Gerard Franco Q.

Posadas

ADVISORY NO. 2 (SERIES OF 2009)
Flexible Work Arrangements


AIDE MMOIRE

CONCEPT AND DEFINITION

Flexible Work Arrangements refer to alternative arrangements or
schedules other than the traditional or standard work hours, workdays
and workweek.

These arrangements are remedial measures undertaken by the
employer, upon consultation with its employees, to cope with its
business in times of economic instability or national emergencies.

As such, the effectivity and implementation of any flexible work
arrangements shall only be temporary in nature.

KINDS OF FLEXIBLE WORK ARRANGEMENTS

1. Compressed Workweek Scheme or CWW scheme. An alternative
agreement where, the 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
more than 12 hours, without incurring overtime premium. (Ex. Monday
to Thursday, from 8 a.m. to 9 p.m., or a total of 12 hours a day for 48
hours a week.)

2. Reduction of work days. The employees may be required only to
work for a few days each week, for a period not exceeding 6 months.
(Ex. 8 working hours from Monday to Thursday, for a period of 5 months
to reduce production costs)

3. Rotation of workers. The employees are rotated or allowed to work
alternately within the workweek. (Ex. Employee A works from Monday
to Wednesday, and Employee B works from Thursday to Saturday.)

4. Forced leave. The employees may be required to go on leave for
several days or weeks using their leave credits if there are any. (Ex.
Employee A is required to go on leave for 3 weeks using his leave
credits.)

5. Broken-time schedule. The work schedule is not continuous but the
total work hours within the week remain the same.

6. Flexi-holidays schedule. The employees agree to avail of the
holidays at some other days as long as this does not result in a
diminution of benefits. (Ex. Availing of Holidays during a weekend
rather than a holiday in the middle of the week to prevent disruption
of work)

7. Gliding or Flexi-time schedule. The employees are free to determine
their arrival or departure time but must complete the required number
of work hours in the establishment. (DOLE Advisory No. 4 Series of 2010)

GUIDELINES FOR THE IMPLEMENTATION OF
FLEXIBLE WORKING ARRANGEMENTS

These agreements shall be based on the voluntary agreements of
the employers and employees and in no case shall result to diminution
of benefits. (DOLE Advisory No. 4 Series of 2010)

What is the purpose of a Flexible
Work Arrangement?

On account of economic
difficulties or in case of a national
emergency, the adoption of a
flexible work arrangement is a
more acceptable and humane
solution rather than retrenchment
of employees to prevent the total
closure of the establishment. Its
primary purpose is to reduce
business cost, at the same time, to
help save the jobs of workers.

What are the kinds of Flexible
Work Arrangements?

Flexible Work Arrangements
Include:

1. Compressed Workweeks
2. Reduction of Work days
3. Rotation of Workers
4. Forced Leaves
5. Broken-time Schedules
6. Flexi-holidays Schedules

(Note: The employer and
employees may enter into similar
alternative schemes under any
agreement or company policy or
practice in order to mitigate the loss
of income of the workers.)

How shall Flexible Working
Arrangements be administered?

The administration of Flexible
Working Arrangements shall be
burdened upon the parties
thereto (Both the employer and
employees, or the parties primarily
liable for its administration.) In
case of differences in
interpretation, the same shall be
resolved under grievance
mechanisms provided by the
company, otherwise, it shall be
referred to the DOLE Regional
Office for conciliation.

Note: Employers are required to
keep and maintain records/
documentary evidences which
prove that such Flexible Working
Arrangement was voluntarily
agreed upon.

The same notice requirement
provided for under DOLE Advisory
No. 2 (Series of 2004) shall be
applicable in cases of Flexible
Working Arrangements.

SOURCE:

DOLE Advisory no. 2 (Series
of 2009)
DOLE Advisory no. 4 (Series
of 2010)