FFW: Mall workers entitled to night differential pay

Shopping mall workers should be paid the applicable night differential rate following the adjustment of mall operating hours, according to the Federation of Free Workers (FFW).

From Oct. 16 until Jan. 15 next year, shopping malls on Edsa would be open from 11 a.m. to 11 p.m. on weekdays in an effort to ease traffic during the holidays.

“If malls adjust shopping hours, mall workers should be paid the applicable night differential rate on top of the overtime pay due them,” said Julius Cainglet, FFW vice president for research, advocacy and partnerships.

“Once an employee continues to work beyond 10 p.m., night shift differential applies,” he added.

Cainglet cited Article 86 of the Labor Code, which defines it as “additional compensation of 10 percent of an employee’s regular wage for each hour of work performed between 10 p.m. and 6 p.m.”

He said that on an ordinary day, employees should be paid 110 percent of their hourly rate for every hour they work beyond 10 p.m. —Tina G. Santos