Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17"") CONGRESS
First Regular Session

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House Bill No, 4489

Introduced by: REPRESENTATIVE ERIC L, OLIVAREZ

EXPLANATORY NOTE

The nagging traffic problem in Metro Manila is still waiting for an
effective solution. Different schemes on how to solve this problem have
been conceived. The color coding for instance, which requires all
vehicles both for public and private use to be off the streets of Metro
Manila one day a week based on the last digit of the plate number of the
vehicle. A particular colored sticker is assigned to the vehicles which
will be off the road on a certain day of the week.

The Metro Manila Development Authority has approved the
number coding scheme of traffic regulation which requires private
vehicles not to use certain streets with high traffic density from 7:00 to
9:00 in the morning and from 5:00 to 8:00 in the afternoon and early
evening for one day each week depending on the last digit of the plate
number. In some roads, the color coding scheme is being implemented
from 7am to 8pm just to decongest traffic in selective routes but which
still fell short in totally solving the traffic menace in the metropolis.

There is no doubt that these policies are all directed to vehicle
volume reduction. So far no effort has been directed towards passenger
volume redistribution by reprogramming the work schedule of workers
and employees in order to redistribute the movement of passengers over
a period of sixteen hours of each day instead of the present practice of
only eight hours a day usually starting at eight o'clock (8:00 a.m.) in the
morning up to five in the afternoon (5:00 p.m.).


This proposed bill requires government and public offices to adopt
the flexible working hours for employees where possible but without
adversely affecting proper delivery of services. Private employers are
likewise encouraged to adopt the system on a voluntary basis with some
incentives.

There are workers or employees whose kind of work do not
necessarily require that they be performed between eight o'clock in the
morning (8:00 a.m.) and six o'clock in the afternoon (6:00 p.m.). There
are people who are late risers and, therefore, prefer to report for work
late in the morning and work up to the early evening. Others prefer to
work in the afternoon and late evening, Reprogramming of the work
schedule will result in the passenger volume redistribution which will in
turn bring about vehicle volume reduction during the usually peak
hours.

This practice of flexible working hours has been widely adopted in
the United States and other highly industrialized countries.
Furthermore, this practice could contribute to the population control
program by reducing the number of hours when the spouses are both at
home.

To induce private employers to adopt the flexible working hours
for their employees, this bill exempts them from the payment of the
night shift differential of 10% imposed by the Labor Code, if the labor
union or majority of the regular employees in the private firm agree to
the work schedule, or they can avail of the tax incentive by applying the
amounts paid for night shift differential to the settlement of income tax
due for the respective calendar or fiscal year.

Considering the beneficial effects this bill will have in easing the
traffic problem, support for the enactment of this proposed bill is
earnestly sought.

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ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17') CONGRESS
First Regular Session

Bill No, 4489

Hous:

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT PROVIDING FOR THEADOPTION OF FLEXIBLE
WORKING HOURS IN GOVERNMENT SERVICE AND IN
PRIVATE EMPLOYMENT OFFERING INCENTIVES THEREFOR
AND AMENDING ACCORDINGLY THE LABOR CODE AND FOR
OTHER PURPOSES.

Be it enacted by Congress in Session assembled:

Section 1, The short title of this bill is “The FLEXIBLE WORKING
HOURS ACT of 2016.”

Section 2, Statement of Policy: The state shall adopt measures
designed to ease the traffic situation in highly urbanized cities, as
defined in the Local Government Code, by reprogramming work
schedules in government service and private employment in other to
redistribute the movement of the commuting public without adversely
affecting the delivery of public service.

Section 3. Departments, Offices and Agencies of the government
shall adopt the flexible working hours where possible and without
adversely affecting the proper delivery of services.

Section 4, Heads of departments, offices and agencies shall have
the authority to approve the office working hours provided that under
the working hours schedule adopted, officials and employees shall each


render not less than eight hours work a day for five days a week or a
total of forty hours.

Section 5. Private employers may adopt the flexible working hours
on a voluntary basis. Such private employers who adopt the flexible
working hours shall be exempt from the payment of the night shift
differential prescribed under the Labor Code for the employees
concerned with the approval of the Labor Union or a majority of the
regular employees.

Section 6. The flexible working hours for both public service and
private employment shall depend upon the agreement of management
and the employees concerned. For public service, the work schedule
should assure the public of frontline services from eight o'clock in the
morning to five o'clock in the afternoon.

Section 7, The flexible working hours adopted by an official or
employee shall thereafter be his regular working hours unless
subsequently altered with the approval of the authorized official.

Section 8. In the exigency of the service, Saturdays and Sundays
may be included in the working, days, provided, that the employees who
work on such days may choose a compensatory day/s off during
weekdays, and provided further that the Saturday and Sunday shall be
considered regular workdays and not cases of overtime.

Section 9. The employer availing of the flexible working hours
shall have the tax incentive of deducting the total amount of night
differential paid to the employees, should they not agree on the waiver
of such differential pay, from the Income Tax due the government for
the respective calendar/fiscal year.

Section 10. The pertinent provisions of the Labor Code other laws
and presidential issuances, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this act are hereby
repealed or modified accordingly.

Section 11. This act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general circulation. The


publication shall not be later than seven (7) days after the approval of
this bill.

Approved,