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What is the purpose of a flexible working arrangement?

Photo from Unsplash | Dennis Brekke

 

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 a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is 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.

 


AT A GLANCE

  • Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek.
  • The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.
  • Prior to the implementation of the flexible working arrangements, the employer shall notify the Department through Regional Office which has jurisdiction over the workplace of the adoption of any of the flexible work arraignments.

 

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

What are the flexible work arrangements which may be considered?

The law says:

The following are the flexible work arraignments 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 on the normal workweek of the company pursuant to the provisions of Department Advisory No. 02-series of 2004, dated 2 December 2004.
  2. Gliding or Flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free to determine their arrival and departure time.
  3. Flexi-holidays schedule refers to one where the employers agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement. (A(III), Department of Labor and Employment, Department Advisory No. 4, 2010)
  4. Reduction of Workdays refers to one where the normal workdays per week are deduced but should not last for more than six months.
  5. Rotation of Workers refers to one where the employees are rotated or alternatively provided work within the workweek.
  6. 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.
  7. Broken time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain. (III, Department of Labor and Employment, Department Advisory No. 2, series of 2009)

 

What is the purpose of flexible work arrangement?

The law says:

This Advisory is being issued to assist and 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 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. (I, DOLE, D.O. No. 2, series of 2009)

 

Prior to the implementation of the flexible working arrangements, the employer shall notify the Department through Regional Office which has jurisdiction over the workplace of the adoption of any of the flexible work arraignments.

The law says:

Prior to its implementation, the employer shall notify the Department through the Regional Office which has jurisdiction over the workplace of the adoption of any of the above flexible work arrangements. This notice shall be in the Report Form attached to this Advisory. The Regional Office shall conduct an ocular visit to validate whether the adoption of the flexible work arrangements is in accordance with this issuance. (V, DOLE, D.O. No. 2, series of 2009)

 

Related article: Telecommuting as An Alternative Work Arrangement


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

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