HR 101: Failure to Report to Work During the Typhoon?
Photo Credits: Philippine Star /JTWC
Typhoon Ulysses, with Metro Manila under Signal #3 - came roaring yesterday - complete with winds, torrential rains and so much destruction in its wake. As a result, many employees did not report to work.
Many workers in the private sector would be asking this question: what if I did not report to work yesterday? Is it paid or not paid?
As a general rule, it is considered as "no work no pay" when work is suspended because of a calamity, whether it is due to natural or man made. In fact, last January 13, 2020, the Department of Labour and Employment issued Labor Advisory 01 Series of 2020 or Suspension of Work in the Private Sector by Reason of Natural or Man-made Calamity.
This advisory states that employers in the private sector shall, in the exercise of management prerogative and in coordination with responsible company officers (which includes HR), OSH Committee or Safety Officers (if any) suspend work to protect workers during this period.
If unworked, the employee is not paid for day - unless - there is an existing company policy, practice or Collective Bargaining Agreement (CBA) in place. If the employee has earned leave credits (particularly Vacation Leave credits not Sick Leave), he will be allowed to file for leave to be paid on the day identified as a calamity.
If the employee reported to work (whether onsite or under FWA - Work from Home Scheme - yes I did worked that day), they will be paid as is and no additional pay will be given.
DOLE also advised Employers to provide extra incentives or benefits for those employees who reported to work on these days and no sanctions or disciplinary actions be given to any employees who fails or refused to work by reason of imminent danger as a result of these calamities.
PS: I'd like to thank Atty Pol Sangalang for the link and the idea to blog this.
Reference:
Suspension of Work in the Private Sector by Reason of Natural or Man-made Calamity DOLE Advisory:
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