DOLE: Private sector ‘should’ suspend work in times of calamity

FILE: Labor and Employment Secretary Silvestre Bello III on April 27, 2018. ROBINSON NIÑAL JR./PRESIDENTIAL PHOTO

MANILA — Employers shall suspend work during natural or man-made calamities to ensure the safety and health of their employees, the Department of Labor and Employment (DOLE) reminded the private sector through an advisory on Monday.

Citing provisions of the Labor Code, DOLE Secretary Silvestre Bello III issued the advisory after Malacañang ordered the suspension of classes and government work on Monday in Calabarzon (Region 4-A), the National Capital Region (NCR), and Central Luzon (Region) 3 due to the eruption of Taal Volcano.

“Except as provided for by law or appropriate proclamation, employers in the private sector, shall, in exercise of management prerogative and in coordination with the safety and health committee, or safety officer, or any responsible company officer, suspend work to ensure the safety and health of their employees during natural or man-made calamity,” the advisory read.

The advisory also provides that workers who refused to work due to imminent danger resulting from natural or man-made calamities “shall not be exposed to or subject to any administration sanction”.

For employees who choose to work, no additional pay shall be given to them “but only their salary on the said day”.

If they opt not to work, the DOLE advisory said “no pay” shall be made unless there is a favorable policy, practice, or collective bargaining agreement (CBA) granting payment of wages.

“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,” it added.

The employers, the DOLE said, may provide “extra incentives or benefits to employees” who reported to work to alleviate the plight of employees in times of natural or man-made calamities.

On Sunday, the Philippine Institute of Volcanology and Seismology (Phivolcs) raised Alert Level 4 over Taal Volcano which means “hazardous eruption is possible within days.

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