The Department of Labor and Employment (DOLE) has issued several advisories and guidelines for businesses and employers to operate in the general community quarantine period but with serious implications to workers who are also struggling to cope and survive the pandemic health and economic crisis, according to workers’ group the Associated Labor Unions (ALU).
The DOLE now allows employers to reduce without limit the wage and benefits of their employees and suspended all inspections and grievance mechanisms for workers particularly those in immediate danger of exposure to the risk of the disease while performing their jobs, said ALU spokesperson Alan Tanjusay.
“We have received reports that some employers have already dealing cuts in the existing wage rates and benefits package from as low as 6% to as high as 25% of their employees—with or without unions—effective last May 24 under the guise of COVID-19 financially difficulty. If these policies are not revoked, this trend will prevail and spread all over, creating a race to the bottom phenomena among the workforce at a time when business and labor should grow together,” Tanjusay said.
This is a violation of the non-diminution of wages and benefits principles upheld both by the Philippine Labor Code and the numerous jurisprudences of the Supreme Court on labor-management legal tussle on wages and benefits of workers.
“These DOLE issuances are highly biased, unfair and unjust for workers who are also suffering from the crisis and returning to work to earn a decent living. Instead of creating an enabling environment for workers to be safe and productive in helping rebuilding the economy back from COVID-19 economic and health crisis, the DOLE rather weakened the already feeble labor regulations by allowing employers to have more abusive discretion and disabling mechanism that abused employees resort to when they are assailed at work,” Tanjusay said.
The group is referring to the following DOLE issuances:
-DOLE Department Order 213 Prescribing the Guidelines in the Preservation of Actions and the Suspension of Reglementary Periods to File Pleadings, Motions and Other Documents;
-Labor Advisory 17, Series of 2020 the Guidelines on Employment Preservation Upon Resumption of Business Operation’ the DOLE and DTI Interim Guidelines on Workplace Prevention and Control of COVID-19;
-Labor Advisory 4, Series of 2020 on Guidelines on COVID-19 Prevention and Control at the Workplace;
-Labor Advisory 1, Series of 2020 on the Suspension of Work in the Private Sector by Reason of Natural or Man-made Calamity.
DO 213 suspended all proceedings of labor litigations including penalties, awards and payments resulting from rendered decisions, further setting aside routine labor inspection of workplaces and complaint investigation for occupational safety and health violations, suspending conciliation and mediation proceedings on complaints raised by workers using the quarantine as its convenient excuse.
In short, the DOLE placed all these legal rights under suspended animation as if workers’ rights are the first things to dispense with in a crisis.
This means that workplace safety and health inspectors’ quick response to reports about non-compliance to workplace safety and health standards and about ongoing COVID-19 infection at the workpace is suspended including the employees filing of employers’ labor malpractices are also held off until all quarantine measures are lifted.
The DOLE directives also allow employers and employees to voluntarily negotiate and agree in writing for lower wages and cuts in benefits without limitation including those wages and benefits negotiated under Collective Bagaining Agreement (CBA).
This affects the tatutory wage and benefits rates for current employees and those wage and benefits entitled as separation pay and benefits for laid-off and retrenched employees upon business closures due to bankruptcy caused by the pandemic lockdown.
Under these advisories and guidelines, employees found to have COVID-19 symptoms could be sent home for 14-day isolation and or 14-quarantine period without pay.
The period of hospitalization and recovery days for employees who contracted COVID-19 at the workplace or in the process of performing their work are accrued to their unused leave benefits. However, if leave benefits are used, the remaining COVID-19 hospitalization and recovery period are not paid.
The determination on whether the COVID-19 sickness is compensable by work-connected insurance the Employment Compensation Commission (ECC) is still being deliberated upon by the ECC Board.
The issuances do not mandate employers to provide transportation for employee to and from work. If there is no shuttle provided, employees are unable to work, they are covered by “no work, no pay” rule.
Employers are allowed to conduct COVID-19 testing on its employees but they are not required. However, the new guidelines also do not discourage employers to use COVID-19 test as a prerequisite for fit to work certification and in hiring employees.
The impact of the policy further harmed working people’s struggle for basic survival. The DOLE struck workers already agonizing with real fear of risk of exposure to the coronavirus disease and devastated by deep resentment with poorly implemented government response to pandemic lockdown crisis. Secretary Silvestre Bello III should revoke all its oppressive Labor Advisories and Department Orders issued under cover of the lockdown, Tanjusay said.
