Pagpilit sa mga empleyado na pumasok kahit may bagyo o sakuna

PTVPhilippines

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Transcript

00:00The first thing we will discuss this morning is for our employees.

00:03The recent typhoons have been one after another and many of us have not been able to go to work.

00:09But did you know that we are protected by the law?

00:11In times like this, let's take a look at this.

00:15Ma'am, I will live because of the typhoon.

00:19No, I will not be able to go to work.

00:21It's raining heavily.

00:24What about your work?

00:26Are you also one of those who were not allowed to absentee because of the typhoon and the storm?

00:30Or are you the boss who is forced by an employee to go to work even if it's dangerous?

00:36Wait a minute. Relax.

00:38Did you know that an employee has the right to not go to work,

00:43especially during a calamity or typhoon?

00:46According to Labor Advisory No. 17, Series of 2022,

00:50which was issued by the Department of Labor and Employment.

00:54Let's find out some labor rights and the right to be safe during this rainy season

00:58here in Rise and Shine, Philippines.

01:03And ladies, to clarify what Labor Advisory No. 17, Series of 2022 contains,

01:10we will listen to Atty. Alexandra Garcia-Soledad.

01:14Good morning, Atty.

01:16Audrey Griseta and Tengere.

01:17Good morning.

01:19Good morning to all of us.

01:21Labor Advisory No. 17, Series of 2022 was re-established by DOLE

01:27so that employers in the private sector can sustain their work

01:32to ensure the safety and well-being of our employees

01:37during weather disturbances or similar occurrences.

01:41It is based on Article 5 of our Labor Code and Republic Act No. 11058.

01:48So, workers' right to know, right to safety and health at work shall be guaranteed.

01:53So, that is guaranteed by our law.

01:57Atty., aside from typhoons, what other types of calamities or occurrences

02:04can be applied for the protection of our employees, Atty.?

02:11Yes, Ma'am Dian.

02:13So, due to the geographic location of the Philippines and our tropical climate,

02:18we are prone to a wide range of calamities such as El Niño, El Niña.

02:25So, to everyone's knowledge, we experienced a very high temperature

02:30from February to June.

02:34So, those times can also be compared to the weather disturbances

02:40as stated by DOLE Advisory No. 17-2022.

02:44Atty., there are employees who contracted the No Work, No Pay policy.

02:50Do they also have protection under this law?

02:55Yes, sir.

02:57Employees under the No Work, No Pay policy are also guaranteed

03:04or protected by the DOLE Labor Advisory.

03:07For example, if they do not go to work,

03:12they cannot be forced to go to work.

03:17And usually, like the daily wage earners,

03:22our usual rule is that they will be given 130% of their salary

03:27if they go to work.

03:29That is why we always need to look at the DOLE Labor Advisories

03:34because there are times when they say that it should only be 100%

03:39instead of the 130%.

03:41So, if they do not go to work,

03:44they are also not entitled to their regular salary for that day.

03:49Atty. Soledad, if an employee really needs to go to work,

03:56if he needs his presence to work on the operations of a business,

04:02can he ask for hazard pay?

04:05For example, if there is a storm and he is forced to go to work.

04:12Okay, sir.

04:13In those situations,

04:16for example, if an employee refuses to go to work

04:20or is forced to go to work,

04:22they will not be subject to any administrative sanctions.

04:26So, they cannot be given a penalty by their employer.

04:29With regard to hazard pay,

04:32we have certain rules and labor advisories

04:36that say who are the employees entitled to hazard pay.

04:42So, what is hazard pay?

04:47Hazard pay is usually given to employees

04:51if their health or safety is threatened

04:54because of the nature of their work.

04:57For example, doctors, nurses, or other medical practitioners,

05:02or other employees in the private sector

05:08whose work is very dangerous.

05:11For example, construction workers.

05:13If there is a storm, you cannot mandate them to go to work

05:19because the construction site will be in danger.

05:22That is the nature of employment.

05:25Attorney, in our experience,

05:27there are instances where there is a strong storm

05:31but there is no heavy rainfall

05:34or it does not cause flooding.

05:36So, an employee can still go to work.

05:39In this kind of situation,

05:41on the side of our employer,

05:43if it happens that employees can go to work

05:48but the storm brings only wind

05:51and we are not limited in transportation,

05:55does the Labor Advisory No. 17 dictate anything about this?

06:02Yes, sir.

06:03So, even if there is no storm,

06:06strong wind, or heavy rainfall,

06:09as long as there is an imminent danger

06:11based on what's happening in the Philippines,

06:15usually, employees do not go to work

06:19because they are preempted or they see

06:22that, for example, it is not raining this morning

06:25but the sky is already dark.

06:28So, in the afternoon,

06:29we will know, we will predict that it might rain,

06:33they may not go to work.

06:34So, what will happen is that they are not entitled to their salary for that day.

06:39For example, if an employee goes to work,

06:42if an employee goes to work,

06:44he is entitled to his full salary on that day

06:48if his working hours are greater than or equal to 6 hours.

06:54What if it is less than 6 hours?

06:57So, his salary will be proportionate for that day.

07:00And then, again, we have exceptions to the rule

07:04if there is a company policy,

07:06collective bargaining agreement, or company practice

07:09that states that even if an employee goes to work,

07:13regardless if it is 6 hours at least or not,

07:17he is still entitled to his full salary.

07:20Second, it is also possible that if there is a company policy,

07:25collective bargaining agreement, or other agreements in the company

07:28that states that even if he does not go to work,

07:31he is still entitled to his full salary,

07:33it is also possible.

07:34So, as a general rule,

07:36if he goes to work for several hours,

07:396 hours at least or less than 6 hours,

07:42his wage is proportionate.

07:44If he does not go to work,

07:46as a general rule,

07:48he does not receive a salary for that day.

07:51But he is not forced to,

07:52his employer can force him.

07:54And if he does not go to work,

07:56he cannot receive an administrative sanction.

08:02Just to be clear also, Atty.,

08:04let's say that an employee did not go to work,

08:07and he was not able to inform his company,

08:09and then his company told him,

08:12that is the reason for you to be fired.

08:15Is this right?

08:18That is a good question, Ma'am Dianne.

08:20Because it is usual now in our institutions or employers,

08:27that they do not know or they are violating our law.

08:31An employee cannot receive an administrative sanction

08:34if he did not go to work.

08:36Whether he informs his employer or not,

08:39and regardless if there is a government sanction,

08:43suspension or not.

08:44Based on common sense,

08:47if there is a storm or the weather is bad,

08:52if the employee did not go to work,

08:54he cannot be forced to go to work,

08:57or he cannot receive an administrative sanction,

09:01which is usually the basis for dismissal.

09:04So if that is the reason of an employer,

09:07that is a possible ground for illegal dismissal.

09:11Okay, aside from that, Atty.,

09:13under Labor Advisory No. 17,

09:16what are the responsibilities of an employer

09:18if they are giving an administrative sanction

09:22and their employees are not allowed to go to work whenever there is a storm?

09:27Okay, so usually, sir,

09:29what happens when our employers force their employees to go to work,

09:35even though it is obvious that the weather is bad,

09:38not suitable for the employees to go to or report to work,

09:42the sanction is usually,

09:45normally, the employee will file a case,

09:51because the DOLE does not know if there will be no report.

09:56So our usual practice,

09:58we advise that we settle the matter first internally

10:02if the employee's salary is affected,

10:04he needs to report to HR.

10:06He will file a complaint internally to the company

10:10before filing a complaint to DOLE.

10:13Because we know that our companies usually have HR,

10:20so the HR should be equipped with the rules and regulations

10:24and other labor advisories.

10:26The moment they violate these,

10:28there will be penalties,

10:31especially if the employee feels that he is being discriminated against

10:38or his salary is reduced

10:41or he was not given a salary when he went to work.

10:45So our employees are protected

10:47because the weather disturbances are not the employees' choice.

10:53The employees usually want to go to work

10:57so that they have a salary and a source of income.

11:00For that day or for the week,

11:02and their salary will not be reduced.

11:05Lastly, what are the possible penalties

11:10if it is proven that this is an illegal dismissal

11:14or why the salary was reduced,

11:16the employee was not able to go to work,

11:19what are the possible penalties?

11:21The possible penalties are if the employer

11:27has proven that this is the only basis

11:32for dismissing an employee,

11:35this is an illegal dismissal,

11:37and if the employee was not paid,

11:40the employer must pay for it,

11:42including the damages

11:45determined by DOLE, NLRC, or HR.

11:50Or NLRC or to the courts

11:53on where the case is going or where the case is.

11:56Thank you for all the information

11:58that you shared with us this morning.

12:00We were able to hear Atty. Soletad.

12:02Thank you again.

12:03Thank you Atty.

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Transcript

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