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5. Agreement Reducing or Increasing

Can an employer and an employee enter into an agreement reducing or increasing the minimum percentage provided for night differential pay, overtime pay, and premium pay? 5%

2 comments:

Anonymous said...

V.

The employer and the employee can enter into an agreement increasing the minimum percentage provided for night differential pay, overtime pay, and premium pay. There is no law prohibiting such agreement and, in fact, this is encouraged as this promotes the welfare of the workers.

An agreement reducing the same, however, is not valid. The law already provides for the minimum terms and conditions of employment. These minimum terms and conditions cannot be reduced anymore as the rights of workers must be protected.

Anonymous said...

The employer and the employee may enter into agreement increasing the percentage on night differntials, overtime pay and premium pay, the law does not provide prohibition on this matter and it is favorable to the workers or employee.However, they cannot enter into an agreement reducing the percentage on night differentials, overtime pay and premium pay because it is contrary to the provisions of the labor code.