MANILA, Philippines — Senator Lito Lapid seeks an “expanded employment security” for workers in the face of continued threats of the coronavirus disease (COVID-19.)
His proposal is contained in Senate Bill No. 1910, where an employee whose work may have considerable exposure to COVID-19 may raise any health concerns regarding resuming or continuing employment.
Under the measure, the employer should immediately act on the said health concern “by installing additional safety equipment, adjusting the work environment, adopting appropriate work schedule, or finding alternative suitable employment for the said employee.”
But if the employer fails to act upon it or if the employee is unsatisfied with the response or action of his or her employer, the latter may raise the issue before the Regional Office of the Department of Labor and Employment.
According to Lapid’s bill, the Regional Director’s decision is appealable to the Bureau of Labor Relations (BLR).
“If the Regional Director or the BLR, as the case may be, finds that the employer failed to provide an adequate response to the health concern raised by the employee, the latter may terminate his or her employment and shall be eligible for unemployment benefits,” it said.
However, an employer may not be held liable “for any injury that resulted from an employee contracting COVID-19, except when the employer violates the laws related to workplace safety.”
Lapid recognized the adverse impacts of the coronavirus pandemic on the economy, leaving more people unemployed.
“However, there are also cases in which the reason for the termination of employment was due to the fear of contracting COVID-19, especially in cases of unsafe workplaces,” he said in explaining his bill.
“The employers are obliged to provide a workplace free from serious hazards, is comfortable and maximizes the productivity of the employees. Thus, this bill seeks to provide protection for employees and, at the same time, limitation on liability for employers with respect to the exposure to COVID-19,” Lapid added. [ac]