Dear Atty. Nico,

Good day, sir! I would like to consult my problem at work. I am currently employed in my third year as a machine operator in a chocolate factory located in Santa Rosa, Laguna. My workweek was the usual six days. However, the company informed us, through a company memo, that it was reducing the same to three to four days because of business losses.

Although there was an issuance of the said memo, no consultation was made prior thereto nor was there any approval coming from its employees. Is the action made by the company tantamount to constructive dismissal?

Willie

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Dear Willie,

In an En Banc decision, the Supreme Court stated that the reduction of workweek of the employees, without their prior consent to such, can be held as constructive dismissal.

In Bacani, et al. v Fiber Textile Manufacturing Corp., et al., the Court enumerated the following requisites of a valid implementation of flexible work arrangements (including reduction of workweek) under DoLE Department Advisory No. 2, Series of 2009, which was affirmed to be consistent with the provisions of the Labor Code on work hours:

1) the adoption of a different work schedule or scheme is expressly and voluntarily supported by a majority of the workers affected, i.e., there should have been a consultation with the employees before a part time work arrangement is adopted and implemented;

2) the implementation of a non-traditional work arrangement should be temporary. For reduction of workdays, the same should not exceed six months;

3) the DoLE Regional Office should be notified before any flexible work arrangements may be implemented and;

4) the employer is suffering from actual or reasonably imminent economic difficulties or national emergencies and its adoption of flexible work arrangement was done in good faith to cope with such circumstances.

Atty. Nico A. Antonio