CWW Effects and Administration
CWW requires administration by the company in accordance with the rules established by the DOLE.
As of this writing, there is a pending bill to make this into a law.
The post below is a continuation of the previous post on the same topic based on the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva.
Administration of CWW Scheme
The parties to the CWW scheme shall be primarily responsible for its administration.
In case of differences of interpretation, the following shall be observed:
1. The differences shall be treated as grievances under the applicable grievance mechanism of the firm.
2. If there is no grievance mechanism or if this mechanism is inadequate, the grievance shall be referred to the Regional Office which shall conduct a training and assistance visit (TAV) pursuant to Section 3 of Department Order No. 57-04.11
3. The purpose of the TAV is to ascertain, through the most practical and least litigious way possible, whether or not the scheme is the result of a voluntary agreement or is supported by the appropriate certification from an accredited safety and health organization or practitioner.
Where appropriate, the TAV may include the conduct, as may be appropriate, of a referendum or work environment measurement (WEM) to determine actual work conditions.
To facilitate the resolution of grievances, employers are required to keep and maintain, as part of their records, the documentary requirements proving that the CWW scheme was voluntarily adopted and the certification that the scheme is consistent with OSHS.
4. In the absence of proof of voluntary agreement or safety and health certification, the employer shall pay the employees concerned any overtime pay that may be owing to them as if the CWW scheme did not exist. If it turns out that work beyond eight hours is not consistent with OSHS, the parties shall immediately revert to a normal eight hour workday.
Hence, employees who agreed to a CWW arrangement has to respect the lengthened period from Monday to Friday and has to serve in full the eight hours of work. Failure to fully satisfy the hours required may result in disciplinary action either due to employee’s committing undertime violation or not reporting to work at a certain shift.
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