With the Philippines frequently battered by successive typhoons, Filipinos continue to endure torrential rains, fierce winds, and, worse, floods that endanger lives and place families at risk. During such times, public attention is often drawn to government declarations suspending classes or work. Yet, curiously absent from many discussions is the situation in the private sector — specifically, the consequences when an employee refuses to report to work due to hazardous weather.
Labor Advisory 16, series of 2022, issued by the Department of Labor and Employment (DoLE), squarely addresses this often-overlooked concern. Entitled “Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences,” the advisory outlines rules on pay and accountability when private establishments suspend work or when employees fail or refuse to work in times of calamity.
First, the advisory affirms the right of employers to exercise management prerogative and suspend work during adverse weather conditions, provided such decision is made in coordination with the company’s safety and health committee or designated officer. The intent is clear: ensure employee safety.
Second, it lays down the pay rules during such suspension. If an employee does not work during the declared suspension, he or she is not entitled to regular pay — unless the company has a more favorable policy or practice, or there is a collective bargaining agreement that covers payment for such days. Similarly, employees may be allowed to use their accrued leave credits, if any, to cover the lost day.
However, if an employee reports for work and is permitted or required to render services during the suspension, he or she must be paid regular wages — provided that at least six hours of work have been rendered. If the rendered work is less than six hours, only proportionate pay applies, unless company policies provide otherwise.
The advisory also encourages private companies to offer additional incentives or benefits to those who brave inclement weather and report for work. This recognition — though not mandatory — serves as a nod to employee commitment during difficult times.
But perhaps the most notable provision is found in Section 3 of the advisory. It expressly states that employees who fail or refuse to report to work due to “imminent danger” arising from weather disturbances shall not be subject to any administrative sanction. This is a significant recognition of the realities faced by many Filipino workers, especially those who rely on public transportation, live in flood-prone areas, or must traverse perilous routes to reach the workplace.
In effect, the Labor Advisory acknowledges that survival and safety cannot be subordinated to productivity. When an employee deems it too dangerous to report for work, such decision should not result in penalties. It is a humane, sensible, and necessary policy stance.
Indeed, the Philippines’ geography and climate make it vulnerable to natural calamities. It is only right that labor regulations be responsive to these realities. The advisory strikes a delicate but essential balance — respecting management prerogative while upholding employee welfare.
Ultimately, employers and employees must work together to build a workplace culture that values life and safety, especially in times of national crisis. Labor Advisory No. 16 serves not only as a legal framework, but as a reminder that, in the face of nature’s fury, compassion and reason must guide our decisions.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.