FLEXIBLE WORK ARRANGEMENTS

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Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read also: Preserving the Employment of Workers during the COVID-19 Pandemic

Flexible work arrangements may be adopted as one of the coping mechanisms and remedial measures in times of economic difficulties and national emergencies. Adoption of flexible work arrangements is considered as a better alternative than the outright termination of the services of the employees or the total closure of the establishment (Dept. Advisory No. 02-09). Further, it may also be adopted in order 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 (Department Advisory 04 Series of 2010).

A flexible work arrangement is anchored on voluntary basis and conditions mutually acceptable to both the employer and the employees. It is recognized as beneficial in terms of reduction of business costs and helps in saving jobs while maintaining competitiveness and productivity in industries.

What are Flexible work arrangements?

Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard work hours, workdays and workweek. The effectivity and implementation of any of the flexible work arrangements shall be based on voluntary agreements between the employer and employees. The adoption of flexible work arrangements however shall in no case result in diminution of existing benefits of the employees.

The following are the flexible work arrangements which may be considered, among others:

1. Compressed Workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work-hours of 48 hours per week shall remain. The normal workday is increased to more than eight hours but not to exceed twelve hours, without corresponding overtime premium. The concept can be adjusted accordingly depending workweek of the company pursuant to the provisions of Department Advisory No. 02, series of 2004, dated 2 December 2004.
2. Reduction of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months.
3. Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek.
4. Forced Leave refers to one where the employees are required to go on leave for several days or weeks utilizing their leave credits if there are any.
5. Broken-time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain.
6. Flexi-holidays schedule refers to one where 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 (Dept. Advisory No. 02-09).
7. Gliding or Flexi-time schedule refers to one where the employees are required to complete the core workouts in the establishment but are free to determine their arrival and departure time (Department Advisory 04 Series of 2010).

ADMINISTRATION OF FLEXIBLE WORK ARRANGEMENTS

The parties to the flexible work schemes shall be primarily responsible for its administration. In case of differences of interpretation, the following guidelines shall be observed:

1. The differences shall be treated as grievances under the applicable grievance mechanism of the company.
2. If there is no grievance mechanism or if this mechanism is inadequate, the grievance shall be referred to the Regional Office which has jurisdiction over the workplace for appropriate conciliation.
3. To facilitate the resolution of grievances, employers are required to keep and maintain, as part of their records the documentary requirements proving that the flexible work arrangement was voluntarily adopted.

 Notice Requirement

Establishments implementing the flexible work arrangements shall post a copy of the Labor Advisory No. 09 series of 2020 in a conspicuous location in the workplace (Labor Advisory No. 09 series of 2020). Prior to its implementation, the employer shall notify the DOLE through the Regional Office which has jurisdiction over the workplace of the adoption of any of the flexible work arrangements adopted. The Regional Office may conduct an ocular visit to validate whether the adoption of the flexible work arrangements is in accordance with the rules.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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