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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
- Part III, paragraph 5 of DOLE Department Advisory No. 02, Series of 2009 defines broken-time schedule as “one where the work schedule is not continuous but the work-hours within the day or week remain.”
The State acknowledges the pressing need for some employers to come up with ways to prevent serious business losses, and to aid employees to maintain their livelihood and source of income. As such, the Department of Labor and Employment encourages the use of Flexible Working Arrangements (FWA). Among the forms of FWA is the adoption of a broken-time schedule.
Broken-time schedule refers to an alternative working arrangement where the work schedule is not continuous but the work-hours within the day or week remain.
The law says:
“Broken-time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain.” (Part III, paragraph 5 of DOLE Department Advisory No. 02, Series of 2009)
For instance:
Employee A’s work schedule is as follows:
8:00 A.M. to 11:00 A.M. and 3:00 P.M. to 8:00 P.M.
Under this arrangement, from 11:00 A.M to 3:00P.M., Employee A has control over the use of his time. During the said period (11:00 A.M to 3:00P.M.), it is not required that Employee A stays inside his work premises.
Such period where Employee A is not suffered or permitted to work is NOT compensable hours. If he is given work during the said period, then such time that he worked shall be compensated.
Jurisprudence says:
“It will be noted that, under the law, the idle time that an employee may spend for resting and during which he may leave the spot or place of work though not the premises of his employer, is not counted as working time only where the work is broken or is not continuous.” (National Development Company v. Court of Industrial Relations, G.R. No. L-15422, November 30, 1962)
Effect of broken-time schedule to the employee’s compensation
Unless there is a more favorable company policy or provision under the Collective Bargaining Agreement, the general rule of “No work, no pay” shall apply. This means that only such time that the employee is suffered or permitted to work is compensable.
Jurisprudence says:
“The age-old rule governing the relation between labor and capital or management and employee is that a “fair day’s wage for a fair day’s labor.” If there is no work performed by the employee there can be no wage or pay, unless of course, the laborer was able, willing and ready to work but was illegally locked out, dismissed or suspended. It is hardly fair or just for an employee or laborer to fight or litigate against his employer on the employer’s time.” (J.P. Heilbronn Co. v. National Labor Union, G.R. No. L-5121, January 30, 1953)
The principle on non-diminution of benefits likewise applies in the adoption of broken-time schedule as a form of flexible work arrangement.
Jurisprudence says:
“Generally, employees have a vested right over existing benefits voluntarily granted to them by their employer. Thus, any benefit and supplement being enjoyed by the employees cannot be reduced, diminished, discontinued or eliminated by the employer. The principle of non-diminution of benefits is actually founded on the Constitutional mandate to protect the rights of workers, to promote their welfare, and to afford them full protection.” (Ricardo Vergara v. Coca-Cola Bottlers Philippines, Inc., G.R. No. 176985, April 01, 2013)
Role of employer engaging in flexible work arrangement such as broken-time schedule
The Department of Labor and Employment (DOLE) encourages employers to explore alternative schemes under any agreement or company policy or practice “in order to cushion and mitigates the effect of the loss of income of the employees” (Part III, DOLE D.A. No. 02-09) taking into account the adverse consequence of the situation on the performance and financial condition of the company.
The employer shall notify the Department of Labor and Employment (DOLE) of the adoption of such flexible work arrangement.
The law says:
“V. Notice Requirement – 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.”
The Regional Office of the DOLE shall conduct an ocular visit to validate whether the adoption of the flexible work arrangements is in accordance the aforementioned DOLE Advisory.
Related article: Flexible Work Arrangements
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