• 2 months ago
Pagpilit sa mga empleyado na pumasok kahit may bagyo o sakuna

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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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