QuestionsQuestions (DOLE ADVISORY NO. 02, S. 2004)
It guides employers and workers who want to adopt a mutually acceptable CWW scheme tailored to business and employee needs. It may be used in all establishments except construction; health services; occupations requiring heavy manual labor; and workplaces/occupations where workers are exposed to airborne contaminants, human carcinogens, substances/chemicals, or noise exceeding OSHS threshold limit values/tolerance levels for an eight-hour day.
To promote competitiveness/productivity and reduce work-related expenses; to provide flexibility in fixing hours while supporting work-life balance; and to ensure employees’ safety and health at all times.
An alternative arrangement where the normal workweek is reduced to less than six days, but the total normal work hours per week remains 48 hours; consequently, the normal workday increases beyond eight hours without the corresponding overtime premium (subject to conditions).
Normal work hours are eight hours a day and the normal workweek is six days (48 hours), without prejudice to firms on a five-day week (40 hours). CWW keeps the weekly normal hours (e.g., 48) while reducing workdays, increasing daily normal hours.
It must be based on (1) an express and voluntary agreement of the majority of covered employees or their authorized representatives via collective bargaining or other legitimate participation mechanisms; (2) if the workplace involves hazardous exposures (airborne contaminants, human carcinogens, chemicals, or noise beyond OSHS limits), certification from an accredited health and safety organization/practitioner or the firm’s safety committee that work beyond eight hours stays within threshold/tolerance levels; and (3) employer notice to DOLE through the proper Regional Office using the DOLE CWW Report Form.
The agreement may be expressed through collective bargaining or other legitimate workplace mechanisms of participation such as labor-management councils, employee assemblies, or referenda.
In establishments/firms using substances, chemicals, or processes, or operating under conditions involving airborne contaminants, human carcinogens, or noise prolonged exposure that may pose hazards to employees’ health and safety—where exposure must be within OSHS threshold limits or tolerance levels for an eight-hour workday.
Notify DOLE through the Regional Office having jurisdiction over the workplace, using the DOLE CWW Report Form attached to the Advisory.
Unless there is a more favorable practice in the firm, overtime premium is not required for work beyond eight hours as long as total hours worked per day do not exceed 12 hours.
Yes. Any work performed beyond 12 hours a day or beyond 48 hours a week is subject to overtime premium.
No. Employees under CWW are entitled to meal periods of not less than 60 minutes, consistent with Article 85 of the Labor Code.
No. Nothing impairs the right to rest days as well as holiday pay, rest day pay, or leaves as provided by law or the applicable CBA/company practice.
Adoption cannot result in diminution of existing benefits. Reversion to the normal eight-hour workday is not considered diminution, provided the employer gives prior notice to employees within a reasonable period, and it is a legitimate exercise of management prerogative.
They should be treated as grievances under the firm’s applicable grievance mechanism. If none exists or is inadequate, the grievance is referred to the Regional Office for a Training and Assistance Visit (TAV) under DOLE Department Order No. 57-04.
To determine, in the most practical and least litigious manner, whether the scheme is supported by a voluntary agreement and/or the required safety and health certification. If appropriate, the TAV may include a referendum or work environment measurement (WEM) to determine actual work conditions.
They must keep and maintain the documentary requirements proving the CWW was voluntarily adopted and the certification showing it is consistent with OSHS.
The employer must pay the affected employees overtime pay that may be owing as if the CWW scheme did not exist. Additionally, if work beyond eight hours turns out not consistent with OSHS, the parties must immediately revert to a normal eight-hour workday.
The Advisory is to be published in two newspapers of general circulation and included in DOLE labor education manuals. Every firm adopting a CWW scheme must ensure a copy of the Advisory is posted in a conspicuous location in the workplace.