DOLE issues rules on work suspension in private sector during calamities

MANILA, Philippines — The Department of Labor and Employment (DOLE) on Monday issued an advisory for work suspension in the private sector during calamities, following the recent phreatic eruption of Taal Volcano.

In Labor Advisory No. 01-2020, Labor Secretary Silvestre Bello III said “employers in the private sector, shall, in the exercise of management prerogative and in coordination with the safety and health committee, or safety officer, or any other responsible company officer, suspend work to ensure the safety and health of their employees during natural or man-made calamity,” as provided under Section 1 of the Labor Code of the Philippines.

Bello also reminded employers of the following pay rules:

a. If unworked – No pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on said day. When the employee has accrued leave credits, he/she may be allowed to utilize such leave so that he/she will have compensation on said days.

b. If worked – No additional pay shall be given to the employees but only their salary on said day.

Bello added that employers “may provide extra incentives or benefits to employees who reported to work on the said day” to alleviate the plight of workers in times of calamities.

Citing Section 3 of the Labor Code of the Philippines, he further said that “employees who fail or refuse to work by reason of imminent danger resulting from natural or man-made calamity shall not be exposed to or subject to any administrative sanction.”

Taal Volcano is currently on Alert Level 4 which means that “hazardous explosive eruption is possible within hours to days,” according to the Philippine Institute of Volcanology and Seismology (Phivolcs).

Ashfall from Taal, the country’s secon-most-active-volcano, affected nearby provinces and has reached as far as Quezon City.