An Act Granting Night Shift Differential Pay to Government Employees Including those in Government-Owned or -Controlled Corporations and Appropriating Funds Therefor

Case Overview and Summary

Summary of Republic Act No. 11701

Night Shift Differential Pay for Government Employees

- Grants night shift differential pay to government employees including those in government-owned or -controlled corporations. (Section 1)
- Covers employees occupying position items from Division Chief and below, or their equivalent. (Section 1)
- Applies to permanent, contractual, temporary, or casual employees. (Section 1)
- Night shift differential pay rate is not exceeding twenty percent (20%) of the hourly basic rate. (Section 1)
- Hourly basic rate is derived by dividing the basic monthly rate by 22 working days, and dividing the quotient by 8 hours. (Section 1)
- The night shift differential pay is in addition to existing benefits and allowances. (Section 1)

Exclusions:

- Employees whose schedule of office hours fall between 6:00 AM to 6:00 PM. (Section 2a)
- Employees whose services are required or on call 24 hours a day, such as uniformed personnel of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Bureau of Jail Management and Penology (BJMP), the Bureau of Fire Protection (BFP), and others similarly situated as determined by the Civil Service Commission (CSC) and the Department of Budget and Management (DBM). (Section 2b)

Implementation:

- The CSC, in coordination with the DBM, shall promulgate the necessary rules and regulations for effective implementation. (Section 3)

Funding:

- For national government entities, the amount shall be charged against existing appropriations. Thereafter, it shall be included in the annual General Appropriations Act. (Section 4a)
- For local government units, the amount shall be charged against their respective funds, subject to the provisions of Sections 325 and 331 of Republic Act No. 7160 or the "Local Government Code of 1991". (Section 4b)
- For government-owned or -controlled corporations and their subsidiaries, the amount shall be charged against their respective corporate funds. (Section 4c)

Other Provisions:

- Separability Clause: If any provision is held invalid or unconstitutional, the remainder of the law shall remain valid and subsisting. (Section 5)
- Repealing Clause: Section 18 of Republic Act No. 7305 is amended or modified accordingly. Any law, presidential decree, executive order, administrative order, rule or regulation contrary to or inconsistent with this Act is repealed, modified or amended accordingly. (Section 6)
- Effectivity: This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. (Section 7)