NIGHT SHIFT DIFFERENTIALS

Included in a complaint for illegal dismissal is a claim for night shift differentials. The employer
did not deny that the complainant rendered night shift work. The labor arbiter dismissed the
claim for night shift differentials because the complainant allegedly failed to substantiate his
claim for night shift differentials. Is the ruling correct?

A. No, the ruling is erroneous. The fact that the complainant neglected to substantiate his claim
for night shift differentials is not prejudicial to his cause. The burden of proving payment rests
on the employer. THE WORKERS CLAIM OF NON-PAYMENT OF THIS BENEFIT IS A
NEGATIVE ALLEGATION WHICH NEED NOT BE SUPPORTED BY EVIDENCE. The worker
cannot adequately prove the fact of non-payment of the night shift differentials since the
pertinent employee files, payrolls, records, and other similar documents are not in his
possession but in the custody and absolute control of petitioner. By choosing not to fully and
completely disclose information to prove that it had paid all the nights shift differentials due the
worker, the employer failed to discharge the burden of proof. (National Semiconductor
Distribution, Ltd. V. NLRC, 291 SCRA 348, June 26, 1998)