Last August 24, 2020, the DOLE Bureau of Working Conditions held a Zoom Webinar on DOLE Issuances,

Preserving Employment Through the Adoption of Flexible Work Arrangement.

To spare you the 1-hour sit through of the webinar, here is the summary of the talk.
Why is the Government Promoting the Adoption of Flexible Work
Arrangement?

The government acknowledges that both the employer and employee have been suffering the effects of
the COVID-19 pandemic. To prevent business closures, further unemployment, the government is
encouraging the use of Flexible Work Arrangement (FWA). This allows the employee to still retain his
ability to earn. Even if the money is not as big as it was originally, there’s still money coming in to sustain
their families.

Exact words are: “Sa ilalim ng Flexible Work Arrangement, kumikita pa din po ang mangagawa.
Maaaring hindi ito kasing laki ng orihinal na kinikitang sahod, ang mahalaga ay may pera pang
pumapasok para matustusan ang kanilang mga pangangailangan.”

Here are the following DOLE Issuances that will help both businesses and workers throughout these
tumultuous times:
The latest is the DOLE Labor Advisory No. 17-A, Series of 2020 which include the RKS Form 5. The
employer needs to fill in this form to inform DOLE of their application of Flexible Work Arrangement.
The RKS Form 5 is now available online via:  https://reports.dole.gov.ph/
There is also the earlier released Labor Advisory No. 17, Series of 2020 (Issued last May 16, 2020) that list
down the types of Flexible Work Arrangement an employer can do to save jobs.
These are all the labor advisories and department orders that look into Flexible Work Arrangement for both
employers and employees.

What are the Different Types of FWA on Offer?

Here are the types of Flexible Work Arrangement options on offer, all of which are legal and valid under the
DOLE Labor Laws:
FWA Option 1: Telecommuting or Work From Home (17:35)

Question 1-A: Is WFH Mandatory?

No, it is NOT mandatory for the Employer to provide WFH opportunities.
WFH is one of the most popular FWA. We need to remember that under a Telecommuting arrangement,
this must be VOLUNTARY for both employers and employees. This means that taking into consideration
how their business operates, employer have the prerogative to offer a telecommuting arrangement for their
company. They also have the option to deny such FWA if they don’t want to.
Question 1-B: Can an Employee who wants a WFH Arrangement Demand It?
The answer is a yes or no.
A worker can PROPOSE that he WFH to his employer if possible. However, the employer does the right to
deny it if it’s unworkable for the him. In the end, it’s still management prerogative. So yes, he can demand.
But the employer has the right to say NO.

Question 1-C: What are the Guidelines for a Good WFH Arrangement?
Here are the three guidelines for a WFH Arrangement as per BWC:
Under the telecommuting program, the company must make sure that their WFH Policy is WRITTEN and
includes the following policies so that there’s no misunderstandings between the employer and the
employee. Because once we get into a Telecommuting arrangement, the only thing that changes actually is
the LOCATION OF WORK.
Employer and employee must agree on factors such as Eligibility, as some work cannot be a WFH. What
are the standards a person must deliver? How long will the employer keep on the Telecommuting
agreement?

Question 1-D: Should the Employer Automatically Pay for the Additional Expenses of
WFH (e.g., Internet, Computer, Etc.)?
According to the law, it is NOT the employer who automatically pays for the internet or computer
equipment of the employee if the employee is under a WFH arrangement. Such expense if ever paid for by
the employer is still VOLUNTARY, meaning NOT MANDATED. Instead, it must be discussed between the
two parties, and they have to AGREE on who will pay for it.
The Employer may offer to lend the computer or give some load allowance. But this is not mandatory.

Question 1-D: Are WFH Quali ed for Holiday Pay?

Yes they are.
Regarding the Fair Treatment, WFH workers cannot be discriminated against. They should still receive fair 
and comparable payment to those who are working on site. WFH workers are still entitled to holidays and
rest days. If they work on a holiday, they must still be paid holiday pay. The Telecommuting Act also allows
WFH employees can join a union if any.
Employers must still retain the rights and benefits of the workers despite the WFH arrangements. Pay
should not be less than the minimum standards offered by the law.

Question 1-E: Can Employees Legally Protect their Data While Their Staff is on WFH?
Yes, so long as the conditions is written in the policy.
Despite doing a WFH arrangement, it is the responsibility of the employer to protect the data use of the
WFH employee. DOLE-BWC understands that the employer’s confidential information may be placed at
risk because of a WFH arrangement. Some employees may work in a coffee shop, at the beach or at their
house, which does not have the sufficient security protocols that an office has.
That’s why employers must write in their agreement their policy on DATA PROTECTION and PRIVACY. It
must be clear to the staff that even if he/she is still on WFH, he/she must still do what is necessary to
protect his/her employer’s data. Or be penalized accordingly.
The Telecommuting Act was institutionalized via the Republic Act 11165 and DOLE Department Order No.
202, Series of 2019. You can check the fine print of these two documents for more guidance.

FWA Option 2: Compressed Work Week (28:20)

This is how a Compressed Workweek is defined:

Common for factories, a Compressed Workweek increases the number of hours worked per day without
the payment of overtime. In a compressed workweek, the total number of hours must not change even
after compression.
There is no overtime pay unless it exceeds 12 hours of work in a day because the understanding is that
the work week was compressed.  This is because the hours worked is distributed fairly to the remaining
days.

FWA Option 3: Transfer of Employees to Another Branch or Outlet (31:30)

A company has two branches — Branch A and B. Because of business losses, Branch A closed. Instead of
outright termination, the employer can save the employment of the worker by transferring the employee
from Branch A to Branch B.
FWA Option 4: Assignment of Employees to Another Function or Position in
the Same or Other Branch or Outlet (32:55)

Employers can opt to change the function/role of the staff in order to preserve the job of his employees.
For example, if Division A closed and Division B and C is still operational, those who are in Divisions A that
is serving as an administrative staff can be transferred to be an accounting staff in Division B.  Same with
the second example, the Cook can be made into a Service Crew so long as the Cook agrees to a transfer
of roles. This is valid and legal.

FWA Option 5: Reduction of Normal Workdays and/or Hours (35:30)

If pre-COVID-19, the company is operating for 6 days per week, the company can opt to reduce it to 3
days or so. The company can also opt to reduce the number of hours to lower than 8 hours per day.
This is legal because at least the employee still has some income to sustain their families. This is to
distribute the work to all employees so lahat ng tao, may kita pa din. Instead of closing the entire company
and everyone is out of the job.

FWA Option 6: Rotation of Workers (37:19)

Employees can be rotated in shifts within the workweek, so that the work is distributed. Everyone will have
the opportunity to earn. This once again is legal and valid.
FWA Option 7: Partial Closure of Business (37:15)

The company can opt to close several departments and units. Only those who can’t operate are the ones
who will be closed.
FWA Option 8: Forced Leave (38:30)

IMPORTANT: If company decided to do a one-month forced leave, employees must first utilize their leave
credits if ANY during the forced leave period. These employees will be paid for their days of leave. In these
example, employees 1 will get paid for 15 days, employee 2 for 10 days, and so on.

FWA Option 9: Broken Time Schedule (39:52)

This is commonly done with restaurants as some will op to only operate during peak hours. After the peak
hours, the work is stopped but work is extended throughout the day. See definition below:
If this is the FWA that’s chosen, an employee during the in-between time (11am to 3pm), the employee can
do whatever he wants. He can go home, go to the mall, and do his personal errands because the 11:00am
to 3:00 pm are not compensable hours. If he is given work, then his rest time should be compensable.

In Summary – Effects on Compensation

The general rule is No work No Pay unless there’s a more favorable CBA in the company. If there’s any
leave credits left, the employee can convert the leave credits for pay.
There should not be any diminution of benefits. Reduction is proportion to the days worked. For example,
whereas before, the employee came in for 6 days at Php 30,000 pay, if he only comes in for 3 days, pay is
reduced to Php 15,000 only. In the same vein, if he is paid Php 800.00 per day for 8 hours of work per day,
he is only paid Php 400.00 per day if his work is now reduced to 4 hours per day due to the Flexible Work
Arrangement adopted by the company.

IMPORTANT: Employers must inform the DOLE Regional Of ces of their chosen and
agreed Flexible Work Arrangement before adoption.
This RKS Form 5 is once again available online: https://reports.dole.gov.ph/
If there’s any misunderstandings, the FIRST LEVEL is to first go to HR and complain to the company. If this
was not settled via the HR, the staff can THEN PROCEED to DOLE Regional or Field Office via the SENA
system. Only if it’s not resolved that the staff will go to NLRC to resolve any issues.
To recap, here are the Nine (9) Flexible Work Arrangement Available:

WFH is voluntary and employer has prerogative. If WFH, it cannot go below the law’s minimum standards.
Compressed workweek: Not automatic to have overtime beyond 8 hours. Only if the work exceeds 12
hours that there’s overtime pay.

Question and Answer Portion

1. If Work from Home is due to the COVID-19 pandemic, dapat ba provided ng

employer/company ang equipment?
The law said that the employer and employee need to agree on what the employer needs to provide.
If the employee expresses the wish of having a complete setup including ergonomic chair, this is -still
dependent on whether the Employer agrees. If the employer does not agree,, then no.
2. Is it okay if the branch does not have the same company name, can the employee be
transferred to that branch (55:30)?
It’s okay if both the employer and employee can agree to this setup temporarily, and there’s a written
agreement.
3. Can an employer implement an Telecommuting Program that is mandatory for the employee
to follow (56:26)?
Video then stopped at this mark, so the entire session ended.