12 THINGS EMPLOYEES NEED TO KNOW ABOUT THE POST-ECQ WORKING

ENVIRONMENT

1. Employers are not liable for employees when they contract COVID-19 if they have SSS and
Philhealth.

Under the guidelines provided by DOLE, when an employee contracts COVID-19, the
employer is generally not liable for medical expenses. The employer is only liable for medical
expenses when the employee is NOT qualified to avail of the benefits under SSS or Philhealth,
AND such disqualification is due to the fault of the employer.1

2. Employers are not mandated to provide shuttle buses to employees. Only "when feasible".

Employers are not always mandated to provide shuttle services to employees. Shuttle
services should only be provided by the employer when it is feasible to do so. Furthermore, the
guidelines provide that the employer can choose between providing shuttle services and/or
decent accommodation on a near-site location2.

3. Employers are not mandated to do mass testing for their employees.

Under the guidelines provided by DTI and DOLE, employers are not required to test their
workers for COVID-19. However, at the employers’ expense, they may test their employees for
COVID-19 provided that they follow DOH protocols. Furthermore, if a company policy on
COVID-19 testing is created, it must be formulated and agreed upon by employers and
employees.3

4. Employers do not need to spend a lot of money to test their staff if they choose to do so.

Employers who choose to test their employees can choose between a polymerase chain
reaction (PCR based test) or a rapid antibody-based test(rapid test). An imported PCR test kit

1 Labor Advisory No. 4, (2020) – Guidelines on 2019 Novela Coronavirus 2019 Prevention and Control at the Workplace.
III. LEAVE OF ABSENCE/ENTITLEMENTS
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Social Security / Employee’s Compensation Benefits
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A worker who contracts 2019-nCOV in the performance of his/her work is entitled to sickness benefits
under the Social Security System and employees’compensation benefits under the PD 626 (EC Law). In the event
that the worker is not qualified to avail of the benefits under SSS or Philhealth due to the fault of the employer,
the employer shall shoulder all the medical expenses until full recovery.
2 DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19
V. DUTIES OF EMPLOYERS AND WORKERS
Employers Shall:
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5. Where feasible, provide shuttle services and/or decent accommodation on near-site location to lessen travel
and people movement.
3 DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19
VII. COVID TESTING
Employers may test workers for COVID-19. Testing kits used and procured shall be the responsibility
of the employer. DOH protocols shall be followed for the testing of workers and interpretation of results in
accordance with DOH Department Memorandum No. 2020-0180: Revised Interim Guidelines on Expanded
Testing for COVID-19, 16 April 2020 and DOH Administrative Order No. 2020-0014: Guidelines in Securing a
License to Operate a COVID-19 Testing Laboratory in the Philippines, 07 April 2020. Company policy on COVID-
19 testing shall be formulated and agreed upon by employers and workers in conformity with the DOH protocols.
costs around P3,000-P8,000 while the test kit developed by UP scientists costs between P2,700-
P3,000. A rapid test on the other hand costs around P400-P700.4

5. Employers can now operate provided they follow DTI and DOLE Health Guidelines in the
Prevention of COVID-19.

Employers whose business operations are allowed to resume by the IATF may operate. 5
However, the employers must observe the minimum health standards provided by, DPWH6,
DOH7, DTI and DOLE8 as applicable in order to resume operations.9

6. Employers WILL send you home for 14 days if one of the employees present during the day
is suspected to be positive for COVID-19.

If an employee is suspected of having COVID-19, the workplace shall be decontaminated

and all employees who were present in the workplace with the suspect COIVID-19 employee
shall go on 14 days of home quarantine while monitoring their symptoms and preparing for
possible next steps. However, if the suspect COVID-19 employee has a negative test result for
COVID-19, the other employees may be allowed to report back to work.10

7. Employers do not need to pay their staff if the staff does not work. They may but there's no
need.

If there is a suspension of work due to COVID-19, and the employee does not work, the
employer is not required to pay the corresponding wage. As an exception, wages must still be
paid if there is a favorable company policy, practice or collective bargaining agreement granting
payment of wages on said day. 11

4 See. https://www.rappler.com/newsbreak/iq/261869-things-to-know-polymerase-chain-reaction-rapid-anti-body-tests,
last accessed 26 May 2020.
5 Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines.
6 Department Order No. 35 (2020) - Construction Safety Guidelines for the Implementation of All DPWH Infrastructure
Projects During the COVID-19 Public Health Crisis.
7 Department Memorandum No. 2020-0220 – Interim Guidelines on the Return-To-Work
8 DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19 dated April 30, 2020.
9 Labor Advisory No.17 (2020) – Guidelines on Employment Preservation Upon the Resumption of Business Operation.
10 DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19
IV. WORKPLACE SAFTEY AND HEALTH
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D. On Reducing the risk of infection from COVID-19
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c. Decontamination of workplace
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iii. Workers present in the work area with the suspect COVID-19 worker shall go on 14 days home quarantine
with specific instructions from the clinic staff on monitoring of symptoms and possible next steps. If suspect
COVID-19 worker has negative result, co-workers may be allowed to report back to work.
11 Labor Advisory No. 01 (2020) – Suspension of Work in the Private Sector by Reason of 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.
 If an employee is absent during the community quarantine period, the leaves of absence
shall be charged against the employees’ existing leave credits.12 Unpaid leaves may be subjected
to the DOLE’s COVID-19 Adjustment Program.13

8. Employers can put their staff on Flexible-Work Arrangements (FWA) following informing
DOLE Seven (7) days prior.

The DOLE recognizes that the adoption of flexible work arrangements are better
alternatives than outright termination of employees. However, employers must consult with the
employees and must notify the DOLE through the Regional/Provincial/Field Office which has
jurisdiction over their workplace.14 Furthermore, the “Establishment Report on Covid-19”
required when filing a notice of a Flexible Work Arrangement must be submitted to the DOLE
Regional/Provincial/Field Office at least one (1) week prior to the implementation of Flexible
Work Arrangement.15

9. Employers can legally put their staff on floating status for a limited number of months
provided certain conditions are met.

The Labor Code provides for a “floating status”, where an employee is not deemed
terminated when there is a bona-fide suspension of the business for a period not exceeding six
(6) months.16 Since work suspension due to COVID-19 is a bona-fide suspension of business for
legitimate and valid reasons, employees may be placed on floating status for a period not
exceeding six months. If the period exceeds six months, the employer must reinstate the employee

12 Labor Advisory No. 11 (2020) – Supplemental Guidelines Relative to Remedial Measures in View of the Ongoing Outbreak
of Coronavirus Disease 2019 (COVID-19).
3. The leaves of absence during the community quarantine period shall be charged against the workers’ existing
leave credits, if any. Remaining unpaid leaves during the said period may be covered and be subject to the
conditions provided in the DOLE’s proposed COVID-19 Adjustment Measures Program.
13 Department Order No. 209 (2020) – Guidelines on the Adjustment Measures Program for Affected Workers Due to the
Coronavirus Disease 2019.
14 Labor Advisory No. 09 S(2020) – Guidelines on the Implementation of Flexible Work Arrangements as Remedial Measure
During the Ongoing Outbreak of Coronavirus Disease (COVID-19).
I. PURPOSE
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The Department recognizes the desirability and practicality of flexible work arrangements that may be
considered by employers after consultation with the employees, taking into account the adverse consequences of
the situation on the financial viability of the company.
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V. POSTING AND NOTICE
Establishments implementing the flexible work Arrangements provided herein shall post a copy of this
Advisory in a conspicuous location in the workplace.
The employer shall notify the Department through the Regional/ Provincial/ Field Office which has
jurisdiction over the workplace of the adoption of any of the above flexible work arrangement. The notice shall
be in the Report Form attached to this Advisory.
15 The “Establishment Report on Covid-19” required to be submitted when filing a notice of a Flexible Work Arrangement
states that “This form should be submitted to the DOLE Regional/Provincial/Field Office at least one (1) week prior to the
implementation of FWA.”
16 Labor Code of the Philippines. Art. 286.
When employment not deemed terminated. The bona-fide suspension of the operation of a business or
undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic
duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former
position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month
from the resumption of operations of his employer or from his relief from the military or civic duty.
to his former position without loss of seniority rights; otherwise there is constructive dismissal
and the employer is liable for separation pay.17

10. Employers CAN legally negotiate for lower wages and wage-related benefits with
employees for a limited time provided there's written mutual agreement.

Employers may temporarily adjust employees’ wages and wage related benefits as
provided for in existing employment contracts, company policies or collective bargaining
agreements. However, the employees must voluntarily agree to such adjustment, the agreement
should be in writing, and the adjustment must not exceed six months or the period agreed upon
in the collective bargaining agreement.18

11. Employers can still legally terminate and lay-off a staff for Just and Authorized Causes
during ECQ, MECQ and GCQ.

The COVID-19 pandemic did not result in the suspension of the Labor Code. While
various guidelines have been published in order to help protect the livelihood of employees
during the pandemic, dismissal of employees for just and authorized causes provided in the
Labor Code are still allowed.

12. Employers can fully close their businesses without their employees' consent so long as they
follow due process

The provisions of the Labor Code regarding closure of businesses are still in effect and
there is no provision in any guideline provided by the national government that prevents
employers from legally closing their businesses during the COVID-19 pandemic. Thus,
employers can still close their businesses as long as they follow the process provided by law.

17 Phil. Industrial Security Agency Corp. vs. Virgilio Dapiton and NLRC, G.R. No. 127421,
18 Labor Advisory No. 17 (2020) – Guidelines on Employment Preservation Upon the Resumption of Business Operation
Section 5. Wages and Wage-Related Benefits. Employers and employees may agree voluntarily and in writing to
temporarily adjust employees’ wage and wage-related benefits as provided for in existing employment contract, company
policy or collective bargaining agreement (CBA).
The adjustments in wage and/or wage related benefits shall not exceed six (6) months or the period agreed upon
in the collective bargaining agreement (CBA), if any. After such period, employers and employees shall review their
agreement and may renew the same.