Question & AnswerQ&A (DOLE ADVISORY NO. 02, S. 2004)
The advisory aims to guide employers and workers in adopting mutually acceptable compressed workweek schemes suitable to the firm's requirements, promoting flexibility, productivity, and ensuring employee health and safety.
Establishments in the construction industry, health services, occupations requiring heavy manual labor, or workplaces with exposure to airborne contaminants, human carcinogens, hazardous substances, chemicals, or noise exceeding safety threshold limits are excluded.
A CWW scheme is an alternative work arrangement where the normal workweek is reduced to less than six days but the total number of normal work hours per week remains 48 hours, with each workday exceeding eight hours without overtime premium, up to a maximum of 12 hours per day.
The objectives include promoting business competitiveness and productivity, improving efficiency by lowering costs, providing flexible work schedules balancing business and employee needs, and ensuring workplace safety and health.
1) Voluntary agreement by a majority of covered employees or their representatives; 2) Certification from an accredited health and safety organization if hazardous exposures exist; and 3) Notification to the relevant DOLE Regional Office using the prescribed CWW Report Form.
Not necessarily. Work beyond eight hours per day up to 12 hours is not compensable by overtime premium if the total weekly hours do not exceed 48. Work beyond 12 hours a day or 48 hours a week requires overtime pay.
Twelve (12) hours per day, provided the total hours in a week do not exceed 48 hours.
Employees are entitled to meal periods of not less than sixty (60) minutes consistent with Article 85 of the Labor Code.
No. Adoption of a CWW scheme shall not diminish existing employee benefits. Reversion to the normal eight-hour workday is not considered diminution of benefits if reasonable prior notice is given.
Disputes should be treated as grievances under the firm's grievance mechanism. If absent or inadequate, the matter is referred to the DOLE Regional Office for a Training and Assistance Visit (TAV) which may include referenda or work environment measurements.
The employer must pay overtime premiums for any hours worked beyond eight hours as if the CWW scheme did not exist. If work beyond eight hours violates safety standards, reversion to a normal eight-hour day is required immediately.
Employers are required to keep and maintain documentary proof of the voluntary agreement and certification that the scheme complies with Occupational Safety and Health Standards (OSHS).
Yes. Firms must post a copy of the DOLE advisory in a conspicuous location in the workplace. The advisory is also published in two newspapers and incorporated into labor education manuals.