Flexible Work Arrangements

Summary

▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and 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

Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek. (Paragraph 1, Part II, DOLE LA 4-10)

2. Purpose

In view of the rapid technological innovations, the continuing streamlining and transformation of the work processes brought about by the globalization phenomena, [DOLE LA 4-10] [was] issued to assist and guide employers and employees in the implementation of various flexible work arrangements. The adoption of flexible work arrangement is being considered 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. (Part I, DOLE LA 4-10)

DOLE DA 4-09 was issued to 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. 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. Anchored on the 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. (Part I, DOLE DA 2-09)

a. 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.)

3. Types of Flexible Work Arrangements

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

1) Compressed workweek

2) Gliding or flexi-time schedule

3) Flexi-holidays schedule

4) Rotation of workdays

5) Rotation of Workers

6) Forced Leave

7) Broken-Time

(Part III, Ibid. and Part III, DOLE DA 2-09)

4. 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. 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.)

6. 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.)

..

References

DOLE Labor Advisory No. 4, Series of 2010

DOLE Department Advisory No. 2, Series of 2009

Related content

Confidentiality or NDA

Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential

man with hand on temple looking at laptop

Serious Misconduct 101

1. Concept Serious misconduct must be grave and aggravated in character. The ground of serious misconduct tends to be the

Table of Contents

Topics

Management Prerogative, Labor Relations

Labor organizations

1. Summary ▪ A labor organization is any union or association of employees which exists in whole or in part

Duty to bargain

Summary ▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain

Transfer of Employees

1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪

Due Process, Post-Employment

Resignation

Summary ▪ Resignation is a voluntary act on the employees wanting to terminate their employment. ▪ Employees are required to

Just Cause Procedure

1. Summary ▪ Just cause procedure refers to the steps or process of implementing due process in relation to termination

Final pay

Summary ▪ Final pay is required to be paid within 30 calendar days from termination or separation from employment. ▪

woman with hands on her face in front of a laptop

Redundancy

Redundancy – refers to “the condition when the services of an employee are in excess of what is reasonably demanded

General Labor Standards, Working Conditions

Flexible Work Arrangements

Summary ▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and

error: Content is protected.