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:
2) Gliding or flexi-time schedule
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.)
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