TROPICAL storm “Enteng” uprooted trees, destroyed electric posts, and detached house roofs. Some areas in Luzon and the Visayas became rivers due to heavy rain. It damaged infrastructure and agriculture as it intensified these past few days.
Many of us, especially in the Luzon areas, had difficulty reporting for work. Due to severe weather conditions, employees decided not to go to work. However, many still travelled and walked against the strong wind and heavy rains, fearing they might be fired or suspended by their employer for failure to report for work. This is prohibited by law.
There is no liability in case the employee fails or refuses to work because of imminent danger resulting from weather disturbances and similar situations. Employees who are absent due to weather disturbances such as Typhoon “Enteng” cannot be meted with administrative sanction from employers.
The Department of Labor and Employment (DOLE) issued Labor Advisory No. 17, series of 2022, to guide employers in the private sector as regards the suspension of work during weather disturbances and similar occurrences.
The advisory provides that “in the exercise of management prerogative and 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 weather disturbances and similar occurrences.”
The same advisory provides that if an employee didn’t work, the worker is not entitled to regular pay except when there is a favorable company policy, practice, or collective bargaining agreement granting payment of wages on the said day or when the employee is allowed to utilize his or her accrued leave credits.
If worked, the employee is entitled to full regular pay provided that he or she has rendered work for not less than six hours.
If less than six hours of work, the employee shall only be entitled to the proportionate amount of the regular pay, without prejudice to existing company policy or practice more beneficial to the employee.
Furthermore, to lessen the difficulty of employees during weather disturbances, employers may provide extra incentives or benefits to employees to work on the said days.
The labor advisory was issued in relation to Article 5 of the Labor Code of the Philippines, as amended, and Republic Act 11058. These describe the responsibilities of employers, employees, and other persons in ensuring compliance with safety standards. Additionally, these guarantee employees the right to be informed about workplace hazards, to refuse unsafe work, and to report accidents to authorities./PN
