Department of Labor and Employment

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    Date: 2024-02-02 13:34:08.560167

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    Date: 2024-02-02 15:32:23.436051

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    Date: 2024-02-02 20:09:41.748555

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offset Holidays as a BPO company

Requested from DOLE by K. Kim at 01:34 PM on Feb 02, 2024.
Purpose: Research and development
Date of Coverage: 02/02/2024 - 02/02/2024
Tracking no: #DOLE-913048635171

Kim 01:34 PM, Feb 02, 2024 

Hi! I would like to request an information regarding:

1. 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?

2. To offset the holiday, what documents do I need to provide to notify DOLE?

Barboza 03:32 PM, Feb 02, 2024 

February 2, 2024

Dear Kisoo,

Thank you for your request dated Feb 02, 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 Feb 02, 2024 and will respond on or before Feb 23, 2024 01:34:08 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtOTEzMDQ4NjM1MTcxDA, for request with ticket number #DOLE-913048635171.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Valeros 08:09 PM, Feb 02, 2024 

February 2, 2024

Dear Kisoo Kim,

Thank you for your request dated Feb 02, 2024 01:34:08 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

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

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