The Department of Labor and Employment (DOLE) issued the Labor Advisory No. 9, series of 2020 entitled “Guideline on the Implementation of Flexible Work Arrangements as Remedial Measure Due to the Ongoing Outbreak of Corona Virus Disease 2019 (COVID-19).
Content of Labor Advisory No. 9, Series of 2020
In view of ongoing outbreak of COVID-19 worldwide and its impact on the country’s business and economy, this Advisory is being used to assist and guide employers and employees in the implementation of various flexible work arrangements as alternative coping mechanism and remedial measures. The adoption of flexible work arrangements is considered as better alternatives than outright termination of the services of the employees or the total closure of the establishments.
The Department recognizes the desirability and practicality of flexible work arrangements that may be considered by employers after consultation with the employees, taking into account the adverse consequences of the situation on the financial viability of the company.
Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays and workweek.
The effectivity and implementation of any flexible work arrangements shall be temporary in nature, subject to the prevailing conditions of the company.
III. Flexible Work Arrangements
The following are the flexible work arrangements which may be considered, among others:
- Reduction of Workhours and/or Workdays refers to one where the normal workhours or workdays per week ahead are reduced.
- Rotation of Workers refers to one where employees are rotated or alternately provided work within the week.
- Forced Leave refers to one where the employees are required to go on leave for several days or weeks utilizing leave credits, if there are any.
The employers and the employees are encouraged to explore other alternative work arrangements in order to cushion and mitigate the effect of the loss of income of employees.
The employer and the employees who have adopted the flexible work arrangements shall be primarily responsible for its administration. In case of difference of interpretation, the following guidelines shall be observed:
- The differences shall be treated as grievances under the applicable grievance mechanism of the company.
- If there is no grievance mechanism or if this mechanism is inadequate, the grievance shall be referred to the Regional Office which has jurisdiction over the workplace for appropriate conciliation.
- To facilitate the resolution of grievances, employers are required to keep and maintain, as part of their records, the documentary requirements proving that the flexible work arrangement is adopted.
V. Posting and Notice
Establishments implementing the flexible work arrangements provided herein shall post a copy of this Advisory in a conspicuous location in the workplace.
The employer shall notify the Department through the Regional/ Provincial/ Field Office which has jurisdiction over the workplace of the adoption of any of the above flexible work arrangements. The notice shall be in Report Form attached to this Advisory.
VI. Monitoring and Enforcement
Regional/ Provincial/ Field Office which has jurisdiction over the workplace shall monitor and verify the proper implementation of this issuance.
SILVESTRE H. BELLO III, DOLE Secretary