PSA: Employers Can’t Force You to Work During a Typhoon

(SPOT.ph) Horror stories of employers forcing employees to report to work during severe weather conditions have been making the rounds on social media, showing just how far we still need to go when it comes to putting more value to employee safety over the labor expected of them. But is it even legal for employers to ask their workers to report to work even during terrible weather?

The Department of Labor and Employment (DOLE) has made it clear that employers have no right to force employees to come to work if unable—and they should not face sanctions for it. This is outlined in Section 3 of Labor Advisory No. 17, Series of 2022.

“Employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction.”

Here's the catch: while there are no punishments (so no suspensions or the like), the “no work, no pay” rule still stands.

“Walang parusa pero mag-aapply pa rin ang ‘no work, no pay’ unless may policy ang kumpanya dito,” Atty. Chel Diokno explained in a TikTok video. “Ang pinakamahalaga sa panahon ng sakuna siguraduhing ligtas kayo at iyong pamilya. Kung hindi makapagtrabaho, hindi na dapat dumagdag pa sa problema ang employer ninyo.”

@attycheldiokno Sa panahon ng bagyo, bawal kang piliting pumasok sa trabaho. Alamin ang iyong mga karapatan! #EmployeeRights #DOLE #LegalLifehack #tiktoklawyer #lawyersoftiktok #lawyerphilippines #philippinestiktok ♬ original sound - Atty. Chel Diokno

If you’ve been sanctioned anyway, you can send a complaint directly to DOLE via their Facebook page or email the government agency at hotline1349@dole.gov.ph. Make sure to include your name, address, contact details, and the details of your concern.

Also read: What to Expect as Bebinca Becomes a Typhoon and Enters the Philippines

What does DOLE say about my pay?

In addition, employers in the private sector have the right to suspend work to protect the safety and health of employees during typhoons and similar occurrences.

DOLE specifies the following wage payment rules in the same advisory:

If unworked

Employees are generally not entitled to regular pay if they do not work on a day of suspension unless company policy, practice, or a collective bargaining agreement stipulates otherwise. However, employees can use accrued leave credits they are allowed by the employer.

If worked

Employees who work during the suspension are entitled to their full regular pay, provided they work at least six hours. Those who work fewer than six hours are entitled to a proportionate amount of their regular pay.

Employers are also encouraged to provide additional incentives or benefits to employees who report to work during such conditions.

 Also read: When Work Is Suspended, What Happens to My Pay?