Even if they are government employees paid through taxes, senators are not covered by the “no work, no pay” rule.

The issue was raised to Senate Committee on Finance chairperson Sherwin Gatchalian during an online press conference on Monday in connection with Senator Ronald “Bato” Dela Rosa’s almost month-long absence from the Senate.

“Based on my knowledge, there is a ‘no work, no pay’ policy set up for Senators. The proper procedure is to send the committee a letter explaining why he cannot attend a hearing. A formal letter. The Senate President should be furnished. These formal letters are important,” he said.

Gatchalian said the staff of Senator Dela Rosa only notified his own staff that the lawmaker would not be able to defend the budget of the Department of National Defense and other law enforcement agencies, without any explanation for the absence.

The situation is different for Senate employees and other government personnel whose salaries are slashed depending on the number of days they are absent.

“Yes, the no work, no pay applies to Senate employees, depending on their categories. But for the daily wage earners, it applies. I think for lawmakers, it’s a different application. There’s no such application because we are expected to send a letter if we do not report. Senator Bato must be asked if he sent a letter to the Senate President,” he added, noting that the matter of absenteeism may be raised in a caucus.

Rumors have circulated in the Senate claiming that Senator Dela Rosa is hiding after Interior and Local Government Secretary Jonvic Remulla confirmed that the digital copy of an ICC arrest warrant for the senator was already signed electronically.

As of 25 November, however, the Department of Justice stated it has not received any warrant of arrest against Senator Dela Rosa, while the Supreme Court has ordered the DOJ to submit a comment within ten days on the lawmaker’s request for a Temporary Restraining Order.

According to Labor Law PH, “If there is no work performed by the employee, there can be no wage or pay unless, of course, the laborer was able, willing, and ready to work but was illegally locked out, suspended or dismissed, or otherwise illegally prevented from working.”

Teachers’ group pushes suspension

The Alliance of Concerned Teachers (ACT) Philippines called for the suspension of Senator Dela Rosa, accusing the government of applying a double standard by exempting lawmakers from the “no work, no pay” rule.

In a statement Monday, ACT Chairperson Ruby Bernardo lamented that ordinary teachers and workers immediately face salary deductions for absences and must go through an onerous process of filing leave, justifying emergencies, and contesting denied requests, while senators enjoy exemption.

“Tuloy ang sarap ng buhay ni Bato Dela Rosa! Hindi sisipot sa trabaho pero sumesweldo mula sa buwis ng taumbayan. Gagawa ng kasalanan sa mamamayang Pilipino at biglang magtatago at tatakbuhan ang pananagutan,” she said.

Bernardo added that public servants should not have the option to avoid reporting for work.

“They work themselves to the bone, yet they end up paying the salaries of the lazy and abusive, and still get stolen from,” she said.