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.