EARTHQUAKE AFTERMATH: DOLE-7 reminds employers to exercise compassion

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YOUR safety comes first, not your shift.

The Department of Labor and Employment in Central Visayas (DOLE-7) reminded workers and employers that no one should be punished for missing work during a calamity if the absence is due to imminent danger to life and safety.

The reminder came after a magnitude 6.9 earthquake struck off Bogo City on Tuesday night, Sept. 30, killing at least 53 people and injuring over 150 across northern Cebu.

In an advisory released Wednesday, DOLE-7 reiterated provisions under Labor Advisory No. 17, Series of 2022, which states:

“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.”

This means that workers who skip work due to real threats, such as earthquakes, floods, or severe weather, cannot be disciplined or terminated for doing so.

What the law says

The rule is anchored on Article 5 of the Labor Code and Republic Act No. 11058 (Occupational Safety and Health Standards Act), which empowers employers to suspend work during calamities to ensure worker safety.

Under Labor Advisory No. 1, Series of 202,0 and its reiteration in No. 17, Series of 2022, the following pay rules apply during emergencies:

If unworked: “No work, no pay” applies — unless a company policy, collective bargaining agreement (CBA), or favorable practice grants pay, or the worker uses accrued leave credits.

If worked: Full regular pay applies for at least six hours of work; proportionate pay for less than six hours.

Incentives: Employers may give extra pay or benefits to workers who still report despite the risks.

DOLE: Exercise compassion

Labor Secretary Bienvenido E. Laguesma earlier appealed to employers to be understanding of workers who can’t report to work during disasters, especially when their life, limbs, family, or property are at risk.

However, the agency also warned that the policy should not be abused and must only be invoked when there is clear and imminent danger.

“This does not mean that DOLE condones any misuse or abuse. We urge both employers and workers to exercise reason and compassion,” DOLE said.

After the quake

The Philippine Institute of Volcanology and Seismology (Phivolcs) reported the quake struck at 9:59 p.m. Tuesday, 21 kilometers northeast of Bogo City, at a depth of 5 kilometers.

The Cebu Provincial Government confirmed 53 deaths — 30 in Bogo City, 11 in San Remigio, 10 in Medellin, and one each in Sogod and Tabuelan. At least 154 were injured, and hundreds were displaced as aftershocks continued.

Hospitals across northern Cebu remain on high alert.(TGP)