The document discusses the applicability of compressed work weeks to health care workers and nurses under Philippine law. It notes that while there is no specific law prohibiting compressed work weeks in the health care industry, the Department of Labor and Employment (DOLE) must issue an advisory and certain conditions must be met. These include a voluntary agreement by covered employees, ensuring worker safety, notifying DOLE of the adoption, and maintaining total weekly work hours and benefits at normal levels while allowing for overtime compensation if hours are exceeded.
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Compressed Work Week
The document discusses the applicability of compressed work weeks to health care workers and nurses under Philippine law. It notes that while there is no specific law prohibiting compressed work weeks in the health care industry, the Department of Labor and Employment (DOLE) must issue an advisory and certain conditions must be met. These include a voluntary agreement by covered employees, ensuring worker safety, notifying DOLE of the adoption, and maintaining total weekly work hours and benefits at normal levels while allowing for overtime compensation if hours are exceeded.
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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 accordance with the following:
CWW
schemes
adopted
in
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.
United States of America Ex Rel. Gerardo Catena v. Albert Elias, Superintendent of Youth Reception and Correction Center at Yardville, N. J, 465 F.2d 765, 3rd Cir. (1972)