Philippine Bar review · Question

Practice question: Night Shift Differential

Multiple Choice Hard

Practice question

A covered private-sector employee earns more than the minimum wage and works compensable hours from 11 p.m. to 5 a.m. The employer denies every night differential solely because the employee is not a minimum-wage earner. No exemption or already-paid night premium applies. Which answer is correct?
  1. Above-minimum wages automatically remove Article 86 coverage.
  2. Only overtime hours can receive a night differential.
  3. Every employee paid above minimum is a manager.
  4. The stated above-minimum wage alone does not defeat the covered employee's night-differential entitlement.
  5. The night window is determined entirely by the employer's preference.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 86; covered private-sector employee.

Answer this question in flashcards to review your response and continue practicing.