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0 tracked cards Labor and Social Legislation

A manufacturing firm engages Nina Reyes as a packaging operator with a split schedule: 4:00 PM to 7:00 PM (day shift) and 9:00 PM to 3:00 AM (night shift), six days a week. The company pays a night differential of 12% of her regular wage for all hours of her scheduled shift, contending that RA 10151 fixes a minimum of 10% and imposes no upper limit. Which of the following statements is correct under RA 10151?

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Nina Reyes is a night worker; under RA 10151, night differential applies only to the night hours (9:00 PM to 3:00 AM) of her schedule; the 12% should be applied only to the night hours, while the 4:00 PM to 7:00 PM daytime hours receive no night differential. There is a statutory cap of 15% on night differential; a 12% rate is therefore allowable and compliant. Nina Reyes is not a night worker because part of her shift is daytime; RA 10151 covers only workers whose entire shift is at night and does not apply to her. Night differential applies to all hours of the shift, including daytime hours.

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