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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A private hospital employs Ana Cruz as a nurse on a fixed night shift from 7:00 PM to 3:00 AM, six days a week. The hospital pays Ana a night differential of 12% of her regular wage for all hours of the shift, arguing that RA 10151 fixes a minimum of 10% and imposes no upper limit. Which of the following statements is correct under RA 10151?

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RA 10151 fixes a minimum night differential of 10% for all hours within the night period (6:00 PM to 6:00 AM) and imposes no upper limit; since Ana's shift (7:00 PM to 3:00 AM) falls entirely within that window, paying 12% for all hours of the shift is permissible. RA 10151 fixes the night differential at exactly 10% and prohibits any higher rate; paying 12% would violate the law. Night differential is included in the regular wage and reduces the overtime premium; paying 12% for the entire shift would double-count the differential. RA 10151 is applicable only to non-agricultural private sector workers; hospital nurses fall outside its coverage.

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