Department of Labor and Employment(DOLE)

January 6, 2024 Dear Francesca Gaille Castillo, Thank you for your request dated Jan 04, 2024 07:58:26 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Broken Time Schedule / Flexible Working Schedule. The Government acknowledges the critical need for employers to address significant business challenges while supporting their employees in maintaining their livelihoods. In response, the Department of Labor and Employment advocates for the implementation of Flexible Working Arrangements (FWAs), which include the adoption of a broken-time schedule, outlined in DOLE Department Advisory No. 02-09. The broken-time schedule is an alternative work arrangement where the work hours in a day or week remain constant, but the schedule itself is non-continuous. This setup grants employees greater control over their time, allowing them periods when they are not required to remain at their work premises. During these non-working periods, employees are not compensated unless they are assigned tasks during these times, in which case, only the hours worked are compensable. As per legal precedent, idle time during broken or non-continuous work is not considered as working hours. Unless a more favorable provision exists in a company's policy or Collective Bargaining Agreement, the general rule of "No work, no pay" applies. However, it's essential to note the principle of non-diminution of benefits, safeguarding existing benefits provided by the employer to employees. Any reduction, discontinuation, or elimination of these benefits is not permissible, aligning with the Constitutional mandate to protect workers' rights and welfare. Additionally, the Department of Labor and Employment encourages employers to explore alternative schemes within their policies to alleviate the income loss experienced by employees, considering the adverse impact of the situation on both company performance and financial conditions. Employers must notify the Department of Labor and Employment regarding the adoption of any flexible work arrangement, ensuring compliance with regulatory guidelines. The responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented. Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm Thank you. Respectfully, Mark Valeros FOI Receiving Officer