“ULAN ka lang, waterproof/immortal kami.”
This has been the phrase Filipino workers often hear and say in jest whenever heavy rainfall and flooding brought by a typhoon, the southwest monsoon (habagat), or both, strike most parts of the country.
During this time, the national government has probably announced the suspension of classes and work in government offices in several areas, but the suspension of work in the private sector is left to the discretion of their respective heads.
So, what if an employee of a private company could not report to work due to the inclement weather? Should they still travel to the office or be slapped with sanctions?
The Department of Labor and Employment (DOLE)-Bureau of Working Conditions said neither choice is acceptable, stressing that workers should not be forced to come to work during bad weather.
In a Facebook post on Monday, the staff bureau reminded employees of the Labor Advisory No. 17, Series of 2022, which guides private sector employers and employees about work suspension and wage treatment during weather disturbances and similar occurrences.
As stated in Section 3 of the labor advisory, employees should not be held liable for failing or refusing to work due to unfavorable weather conditions.
“Employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction,” it read.
It also reminded the private sector employers that they may choose to suspend work to ensure the safety and well-being of their employees amid the heavy downpour.
‘No work, no pay’
While laborers should not be forced to report to work, human rights lawyer and Akbayan Partylist Representative Chel Diokno previously clarified in a TikTok video that the “no work, no pay” principle still applies, unless there is a company policy that addresses the situation.
“Ang pinakamahalaga sa panahon ng sakuna, siguraduhing ligtas kayo at ang inyong pamilya,” Diokno stressed.
“At kung hindi makapagtrabaho, hindi na dapat dumagdag pa sa problema ang employer ninyo,” he added.
This was also outlined in Section 2 of the Labor Advisory No. 17, Series of 2022, stating that employees are not entitled to regular pay if they opted not to work during inclement weather, “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/her accrued leave credits.”
But if they choose to report for duty, the advisory said they are entitled to full regular pay provided that they have rendered work for not less than six hours.
If they work less than six hours, they can only receive the proportionate amount of the regular pay, “without prejudice to existing company policy or practice more beneficial to the employee.”
The employers may also opt to provide extra incentives or benefits to employees who opt to report to work during severe weather.
3 LPAs
The Philippines continues to experience heavy rainfall, triggered by the habagat, on Tuesday, July 22.
The Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pagasa) reported that it is now monitoring three low pressure areas (LPAs) inside and outside the Philippine area of responsibility (PAR).
In its 8 a.m. update, the state weather bureau said the LPA located 1,140 kilometers east of Central Luzon has a “high” chance of developing into a tropical depression within the next 24 hours.
Meanwhile, the two other LPAs, one located 225 kilometers east southeast of Basco, Batanes, and the other outside PAR, or 2,850 kilometers east of Eastern Visayas, have both “medium” potential of becoming a tropical depression within the next 24 hours.
The public is advised to monitor weather updates from Pagasa.
