Practice question
For covered ordinary-day overtime during the statutory night period, is an overtime component automatically a substitute for the separate applicable night differential?
- Yes, all premiums are interchangeable
- No
- Yes, night work eliminates overtime
- Yes, a salary label repeals the night rule
- Yes, only the larger component can ever be payable
Legal references
- Labor Code, Articles 82-93 and implementing Book III, Rule I, Sections 3-7: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Omnibus Rules Implementing the Labor Code, Book III, Rules I-III, hours, meals, night differential and weekly rest: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html
- PAL Employees Savings and Loan Association v. NLRC, G.R. No. 105963, August 22, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/aug1996/gr_105963_1996.html
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