[This is the full text of Department of Labor and Employment Advisory No. 1, series of 2020, on the suspension of work in the private sector by reason of natural calamity or man-made calamity. Incidentally, President Rodrigo Duterte President Rodrigo Duterte issued Proclamation No. 929, declaring a state of calamity throughout the Philippines due to the coronavirus 2019 disease (Covid-19).]
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
LABOR ADVISORY No. 01
Series of 2020
SUSPENSION OF WORK !N THE PRIVATE SECTOR BY REASON OF NATURAL OR MAN-MADE CALAMITY
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 the 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 on 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.
Be guided accordingly.
SILVESTRE H. BELLO III, Secretary
13 January 2020
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