Senator Loren Legarda has filed a measure seeking to double the statutory night shift differential for private-sector employees from the current 10% minimum to 20%.
Senate Bill No. 2585 proposes amending Article 86 of the Labor Code to require employers to pay a differential of at least 20% of an employee’s regular wage for every hour worked between 10 p.m. and 6 a.m. The current 10% rate has remained unchanged since the Labor Code was enacted in 1974.
Legarda noted that the measure aims to help private-sector workers cope with inflation and a rising cost of living, pointing out that Philippine headline inflation reached 7.2% in September 2026.
She also emphasized the documented health burdens and physical toll associated with working against the body’s normal sleep cycle.
“Our economy is no longer 1974, but the legal standard when it comes to the minimum night differential is still from 1974. In the face of inflation, a higher cost of living, and the greater challenges of night work, it is only right to raise the minimum wage for our night workers,” Legarda said.
The proposed legislation safeguards employees already receiving higher rates under collective bargaining agreements, employment contracts, or existing company policies.
Comparing local labor standards internationally and locally, Legarda highlighted that Vietnam mandates an additional 30%, South Korea requires at least 50%, and Japan enforces a 25% premium for late-night work. Additionally, she noted that Republic Act No. 11701, enacted in 2022, already allows qualified government personnel to receive up to 20% in night shift differential pay.
“Sleeplessness, fatigue and the effects of night work on the body do not discriminate whether a worker is a government or private employee,” she reiterated.
“Our goal is simple, if we rely on workers who continue to work while most of us sleep, we must ensure that they receive fair pay increases in recognition of their time and sacrifice. More than fifty years have passed. It is time to adapt the night shift differential to the current times,” Legarda emphasized.