Labor standards |
DOLE ADVISORY No. 02 series of 2004 |
Memory Aid |
Implementation of Compressed Workweek Schemes
I. Purpose and Coverage
Coverage: Those who choose to opt to adopt a Compressed Work Week (CWW) Scheme
a. Construction industry
b. Health services
c. Heavy manual labor
d. Occupations exposed to:
i. Airborne contaminants
ii. Human carcinogens
iii. Substances, chemicals or noise that exceed threshold limit values or tolerance levels for an 8 hour workday – prescribed by the Occupational Safety and Health Standards (OSHS)
a. Promote business competitiveness and productivity by lowering operating costs and work – related expenses
b. Give employers and workers flexibility in fixing hours of work compatible with business requirements and employee’s need for a ...view middle of the document...
NOTE: In effect, the normal workday is increased to more than 8 hours but it does not have a corresponding overtime premium.
IV. SPECIFIC GUIDELINES
1. Must be express and voluntary agreement of majority of those covered employees.
2. Firms using substances, chemicals and processes or operating under conditions where there are airborne contaminants, human carcinogens, or noise prolonged exposure to which may be hazardous, A CERTIFICATION is needed from an accredited health and safety organization or firm’s safety committee that work beyond 8 hours is within threshold limits or tolerable levels of exposure
3. Notification to DOLE, through Regional Office, of the adoption of the Scheme.
1. Any work beyond 12 hours a day is subject to overtime premium.
2. Employees under CWW scheme is entitled to meal periods of not less than 60 minutes
3. No diminution of existing benefits.
Note: Reversion to normal 8 hour workday is NOT a diminution of benefits provided there is prior notice of reversion
V. Administration of CWW Scheme:
In cases of differences of interpretation the following shall be observed:
1. The differences are treated as grievances
2. If there is no grievance mechanism or inadequate, the grievance is referred to the Regional office and such will conduct a Training and Assistance Visit
3. TAV purpose is to determine in the most practical and least litigious way whether the scheme is voluntary or is supported by supporting certifications.
Note: a. TAV may include the conduct of a referendum or Work Environment Measurement to determine actual work conditions
b. Employers are required to maintain records proving the CWW scheme was voluntary and the certification that the scheme is compliant with OSHS.
4. Absence of such proof, the employer shall pay the employees any overtime pay that may be due to them as if the CWW scheme did not exist.
Note: If the scheme is not compliant with the OSHS, immediate reversion to 8 hour workday is to take effect.