DOLE: Compressed workweek must comply with labor laws
THE Department of Labor and Employment (DOLE) has reminded employers that the implementation of flexible work schemes must comply with existing labor laws.
“We encourage these arrangements, but they should be discussed by workers and employers and voluntarily entered into based on mutual agreement,” DOLE Assistant Secretary Lennard Constantine Serrano said in a Philstar report.
Serrano noted that guidelines for such setups are not new. The official cited a DOLE advisory issued as early as 2004 which formally recognized the compressed workweek, including the specific four-day work setup.
Additional advisories followed back in 2009 and 2010.
Meanwhile, work-from-home and other alternative setups are governed by the Telecommuting Act of 2018, later strengthened by DOLE Department Order 237 in year 2022.
Under a compressed work week, the standard 40-hours schedule may be condensed into four 10-hour days with eight to 10 hours to be extended daily.
However, Serrano stressed that longer work hours must not compromise the health and safety of employees. Further, agreements between employees and employers must be reported to DOLE to ensure the department can monitor strict compliance with Labor Code standards of the Philippines.
According to the official, DOLE actively monitors the implementation to ensure they follow the Labor Code and protect workers' wages and benefits.
Serrano added that there should be "non-diminution of benefits" as it is clearly indicated in their guidelines, which meant that employees must receive the same salary and benefits as they would in their usual pay in a normal work days.
He emphasized that telecommuting or hybrid workers, including those working from home or reporting physically, should be treated equally.
“There should be no discrimination as to who can participate in the telecommuting program. Workers should receive fair treatment – the same work performed should have the same wages and benefits,” Serrano said.(Rocelle S. Caparro, BiPSU Comm Intern)