Even if they are considered government employees paid with the taxes contributed by the Filipino people, senators are exempt from the “no work, no pay’” rule.

The question was raised to Senate Committee on Finance chairperson Sherwin Gatchalian in an online press conference on Monday regarding the nearly month-long absence of Senator Ronald “Bato” dela Rosa from the Senate.

“Based on my knowledge, there is no ‘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. The Senate President should be furnished a copy. These formal letters are important,” he said.

Gatchalian said Dela Rosa’s staff only notified his staff that he would not be able to defend the budget of the Department of National Defense, among other law enforcement agencies, with no explanation why he would be absent.

The situation is different for Senate employees and other government personnel, as their salaries would be slashed based on the number of days they are absent.

Different for employees

“Yes, the no work, no pay applies to Senate employees, depending on their categories. 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 said, adding that they will raise the issue of absenteeism in a caucus.

Talk circulating in the Senate is that Dela Rosa is in hiding after Interior and Local Government Secretary Jonvic Remulla confirmed that a digital copy of the arrest warrant for Dela Rosa from the International Criminal Court (ICC) had been electronically signed.

But as of 25 November, the Department of Justice said it had not received a warrant of arrest for  Dela Rosa, while the Supreme Court had asked the DoJ to issue a comment in 10 days on the Temporary Restraining Order (TRO) filed by the senator.

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

Bato’s suspension sought

With this, the Alliance of Concerned Teachers (ACT) Philippines has called for the suspension of Dela Rosa, calling it a double standard when lawmakers are exempted from the “no work, no pay” rule.

In a statement on Monday, ACT Chair Ruby Bernardo lamented that teachers and workers are immediately penalized with salary cuts for absences and forced into an onerous process of filing leaves, explaining emergencies, and contesting denied requests, while senators enjoy exemption from such rules.

“Bato de la Rosa’s life continues in comfort. He skips work but still gets paid with taxpayer money. He commits wrongs against the Filipino people, then suddenly hides and runs away from accountability,” she said.

She said teachers “work themselves to the bone, yet they end up paying the salaries of the lazy and abusive, and still get stolen from,” she said. -30-