Effect on Employee Wage for Work Suspensions Due to Weather Disturbances
This article talks about the rights of employers and employees during work suspension based on weather disturbances, including payment and non-payment of wages during such time.
The Philippines, frequently battered by typhoons and other natural calamities, faces recurring disruptions in work arrangements. While government declarations often guide public sector suspensions, private establishments exercise discretion under their management prerogative. This raises critical questions about employee compensation and accountability when work is suspended or refused due to hazardous conditions.
Management Prerogative to Declare Work Suspension in the Private Sector
Issued by the Department of Labor and Employment (DOLE), Labor Advisory No. 16-2022 provides guidance for private sector employers during weather-related work suspension such as typhoons, storms and severe flooding. It affirms that employers, 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 the safety and health of their employees during weather disturbances and similar occurrences.
Should Employees Receive their Wage for Work Suspension Due to Inclement Weather?
The short answer is no. Under DOLE Labor Advisory No. 16-2022, if the employee did NOT work on the day of the work suspension, he is not entitled to regular pay. The exception is there is a favorable company policy, practice or collective bargaining agreement granting wages on said day. Another exception is when the employee is allowed to utilize his accrued leave credit for such work suspension.
Should Employees Receive their Wage for Work Suspension Due to Inclement Weather if they worked partially on such day?
The answer is yes. Under DOLE Labor Advisory No. 16-2022, the employee is entitled to full regular pay PROVIDED he has rendered work for not less than six (6) hours. However, if he worked for less than six (6) hours, the employee shall only be entitled to the proportionate amount of the regular pay, without prejudice to existing company policy or practice more beneficial to the employee.
Employers are encouraged but NOT mandated to provide extra incentives or benefits to employees who reported to work on such days.
Can Employees be Punished for refusing to work due to weather disturbances?
No. Section 3 of DOLE Labor Advisory No. 16-2022 states that 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.
Labor Advisory No. 16-2022 and relevant jurisprudence affirm the primacy of employee safety during weather disturbances. While employers retain management prerogatives, these must be exercised in good faith, with due regard for labor rights. On the other hand, although employees may not work during such work suspensions, it does not oblige companies to pay for wages during such work suspension.
About Nicolas and De Vega Law Offices
Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.
