Atty. Enrico Errol D. Angeles & Mary Katherine B. Alampay
[Authors’ Notes: This article has been updated as of May 8, 2020.]
On March 16, 2020, the Office of the President, through Presidential Proclamation No. 929, declared a State of Calamity throughout the Philippines due to the coronavirus disease (“COVID-19”), and imposed Enhanced Community Quarantine throughout Luzon until April 12, 2020. Below is a Q&A on the general legal implications of the imposition of the Enhanced Community Quarantine as well as the other issuances from the relevant governmental agencies pertaining to the employment matters.
Frequently Asked Questions:
1. What is the legal implication of the Enhanced Community Quarantine to the employers?
Business Process Outsourcing establishments and export-oriented industries shall also remain operational.
2. Does this mean that businesses which do not fall under the lines of business enumerated above should not operate?
4. Which establishments are affected by the CAMP?
5. What is the legal implication of the Enhanced Community Quarantine period to the employment status of the employees?
Employees who fail or refuse to work by reason of imminent danger resulting from natural calamities shall not be exposed to or subject to any administrative sanction.[1]
6. What is the general rule for compensation of employees during the Enhanced Community Quarantine period?
7. Are there any exceptions?
8. What happens if the employees have already consumed all their available leaves and/or they refuse that the days they are
not required to work be charged to their remaining leaves?
9. Is there any requirement under the law for employers to provide financial assistance to employees during the
Enhanced Community Quarantine Period?
However, large establishments are encouraged to cover the full wages of employees within the one (1) month Enhanced Community Quarantine period.[5]
Business Process Outsourcing establishments and export-oriented industries shall also remain operational.
13. Does this mean that businesses which do not fall under the lines of business enumerated above should not operate?14. What is the period of coverage of the CAMP?
15. Which establishments are affected by the CAMP?
16. What is the legal implication of the Enhanced Community Quarantine period to the employment status of the employees?
Employees who fail or refuse to work by reason of imminent danger resulting from natural calamities shall not be exposed to or subject to any administrative sanction.[10]
17. What is the legal implication of the Enhanced Community Quarantine period to the employment status of probationary employees?
18. Since the Enhanced Community Quarantine period was extended to April 30, 2020 and then to May 15, 2020, are the said periods still not included in determining the six-month probationary period?
19. What is the legal implication of the Enhanced Community Quarantine period to legitimate contractors whose Certificate of Registration expired or expires within the said period?
20. What is the general rule for compensation of employees during the Enhanced Community Quarantine period?
21. Are there any exceptions?
22. What happens if the employees have already consumed all their available leaves and/or they refuse that the days they are not required to work be charged to their remaining leaves?
23. Is there any requirement under the law for employers to provide financial assistance to employees during the Enhanced Community Quarantine Period?
No, this will be at the employer’s discretion.
However, large establishments are encouraged to cover the full wages of employees within the one (1) month Enhanced Community Quarantine period.[14]
24. Is there any financial assistance from the government available to employees who have used up their leaves?
Employees who have used up their leaves may be entitled to one-time financial assistance from the DOLE under CAMP. It is a safety net program meant to offer financial support affected employees in private establishments that have adopted FWAs or temporary closure during the COVID-19 pandemic.[15] Under CAMP, such affected employees may avail of lump-sum, non-conditional financial assistance equivalent to Php5,000.00, regardless of employment status[16] (i.e. permanent, probationary, or contractual[17]).
Employers who have implemented an FWA or temporary closure due to the COVID-19 pandemic.[18] Employees working in micro, small, and medium enterprises are given priority.
[4] DOLE Labor Advisory No. 04-20 Series of 2020
[5] DOLE Department Order No. 209 dated March 17, 2020
[9] DOLE Department Order No. 209 dated March 17, 2020
[10] DOLE Labor Advisory No. 01 Series of 2020.
[11] DOLE Labor Advisory No. 01 Series of 2020.
[12] DOLE Labor Advisory No. 04-20 Series of 2020 and DOLE Labor Advisory No. 11-20 Series of 2020
[13] DOLE Labor Advisory No. 04-20 Series of 2020
[14] DOLE Department Order No. 209 dated March 17, 2020