Withholding of unvaxxed workers’ pay illegal: DOLE

MANILA – The Department of Labor and Employment (DOLE) on Monday reiterated that companies cannot withhold their employees’ salary for the reason of non-vaccination against the coronavirus disease 2019 (Covid-19).

In a virtual forum, Labor Secretary Silvestre Bello III said this policy is a violation of the Labor Code.

“You cannot withhold the salary of an employee or a worker without legal basis. Non-vaccination is not a legal basis so you should not withhold your employee’s salary. You have to pay the employee when it is due. The non-vaccination is not a legal basis to withhold the salary of an employee. That’s very clear,” he added.

At the same time, he advised employees who have not received their salaries because they are not vaccinated to submit a report to the agency.

“If you do not want to be identified, just tell us who the employers are, and we will be willing to cause an inspection of the business establishment to find out whether indeed the salaries of the workers are being withheld by reason of the fact that they have not been vaccinated and we assure we will immediately take legal action,” he said.

He said they will immediately inspect companies that will be mentioned in these reports.

“If found to have withheld the salary of the employee, we will immediately issue a compliance order. We will tell them that what they are doing is wrong, you’re violating the law by withholding salary without legal basis…please pay your employees. If not paid, that (compliance) order will become final and executory. What the DOLE will do is look for money or properties. We will garnish that to pay the employee. But we hope it won’t come down to that,” he added.

On the other hand, Bello said they have yet to receive any complaints from workers.

“In fairness to employers, no complaints have been received that employers have adopted a ‘no vaccine, no pay’ policy. Under the law, you can’t hold your employee’s salary, unless there is a legal basis or legal cause,” he added.