Department of Labor and Employment

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    Date: 2024-01-26 15:37:59.695379

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    Date: 2024-01-30 09:31:10.172436

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    Date: 2024-01-30 10:34:34.256948

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offset Holidays as a BPO company

Requested from DOLE by K. Kim at 03:37 PM on Jan 26, 2024.
Purpose: Research and development
Date of Coverage: 01/26/2024 - 01/26/2024
Tracking no: #DOLE-711040495171

Kim 03:38 PM, Jan 26, 2024 

Hi! I would like to request for information regarding:

1. Is it possible as a BPO company to swap a Philippines holiday with a foreign holiday?
2. offset the swapped holiday pay with a regular working day pay?
3. If applicable, are there any chance a necessary steps/documents to implement number 1 and 2?

Thank you!

Barboza 09:31 AM, Jan 30, 2024 

January 30, 2024

Dear Kisoo,

Thank you for your request dated Jan 26, 2024 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for offset Holidays as a BPO company.

We received your request on Jan 26, 2024 and will respond on or before Feb 16, 2024 03:37:59 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzExMDQwNDk1MTcxDA, for request with ticket number #DOLE-711040495171.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Valeros 10:34 AM, Jan 30, 2024 

January 30, 2024

Dear Kisoo Kim,

Thank you for your request dated Jan 26, 2024, 03:37:59 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

You asked for offset Holidays as a BPO company.

Flexi-holidays schedule refers to one where the employees agree to avail the holidays on some other days provided there is no diminution of existing benefits as a result of such an arrangement.  (Department Advisory No.2 Series of 2009). 

The employer shall notify the [DOLE] through the Regional Office which has jurisdiction over the workplace.

The parties to the flexible work arrangements shall be primarily responsible for its administration. 

In case of differences in interpretation, the differences shall be treated as grievances under the applicable grievance mechanism of the company. If there is no grievance mechanism or if this mechanism is inadequate, the grievance shall be referred to the Regional Office which has jurisdiction over the workplace for appropriate conciliation.

We hope that we have addressed your concerns.

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

Attachments:
 Dept Advisory No. 2 of 2009 - Guidelines on the Adoption of Flexible Work Arrangements.pdf

Kim 11:58 AM, Jan 31, 2024 

Thank you for the reply. I'd like to request for an additional information:

Is it legal to have swap all the Philippines annual holidays (Jan 1 to Dec 31) to foreign holidays (regular working days for the Philippines) without holiday premium pay?

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