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Employment News

DOLE Issues new Advisory to stop Forced Termination

Date Posted: Feb 2, 2009

The Department of Labor and Employment had issued an advisory last January 30, which ordered all employers to adopt new flexible working arrangements as a solution to the grueling problem on employment.





Flexible working arrangements are written under the DOLE Department Advisory # 2 that aims to be a remedy to the problems of private business sectors that trigger to forced closure of business establishments and the outright termination of employees.





DOLE Secretary Marianito Roque says that this advisory is voluntary to all employers and that implementation of this should have consent of agreement between the employers and the employee.





“I urge employers and workers to consider adopting such arrangements as a better alternative rather than outright termination of the workers’ services and total closure of their establishment," says Secretary Roque.





All employers must notify first DOLE Regional Offices before implementing the new scheme. Secretary Roque also requested all Regional Offices to visit establishments to encourage them to adopt the advisory issued by DOLE.





The flexible work arrangements that employers may consider are as follows:





1. Compressed Workweek wherein the normal workweek is reduced to less than six days but the total number of work hours of 48 hours per week shall remain. The normal workday is increased to more than eight hours but not to exceed 12 hours, without corresponding overtime premium. The concept can be adjusted accordingly depending on the normal workweek of the company pursuant to the provisions of Department Advisory No. 02, series of 2004, dated 2 December 2004.





2. Reduction of Workdays wherein the normal workdays per week are reduced but should not last for more than six months.





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





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





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





6. 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.





Secretary Roque also explains that flexible working arrangement is beneficial as it allows reduction of business costs while saving jobs and maintaining competitiveness and productivity in industries.






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