Dole issues work suspension, pay guidelines during stormy days
AS TYPHOON Tino batters parts of the Visayas, the Department of Labor and Employment (Dole) has reminded private employers and workers of the labor rules governing work suspension and pay during weather disturbances.
In its latest labor advisory, the agency clarified that private companies have the prerogative to suspend work during severe weather, but must do so in coordination with their safety and health committees or designated safety officers to ensure employee welfare.
“Employers in the private sector may, 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,” Dole stated.
The advisory, issued pursuant to Article 5 of the Labor Code and Republic Act No. 11058 or the Occupational Safety and Health Standards Law, lays down clear rules on payment of wages and employee protection in times of dangerous weather conditions.
Pay rules during work suspension
Under Dole guidelines, if work is suspended and an employee does not report for duty, they are not entitled to regular pay, unless the company has a policy, practice, or collective bargaining agreement (CBA) that grants payment on such days.
Employees may also opt to use their accrued leave credits to cover the day’s pay.
However, those who report for work during a weather disturbance are entitled to their full regular pay if they render at least six hours of work.
“If less than six hours of work is rendered, the employee shall only be entitled to the proportionate amount of regular pay, without prejudice to any company policy or practice more beneficial to the employee,” the advisory noted.
Dole also encouraged employers to provide extra incentives or benefits to employees who report to work despite the weather disturbance, “to alleviate their plight during such conditions.”
No sanctions for absences due to danger
The labor department stressed that employees who fail or refuse to work due to imminent danger caused by severe weather should not be penalized or subjected to disciplinary action.
“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,” Dole stated.
This protection applies particularly to workers who may be unable to report due to flooding, impassable roads, or other risks to life and safety.
Public vs. Private work suspension
Work suspensions in public offices are usually declared by the Office of the President, local government units (LGUs), or relevant government agencies.
In the private sector, however, the decision rests with individual employers, subject to coordination with safety officers and the Dole advisory.
Private establishments are also encouraged to adopt flexible work arrangements, such as work-from-home setups or adjusted schedules, to minimize disruption while prioritizing employee safety.
Cebu under Red Alert
Cebu City remains under Red Alert Status as disaster authorities brace for the impact of Typhoon Tino, which is expected to bring torrential rains, strong winds, and possible flooding.
Mayor Nestor Archival earlier directed all essential city offices, utilities, and emergency teams to stay on duty while urging private companies to consider flexible work setups in line with Dole’s advisory.
“We understand that safety comes first,” Archival said. “We encourage private establishments to implement measures that allow their workers to stay safe while ensuring continuity of essential services.”
The Cebu City Disaster Risk Reduction and Management Council continues to monitor developments as the storm moves closer to the Visayas, with classes suspended in all levels from Nov. 3 to 5.(TGP)