Labor Standards and

Social Legislation
By: Vermon Kester A. Malit
2017-0581
 Coverage:

 Normal hours of work

 Compressed work week
 Department Advisory No. 22 Series of 2004
Normal working hours
(Art.83 of Labor Code)

 Art. 83. Normal hours of work. The normal hours of work of any employee shall
not exceed eight (8) hours a day.

 Health personnel in cities and municipalities with a population of at least one

million (1,000,000) or in hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5)
days a week, exclusive of time for meals, except where the exigencies of the
service require that such personnel work for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an additional compensation of at least thirty
percent (30%) of their regular wage for work on the sixth day. For purposes of this
Article, “health personnel” shall include resident physicians, nurses, nutritionists,
dietitians, pharmacists, social workers, laboratory technicians, paramedical
technicians, psychologists, midwives, attendants and all other hospital or clinic
personnel.
Compressed work week

   The normal work week is reduced to less than six (6) days but the total
number of work hours of 48 hours per week shall remain. The normal work
day is increased to more than eight (8) hours but not to exceed twelve (12)
hours, without corresponding overtime premium.  The concept can be
adjusted accordingly depending on the mormal work week of the company
pursuant to the provisions of Department Advisory No. 02, series of 2004,
dated 2 December 2004 of the Department of Labor and Employment
 Reduction of Workdays wherein the normal workdays per week are reduced but should not last
for more than six months.

Rotation of Workers wherein the employees are rotated or alternately provided work within
the workweek.

Forced Leave wherein the employees are required to go on leave for several days or weeks
utilizing their leave credits if there are any.

Broken-time schedule wherein the work schedule is not continuous but the work hours within
the day or week remain.

Flexi-holidays schedule wherein the employees agree to avail the holidays at some other days
provided there is no diminution of existing benefits as a result of such arrangement.
Department Advisory No. 02, series of
2004

This is to guide employers and workers who may opt to adopt a mutually
acceptable compressed work week (CWW) scheme suitable to the requirements
of the firm.
Objective

 To promote business competitiveness and productivity, improve efficiency by

lower operating cost, and reduce work-related expenses of the employees.

 To give employers and workers flexibility in fixing hours of work compatible

with business requirements and the employees need for balanced work life;
and

 To ensure the safety and health of the employees at the workplace at all
times
The following establishments are
exempted:
 Construction industry
 Health services
 Occupants requiring heavy manual labor, or
 Occupations or workplace in which workers are exposed to airborne
contaminants, human carcinogens, substances, chemicals or noise that
exceed threshold limit values or tolerance levels for an 8-hour workday as
prescribed under existing Occupational Safety and Health Standards.
 DOLE shall recognize CWW schemes adopted in accordance of the
following:

 The CWW scheme is undertaken as a result of an express and voluntary agreement of the
majority of the covered employees or their duty authorized representatives. This agreement
may be expressed through CBA or other legitimate workplace mechanisms of participation
such as labor management council, employee assemblies or referenda.

 In firms using substances, airborne contaminants, human carcinogens, substances, chemicals

or noise that may be hazardous to employees must acquire certificate from accredited health
and safety organization or practitioner that work beyond 8hrs is within threshold limits or
tolerable levels of exposure as set in the OSHS.

 The employer shall notify DOLE through the Regional Office having jurisdiction over the
workplace, of the adoption of the CWW scheme. The notice shall be in DOLE CWW Report
Form attached to the DOLE Advisory.
Effects of compliant CWW scheme

 Work beyond 8 hrs will not be compensable by OT premium provided that the
total no. of hrs worked per day shall not exceed 12 hrs. In any case, any work
performed beyond 12 hrs a day or 48 hrs a week shall be subjected to overtime
premium.

 Employees under CWW scheme are entitled to meal periods of not less than 60
mins. Nothing in the CWW shall impair the right of employees to restday as well
as holiday pay or leaves.

 Adoption of CWW scheme shall in no case result in diminution of existing

benefits.