Law not needed to impose 4-day workweek – DOLE

An official with the Department of Labor and Employment (DOLE) stated on Wednesday that employers could implement a four-day workweek even if there is no new law or department order mandating it.

Following a succession of large-scale oil price spikes, Socioeconomic Planning Secretary Karl Kendrick Chua proposed imposing a four-day workweek to preserve energy and reduce public spending.

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“Sa panukalang gawing four-day workweek, sa tingin ko hindi na kailangan ng isang batas pa diyan o panibagong department order sapagkat noong mga nakaraang taon nakapag-issue na tayo ng mga labor advisory na ang mga employer ay pwede silang mag-implement ng mga flexible work arrangement,” DOLE Undersecretary Benjo Benavidez said.

(About the idea for a four-day workweek, I believe there is no need for a new law or department order because we have already issued labor advice on the subject, allowing employers to implement flexible work arrangements.)

Many organizations in the Philippines have implemented flexible work arrangements such as work-from-home, reduced regular workdays, and job rotation since 2020.

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Employers, according to Benavidez, have a “management prerogative” on how they govern or run their activities.

Law not needed to impose 4-day workweek – DOLE

“Ang saklaw po nung management prerogative na ‘yun ay ‘yung napakalawak na discretion ng mga employer na itakda o i-regulate ‘yung conduct ng kanilang business kasama na po doon ‘yung pagtatakda ng work arrangements, ‘yung lugar, at ‘yung oras ng pagtatrabaho,” Benavidez said.

(This managerial prerogative encompasses a broad range of employer discretion on regulating or running their enterprises, including employment arrangements, location, and hours of operation.)

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Workers will still work 40 hours per week under the National Economic and Development Authority’s proposal, but instead of five days, they will work four days, bringing the total work hours per day to 10.

On the other hand, Benavidez believes that a four-day workweek can be introduced while still maintaining the eight-hour daily obligation if employers and employees agree.

Meanwhile, Benavidez stated that there was nothing preventing firms from allowing their employees to work from home.

However, Benavidez warned that in the case of IT-business process outsourcing enterprises operating in economic zones, the result would be the loss of tax incentives.

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