DOLE Advisory: Work Suspension in Private Sector Due to Calamity

This is the latest DOLE Memorandum regarding work suspension in private sector due to natural or man-made calamity.

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Labor Advisory No. 01 Series of 2020 | Work Suspension in Private Sector

Pursuant to Article 5 of the Labor Code of the Philippines, as amended, and Republic Act No. 11058, the following is issued:

Section 1. Suspension of Work

Except as provided for by law or appropriate proclamation, employers in the private sector shall, in the exercise of management prerogative and in coordination with the safety and health committee, or safety officer, or any other responsible company officer, suspend work to ensure safety and health of their employees during natural or man-made calamity.

Section 2. Payment of Wages

The following pay rules shall apply:

(a) If unworked – No pay, unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment of wages on said day. When the employee has accrued leave credits, he/she may be allowed to utilize such leave so that he/she will have compensation in said days.

(b) If worked – No additional pay shall be given to the employees but only their salary on said day.

To alleviate the plight of employees in times of natural or man-made calamity, the employers may provide such extra incentives or benefits to employees who reported to work on the said days.

Section 3. No liability in Case of Failure or Refusal to Work

Employees who fail or refuse to work by reason of imminent danger resulting from natural or man-made calamity shall not be exposed to or subject to any administrative sanction.

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Copy of the Private Work Suspension Memo

DOLE Advisory on Private Work Suspension

Source: DOLE-Bureau of Local Employment

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