Forced Leave

Summary

▪ Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their leave credits if there are any.

▪ The employer shall notify DOLE of the adoption of such flexible work arrangement.

1. Concept

Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their leave credits if there are any. (Paragraph 1[4], Part III, DOLE DA 2-09)

2. Administration

The parties to the flexible work arrangements shall be primarily responsible for its administration. (Paragraph 1, Part IV, Ibid.)

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.)

3. 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.)

For more information, see Flexible Work Arrangements.

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References

DOLE Department Advisory No. 2, Series of 2009

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