Compressed Workweek

Summary

▪ 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.

▪ A workday should not exceed 12 hours in a compressed workweek.

▪ The effectivity and implementation of any of the flexible work arrangements shall be based on voluntary agreements between the employer and the employees.

▪ The adoption of the flexible work arrangements provided herein shall in no case result in diminution of existing benefits of the employees.

▪ The employer shall notify DOLE of the adoption of any of the above flexible work arrangements.

1. Concept

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.”  (Paragraph 1, Part III, DOLE LA 4-10)

a. 12-hour limit

“The normal work day is increased to more than eight hours but not to exceed twelve hours, without corresponding overtime premium. The concept can be adjusted accordingly depending on the normal workweek of the company pursuant to the provisions of [DOLE DA 2-04].”

b. Voluntary Agreement

“The effectivity and implementation of any of the flexible work arrangements shall be based on voluntary agreements between the employer and the employees.” (Paragraph 2, Part II, Ibid.)

2. Non-diminution of benefits

“The adoption of the flexible work arrangements provided herein shall in no case result in diminution of existing benefits of the employees.” (Paragraph 3, Part II, Ibid.)

3. Administration

“The parties to the flexible work arrangements shall be primarily responsible for its administration.” (Paragraph 1, Part IV, DOLE LA 4-10)

“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 of 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.” (Ibid.)

5. Notice to DOLE

“The employer shall notify the [DOLE] through the Regional Office which has jurisdiction over the workplace, copy furnished the Bureau of Working Conditions, of the adoption of any of the above flexible work arrangements…” (Part V, Ibid.)

“Prior to its implementation, the employer shall notify [DOLE] through the Regional Office which has jurisdiction over the workplace, of the adoption of any of the above flexible work arrangements. The notice shall be in the [prescribed DOLE] Report Form.” (Part V, DOLE DA 2-04).

Download: DOLE Compressed Workweek Report Form

For more information, see Flexible Work Arrangements.

..

References

DOLE Labor Advisory No. 4, Series of 2010

DOLE Department Advisory No. 2, Series of 2009

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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