BASIS OF “NO WORK, NO PAY” AND COMPRESSED WORK WEEK

I. NO WORK, NO PAY

“The age-old rule governing the relation between labor and capital, or
management and employee of a “fair day’s wage for a fair day’s labor”
remains as the basic factor in determining employees’ wages.
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If there is no work performed by the employee there can be no wage or pay
unless, of course, the laborer was able, willing and ready to work but was
illegally locked out, suspended, dismissed, or otherwise illegally prevented
from working.
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It would neither be fair nor just to allow (the complainants) to recover
something they have not earned and could not have earned because they did
not render services at the (Kalibo) office during the stated period.” 1

- This is still the prevailing rule until today. There is no jurisprudence or

regulation that states otherwise.

II. COMPRESSED WORK WEEK

“Compressed Workweek refers to one where the normal workweek is

reduced to less than six (6) days but the total number of work hours of 48
hours per week shall remain. The normal workday is increased to more than
8 hours but not to exceed 12 hours, without corresponding overtime
premium.”2

“The compressed workweek is not mandated, but we have existing

guidelines on this. Its effectivity and implementation should be voluntary.
We do not force them to implement the work scheme, because this is part of
management prerogative. Both parties have the autonomy to reach an
agreement as long as it does not violate our labor laws.”3

1
Aklan Electric Cooperative Incorporated v. NLRC, Retiso, G.R. No. 121439, 25 January 2000, Republic of the Philippines v.
Pacheco, G.R. No. 178021, 25 January 2012, cited in Protective Maximum Security Agency, Inc. v. Fuenter, G.R. No. 169303,
11 February 2015
2
DOLE Department Advisory No.4 Series of 2010.
3
Labor Secretary Silvestre Bello III, News Release DOLE 3 December 2019.
 - The suggested 3 to 4 workdays per week with 10 to 12 hours work per day
is fine as long the total of 48 hours per week is complied with. All hours
worked exceeding 12 hours will entitle the laborer overtime premium. To
ensure that both agree to the work scheme, we suggest having a written
agreement between the employer and the employees, thus, we have proof
of voluntariness.
- In a webinar conducted by DOLE Bureau of Working Conditions, the
government has acknowledged the effect of the pandemic to both the
employers and employees, hence, encourages employers to use Flexible
Working Arrangement (FWA) which includes Compressed Workweek. 4
- In order to comply with the FWA, employers should report the FWA
scheme through submission of RKS Form 5 of 2020 to the appropriate
DOLE Provincial/Field office which has jurisdiction over the workplace. 5

4
https://www.facebook.com/watch/live/?v=229171145092597&ref=watch_permalink
5
https://www.dole.gov.ph/news/labor-advisory-no-17-a-series-of-2020-establishment-report-form/