Cases: Night Shift Differential Pay

The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay?

Lepanto Consolidated Mining Company v. Lepanto Local Staff Union

G.R. No. 161713, 20 August 20098

On 28 November 1998, [the employer] and [the complainant-employee] entered into their fourth Collective Bargaining Agreement (4th CBA) for the period from 1 July 1998 to 30 June 2000. The 4th CBA provides:

ARTICLE VIII - NIGHT SHIFT DIFFERENTIAL

Section 3. Night Differential pay. - The Company shall continue to pay nightshift differential for work during the first and third shifts to all covered employees within the bargaining unit as follows:

For the First Shift (11:00 p.m. to 7:00 a.m.), the differential pay will be 20% of the basic rate. For the Third Shift (3:00 p.m. to 11:00 p.m.), the differential pay will be 15% of the basic rate.

However, for overtime work, which extends beyond the regular day shift (7:00 a.m. to 3:00 p.m.), there [will] be no night differential pay added before the overtime pay is calculated.

ARTICLE XII - RIGHTS, PRIVILEGES AND OTHER BENEFITS

Section 9. Longevity pay - The company shall grant longevity pay of P30.00 per month effective July 1, 1998 and every year thereafter

On 23 April 2000, [the employee] filed a complaint with the National Conciliation and Mediation Board, Cordillera Administrative Region (NCMB-CAR) alleging that [the employer] failed to pay the night shift differential and long...