arresto Menor
council wrote:
soulhunter182 wrote:Hi All, question lang po if meron po ba talaga na ganito na clause sa labor code? Pwede po bang kasama na sa Monthy Rate yung night differential? yung sinasabe nila na built in?

II. A.Night Differential. Built in.

The assumption is that you are a nightshift employee and that you feel nightshift differentials are not paid by the company. This is certainly not the case as I can assure you that the company follows the Labor Code in paying the mandated 10% nightshift differential to all of its employees on the nightshift. The confusion may lie in the fact that our nightshift differential, as stated in our contracts, is built in to the monthly salary offered at time of employment.

The clause itself as you indicated above is not in the labor code. The labor code does provide for ND when worked.

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.

The contract clause you have implies that all your work is at night (10-6) and that if you do not work during that time your salary will be deducted the appropriate amount.

Thank you for the reply, our operation is from 11pm to 8am and 12MN to 9am. we have work po during 10-6 pero sabe daw po ni company built in daw po xa sa monthly rate. mali po yon di ba? dapat po on top of the monthly rate?

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4 Re: Built in Night Differential on Fri Apr 04, 2014 1:49 pm

council


Reclusion Perpetua
soulhunter182 wrote:Thank you for the reply, our operation is from 11pm to 8am and 12MN to 9am. we have work po during 10-6 pero sabe daw po ni company built in daw po xa sa monthly rate. mali po yon di ba? dapat po on top of the monthly rate?

So paano na pag nag-iba ang shift ninyo, nag-iiba din ba ang sweldo?

Mas mataas ang nakukuha ng 11pm shift kesa 12mn shift kasi mas mahaba ang ND.

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5 Re: Built in Night Differential on Fri Apr 04, 2014 1:52 pm

soulhunter182


Arresto Menor
council wrote:
soulhunter182 wrote:Thank you for the reply, our operation is from 11pm to 8am and 12MN to 9am. we have work po during 10-6 pero sabe daw po ni company built in daw po xa sa monthly rate. mali po yon di ba? dapat po on top of the monthly rate?

So paano na pag nag-iba ang shift ninyo, nag-iiba din ba ang sweldo?

Mas mataas ang nakukuha ng 11pm shift kesa 12mn shift kasi mas mahaba ang ND.


bali 11pm to 8am po xa talaga ngayon pag DST 12MN to 9am. yung night differential po nag lalaro sa 6-7 hours. kaso hindi po kame nila binabayaran kase sabe ni HR Managaer kasama na daw po xa sa monthly rate, built in na daw po. lets say 20k ang monthly rate, kasama na daw po night differential dun? tama po ba yun?

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6 Re: Built in Night Differential on Fri Apr 04, 2014 1:54 pm

council


Reclusion Perpetua
soulhunter182 wrote:bali 11pm to 8am po xa talaga ngayon pag DST 12MN to 9am. yung night differential po nag lalaro sa 6-7 hours. kaso hindi po kame nila binabayaran kase sabe ni HR Managaer kasama na daw po xa sa monthly rate, built in na daw po. lets say 20k ang monthly rate, kasama na daw po night differential dun? tama po ba yun?

Pwedeng kasama na dun, pero di naman sumusunod sa DST ang night diff so pag 12-9 kayo, dapat bumababa ang sweldo, unless sabihin ng management na bigay na lang nila sa inyo iyong additional 1 hr night diff.

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7 Re: Built in Night Differential on Fri Apr 04, 2014 1:59 pm

soulhunter182


Arresto Menor
council wrote:
soulhunter182 wrote:bali 11pm to 8am po xa talaga ngayon pag DST 12MN to 9am. yung night differential po nag lalaro sa 6-7 hours. kaso hindi po kame nila binabayaran kase sabe ni HR Managaer kasama na daw po xa sa monthly rate, built in na daw po. lets say 20k ang monthly rate, kasama na daw po night differential dun? tama po ba yun?

Pwedeng kasama na dun, pero di naman sumusunod sa DST ang night diff so pag 12-9 kayo, dapat bumababa ang sweldo, unless sabihin ng management na bigay na lang nila sa inyo iyong additional 1 hr night diff.

Sorry sir nalilito lang po ako. Kase if kasama na po sa montly rate na 20k yung night differential, edi hindi po 20k yung monthly rate ko po less than? medyo na confuse po ako, if monthly rate ko po is 20k edi po ba dapat + night different na lets say 1k for arguments sake, so dapat po ang gross ko is 21k? tama po ba? kase ang pinirmahan ko lets say na monthly rate is 20k. Pag kasama na yung night differential dun edi less than 20k yung monthly rate ko po. Legal po ba yung ganung practice sa batas? para kaseng madaya?

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.

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