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FLEXIBLE WORK ARRANGEMENTS & BPO Labor Concerns

FLEXIBLE WORK ARRANGEMENTS & BPO Labor Concerns. ECCP Breakfast Forum Mandarin Oriental Makati. LOURDES M. TRASMONTE Undersecretary Department of Labor and Employment. Department Advisory No. 4 Series of 2010. Guidelines on the Implementation of Flexible Work Arrangements

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FLEXIBLE WORK ARRANGEMENTS & BPO Labor Concerns

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  1. FLEXIBLE WORK ARRANGEMENTS & BPO Labor Concerns ECCP Breakfast Forum Mandarin Oriental Makati LOURDES M. TRASMONTE Undersecretary Department of Labor and Employment

  2. Department Advisory No. 4Series of 2010 Guidelines on the Implementation of Flexible Work Arrangements in the BPO Industry

  3. PURPOSE • Assist and guide employers & employees adopt flexible work hours compatible with business requirements & workers’ need for balanced work life • Improve business competitiveness productivity Bureau of Working Conditions

  4. CONCEPT FWAs - alternative arrangements other than the traditional or standard workhours, workdays and workweek. • Based on voluntary agreements • No diminution of existing benefits Bureau of Working Conditions

  5. FLEXIBLE WORK SCHEMES • Compressed workweek • Gliding or Flexi-time schedule • Flexi-holidays schedule • Other alternative schemes Bureau of Working Conditions

  6. Compressed Workweek* • one where the normal workweek is reduced to less than 6 days but the total number of workhours per week shall remain. • the normal workday is increased to more than 8 hours but not to exceed 12 hours. *Department Advisory No. 02, Series of 2004 Bureau of Working Conditions

  7. Gliding or Flexi-time • one where the employees are required to complete the core workhours but are free to determine their arrival and departure time Bureau of Working Conditions

  8. Flexi-holidays Schedule • one where 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. Bureau of Working Conditions

  9. ADMINISTRATION • Parties are responsible for administration • In case of different interpretation: • Treat it as grievance under company’s grievance mechanism • If grievance is inadequate - refer to RO for conciliation Bureau of Working Conditions

  10. NOTICE REQUIREMENT • Employer shall notify DOLE Regional Office of the adoption • Copy furnished the Bureau of Working Conditions Bureau of Working Conditions

  11. Republic Act No. 10151 Employment of Night Workers An Act Allowing the Employment of Night Workers, thereby Repealing Articles 130 and 131 of PD 442, as amended otherwise known as the Labor Code of the Philippines

  12. Effect of RA 10151 on the Labor Code • Repealed Articles 130 and 131 of the Labor Code • No need to determine whether a particular industry or scenario of the general rule or the exception on employment of women. • Women are now allowed to perform night work Bureau of Working Conditions

  13. Definition of ‘Night Worker’ • any employed person whose work covers the period from 10 pm to 6 am the following morning provided that the worker performs no less than 7 consecutive hours of work Bureau of Working Conditions

  14. Coverage • All persons, who shall be employed or permitted or suffered to work at night except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation Bureau of Working Conditions

  15. Health Assessment prior to night work • Upon their request, the workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with work: • Before taking up an assignment as a night worker • At regular intervals during such an assignment • If they experience health problems during such assignment Bureau of Working Conditions

  16. Transfer of workers • When transfer to similar job practicable. Night workers certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work. • When transfer not practicable. If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period. Bureau of Working Conditions

  17. Transfer of workers • Temporary unfitness. A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health. Bureau of Working Conditions

  18. Women as Night Workers Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work: 1. Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth; Bureau of Working Conditions

  19. Pregnant Women & Nursing Mothers Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work. Bureau of Working Conditions

  20. Alternative measures to night work for Women • transfer to day work where this is possible; • the provision of social security benefits; or • an extension of maternity leave. Bureau of Working Conditions

  21. Schedule of Night Work • Employer shall consult the recognized workers’ representatives or union in the establishment on the details of night work schedules • In establishments employing night workers, consultation shall take place regularly and appropriate changes of work schedule shall be agreed upon before it is implemented. Bureau of Working Conditions

  22. Mandatory Facilities • Suitable first aid and emergency facilities OSH Standards • Lactation station (RA 10028) • Separate toilet for men & women • Facility for eating with potable drinking water • Facilities for transportation and/or properly ventilated temporary sleeping or resting quarters Bureau of Working Conditions

  23. Penalties • FINE of not less than Thirty Thousand Pesos (PhP30,000) nor more than Fifty Thousand Pesos (PhP50,000); or • iMPRISONMENT of not less than six (6) months; or • BOTH, at the discretion of the court. • If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity. Bureau of Working Conditions

  24. THANK YOU ! Bureau of Working Conditions

  25. For more information, visit or contact: DOLE – Regional Offices or visit our website at : www.dole.gov.ph In Metro Manila, visit or contact: DOLE - National Capital Region NCR Bldg. (formerly WASMIYA Bldg.) 967 Maligaya St., Malate, Manila Tel. 339-2013 / 339-2017 Fax. 400-6241

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