Re: COMPRESSED WORK WEEKs applicability to

Health Care Institutions / Nurses

THERE APPEARS NO SPECIFIC PROVISION OF LAW OR RULE THAT

SUGGESTS A COMPRESSED WORK WEEK FOR HEALTH CARE
WORKERS / NURSES. NEITHER IS THERE ANY PROHIBITION
THERETO.

AN ADVISORY FROM THE DOLE, OR A REPORT TO THE DOLE FOR

THE IMPLEMENTATION OF THE COMPRESSED WORK WEEK &
COMPLIANCE WITH THE CONDITIONS SET FORTH IN THE RULES
WOULD GUARANTEE PROPER IMPLEMENTATION.

BASED ON THE DOLE PERSONNEL (FROM DOLE HOTLINE):

Its implementation must be based on a DOLE Advisory.

There must be a declared national emergency in a specific industry that
would require the Compressed Work Week (CWW) scheme.
It must be for a maximum period of 6 months.
Any implementation of CWW without the advisory of DOLE would be
against the rules.
Example of a Compressed Work Week Scheme approved by DOLE

BASED ON DEPARTMENT ORDER NO. 02 SERIES OF 2004:

As a matter of policy, and taking into account the emergence of new technology and the
continuing restructuring and modernization of the work process, the DOLE encourages
employers and workers to enter into voluntary agreements adopting CWW schemes
based on the following objectives:

1. To promote business competitiveness and productivity, improve efficiency by lower

operating costs, and reduce work-related expenses of employees;
2. To give employers and workers flexibility in fixing hours of work compatible with
business requirements and the employees need for a balanced work life; and
3. To ensure the safety and health of employees at the workplace at all times.

Conditions: DOLE shall recognize CWW schemes adopted in accordance with the
following:

1. The CWW scheme is undertaken as a result of an express and voluntary

agreement of majority of the covered employees or their duly authorized
 representatives. This agreement may be expressed through collective bargaining or
other legitimate workplace mechanisms of participation such as labor management
councils, employee assemblies or referenda.
2. In firms using substances, chemicals and processes or operating under conditions
where there are airborne contaminants, human carcinogens or noise prolonged
exposure to which may pose hazards to the employees health and safety, there must be
a certification from an accredited health and safety organization or practitioner or
from the firms safety committee that work beyond eight (8) hours is within threshold
limits or tolerable levels of exposure, as set in the OSHS.
3. The employer shall notify the DOLE, through its Regional Office having jurisdiction
over the workplace, of the adoption of the CWW scheme. The notice should be made in
the DOLE CWW Report Form.

BASED ON THE MANUAL ON LABOR STANDARDS:

In the adoption of the compressed workweek, the following concurring conditions should
be met:

1. The employees voluntarily agree to work more than eight (8) hours a day the total
in a week of which shall not exceed their normal weekly hours of work, prior to
adoption of the compressed workweek arrangements.

2. There will not be any diminution whatsoever in the weekly or monthly take-home
pay and fringe benefits of the employee.

3. If an employee is permitted or required to work in excess of his normal weekly

hours of work prior to the adoption of the compressed workweek scheme, all such
excess hours shall be considered overtime work and shall be compensated in
accordance with the provisions of the Labor Code or applicable Collective
Bargaining Agreement (CBA).

4. Appropriate waivers with respect to overtime premium pay for work performed in
excess of eight (8) hours a day may be devised by the parties to the agreement.

5. The effectivity and implementation of the new working time arrangement shall be
by agreement of the parties.