memory aid labor law

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DOLE Department Advisory No. 4 Series of 2010 Purpose: To assist and guide employers and employees in the implementation of various flexible work arrangements and the exemption from the nigwork prohibition for women employees under Article 30 of the Labor Code. Flexible Work Arrangement -an alternative arrangements or schedules other than the traditional or standard work hours, workdays, and workweek. Its purpose is to improve business competitiveness and productivity and give employers and employees flexibility in fixing hours of work compatible with business requirements and the employees’ need for balanced work life. a. Compressed Workweek - an alternative arrangement whereby the normal workweek is reduced to less than 6 days but the total number of normal work hours per week shall remain at 48 hours. The normal workday is increased to more than 8 hours without corresponding overtime premium. This concept can be adjusted accordingly in cases where the normal workweek of the firm is 5 days. b. Gliding or Flexi-time schedule -the employees are required to the core work hours in the establishment but are free to determine their arrival and departure. c. Flexi-holidays schedule - the employees agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement. Administration: a. The difference shall be treated as grievances under the applicable grievance mechanism of the company. b. For appropriate conciliation if there is no grievance mechanism, the grievance shall be referred to the Regional Office which has jurisdiction over the workplace. c. To facilitate the resolution of grievances, employers must keep and maintain the documentary requirements proving that the arrangement was voluntarily adopted. -to assist and guide employers and employees in the implementation of various flexible work arrangements and the exemption from the night work prohibition for women employees. Exemption from Nightwork Prohibition for women employees under the Labor Code: Below 18 years of age Employers are required to provide safe and healthful working conditions, and adequate facilities in the establishment such us sleeping or resting quarters. Pregnant women and nursing mothers must secure a certificate that they are fit to render night work and specify the period of pregnancy that they can safely work.

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Page 1: Memory Aid Labor Law

DOLE

Department Advisory No. 4

Series of 2010

Purpose: To assist and guide employers and employees in the implementation of various flexible work

arrangements and the exemption from the nigwork prohibition for women employees under Article 30

of the Labor Code.

Flexible Work Arrangement -an alternative arrangements or schedules other than the traditional or

standard work hours, workdays, and workweek. Its purpose is to improve business competitiveness

and productivity and give employers and employees flexibility in fixing hours of work compatible with

business requirements and the employees’ need for balanced work life.

a. Compressed Workweek - an alternative arrangement whereby the normal workweek is

reduced to less than 6 days but the total number of normal work hours per week shall remain at 48

hours. The normal workday is increased to more than 8 hours without corresponding overtime premium.

This concept can be adjusted accordingly in cases where the normal workweek of the firm is 5 days.

b. Gliding or Flexi-time schedule -the employees are required to the core work hours in the

establishment but are free to determine their arrival and departure.

c. Flexi-holidays schedule - the employees agree to avail the holidays at some other days

provided there is no diminution of existing benefits as a result of such arrangement.

Administration:

a. The difference shall be treated as grievances under the applicable grievance mechanism of

the company.

b. For appropriate conciliation if there is no grievance mechanism, the grievance shall be referred

to the Regional Office which has jurisdiction over the workplace.

c. To facilitate the resolution of grievances, employers must keep and maintain the documentary

requirements proving that the arrangement was voluntarily adopted. -to assist and guide employers

and employees in the implementation of various flexible work arrangements and the exemption from

the night work prohibition for women employees.

Exemption from Nightwork Prohibition for women employees under the Labor Code:

Below 18 years of age

Employers are required to provide safe and healthful working conditions, and adequate facilities in the

establishment such us sleeping or resting quarters.

Pregnant women and nursing mothers must secure a certificate that they are fit to render night work

and specify the period of pregnancy that they can safely work.

Page 2: Memory Aid Labor Law

DOLE

Department Advisory No. 2 Series of 2009

Purpose: To assist and guide employers and employees in the implementation of various flexible work

arrangements as one of the coping mechanisms and remedial measures in times of economic

difficulties and national emergencies.

Flexible Work Arrangement is considered better than the outright termination of the services of the

employees or total closure of the establishment. An alternative arrangements or schedules other than

the traditional or standard work hours, workdays, and workweek. It is beneficial in terms of reduction of

business costs. It helps in saving jobs while maintaining competitiveness and productivity in industries.

a. Compressed workweek - an alternative arrangement whereby the normal workweek is

reduced to less than 6 days but the total number of normal work hours per week shall remain at 48

hours. The normal workday is increased to more than 8 hours without corresponding overtime premium.

This concept can be adjusted accordingly in cases where the normal workweek of the firm is 5 days.

b. Reduction of Work days - the normal work days per week are reduced but should not last

for more than 6 months.

c. Rotation of Workers - employees are rotated or alternately provided work within the

workweek.

d. Forced Leave - the employees are required to go on leave for several days or weeks utilizing

their leave credits if there are any.

e. Broken-time schedule - the work schedule is not continuous but the work-hours within the

day or week remain.

f. Flexi-holidays schedule - the employees agree to avail the holidays at some other days

provided there is no diminution of existing benefits as a result of such arrangement.

Administration of Flexible Work Arrangement

a. The difference shall be treated as grievances under the applicable grievance mechanism of

the company.

b. For appropriate conciliation if there is no grievance mechanism, the grievance shall be

referred to the Regional Office which has jurisdiction over the workplace.

c. To facilitate the resolution of grievances, employers must keep and maintain the documentary

requirements proving that the arrangement was voluntarily adopted.

Page 3: Memory Aid Labor Law

DOLE

Department Advisory No.02 Series of 2004

IMPLEMENTATION OF COMPRESSED WORKWEEK SCHEMES

Purpose: To guide employers and workers who may opt to adopt a mutually acceptable compressed

work week scheme suitable to the requirements of the firm.

Not applicable in the construction industry, in health services, in occupations requiring heavy manual

labor, or for those workplace or occupations exposed to airborne contaminants, human carcinogens,

substances, chemicals or noise that exceed exceed threshold limit values or tolerance levels for an

eight-hour workday.

Policy:

To promote business competitiveness, productivity, and efficiency.

To give employers and workers flexiblity in fixing hours of work compatible with business

requirements and the employees’ need for balanced work life

To ensure safety and health of employees at the workplace at all time.

Normal Work Hours- Labor Code provides that the normal work hours per day shall be eight hours.

Compressed Workweek- normal workweek is reduced to less than 6 days but the total number of

work‐hours of 48 hours per week shall remain. The normal workday is increased to more than 8 hours

but not exceeding 12 hours, without corresponding overtime premium. The concept can be adjusted

accordingly depending on the normal workweek of the company.

NB: There must be an express and voluntary agreement of the majority of the employees. - In firms

where there is a high risk for the employees’ health and safety, a certification that work beyond 8 hours

is within threshold limits.

The DOLE, through the regional office having jurisdiction, should be notified of the adoption of the

CWW scheme.