COVID 19 DOLE Update :Guidelines on Employment Preservation upon Resumption of Business Operations
The Department of Labor & Employment issued Labor Advisory No. 17 -B Series of 2020 the Guidelines on Employment Preservation upon the Resumption of Business Operations for the Private Sector.
This advisory is to provide guidance and assistance to all employers (nationwide) resuming or operating their respective businesses while preserving employment of their workers under the Enhanced Community, General or other quarantine arrangements as well as in compliance to Article 5 of the Labor Code. This also supercedes Labor Advisory #17 first issued last 16 May 2020.
The following areas (or fine points) covered or reiterated by this advisory are:
Health Standards: All employers must comply with the minimum health standards as enumerated in the joint DTI/DOLE Interim Guidelines on Workplace Prevention and Control of COVID 19 and other supplemental guidelines issued since May 2020. This includes among others: setting up of health protocols, wearing of masks and face shields inside the office, reporting of employees who had COVID 19, minimum numbers (30% - 50%) of employees present in the workplace, maintenance of proper hygiene, physical distancing of work areas, scheduled eating schedules, senior employees, pregnant employees and immuno-compromised employees reporting schedules (limited to maximum of four (4) hours per day if required to report for work or situations that calls for these employee to report to work), etc.
Work-From-Home or Telecommuting: DOLE are encouraging, whenever feasible, adopting WFH or telecommuting arrangements pursuant to DO No. 202 Series of 2019 and must be provided with adequate support to perform their responsibilities or tasks. This may include: computers/laptops for employees and internet subsidy.
Alternative Work Schemes, Wage and Wage Related Benefits: All alternative work schemes (transfer, assignment, job rotation, work days reduction, partial closure and related arrangements including adjustment of wages and related benefits of employee shall be governed by existing laws, jurisprudence and collective bargaining agreements (if companies are unionized).
Entitlement of Separated Employees: Those who are separated during this period due to authorized (whether End of Contract, Retrenchment or Redundancy) are entitled to Separation/Final Pay (Labor Advisory No 6 Series of 2020) without any prejudice as provided by law, company policy or collective bargaining agreements (again if the company is unionized).
Reporting Requirements: Employers shall report to the DOLE Regional Office (where the company is located) the adopted alternative working scheme, other work arrangements including wage and wage-related benefits adjustments, or the Termination Report. Currently, the Termination Report (except the Work Arrangement) is received online (please see link below). Employers are required to register online and submit documents to validate the employer account (also keep the address current to avoid problems in acknowledging your submitted reports. For Work Form Report and WAIR, please coordinate with your respective DOLE Regional Office for their email address(es).
Dispute Resolutions: Disagreements or difference arising from the implementation of the Advisor shall be resolved under the grievance machinery established the company (LMC). If there is none or is inadequate, it shall be referred to your regional National Conciliation and Mediation Board or DOLE Office (not the NLRC people) for concilliation. This shall be resolved in accordance to the existing rules and regulations or visitorial and enforcement power of the DOLE Secretary or his authorized representative(s).
Please note that effective 08 July 2020, submission of RKS Form 2020 will be filed online; website link is: https://reports.dole.gov.ph.
Reference:
Labor Advisory #17 Series of 2020 (May 2020):
https://www.dole.gov.ph/php_assets/uploads/2020/05/Labor-Advisory-No.-17-20.pdf
Labor Advisory #17-B Series of 2020 (September 2020):
https://www.dole.gov.ph/php_assets/uploads/2020/09/Labor-Advisory-No.-17-B-20-Guidelines-on-Employment-Preservation-upon-the-resumption-of-Business-Operations.pdf?fbclid=IwAR3h2Eyu5yBV3j8sZg41HR-TvD4dUzRDWurXIQCpTJ5GSMJqjfYsl4jVdCk