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?
- Above-minimum wages automatically remove Article 86 coverage.
- Only overtime hours can receive a night differential.
- Every employee paid above minimum is a manager.
- The stated above-minimum wage alone does not defeat the covered employee's night-differential entitlement.
- 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.
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