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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A manufacturing firm assigns Zara Lim to a fixed night shift from 9:00 PM to 5:00 AM, six days a week. The firm pays a night differential of 12% of her regular wage for all hours of the shift, arguing that RA 10151 sets a minimum of 10% and imposes no upper limit. Which statement is correct under RA 10151?

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The 10% minimum is exclusive and there is a fixed cap of 15% on the differential. The night differential is tax-exempt. The differential applies only to night hours (10:00 PM to 6:00 AM); since Zara's shift includes 9:00–10:00 PM, the 12% differential must be applied only to 10:00 PM–5:00 AM, and paying 12% on all hours is noncompliant. The differential must be paid even if the worker is on leave.

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