The Department of Labor and Employment (DOLE) on Monday issued its work suspension protocols as hundreds of workers in Metro Manila and other surrounding areas affected by the hazardous ashfall from the eruption of Taal Volcano during the weekend left them uncertain on whether to go to work or on leave.
On late Sunday evening, President Duterte suspended classes in all levels and work in government offices in Calabarzon, National Capital Region and Central Luzon because of the eruption.
However, he only “encouraged” the private sector to suspend work for the safety of their employees.
Despite warning from the Department of Health (DOH) that exposure from ash from eruption could cause respiratory problems, some workers were still required by their employers to report for work.
Philippine Institute of Volcanology and Seismology (Phivolcs) said the volcanic activity of Taal Volcano could still continue in the coming days.
Leave from work
IN such instances, Partido Manggagawa Chairman Renato Magtubo appealed to companies to take a leave of absence from work because of the health risk posed by the ash.
“We appeal to employers of affected companies to let their workers file vacation leave, emergency leave or service incentive leave with pay until the government declares that the environment on affected areas is safe for people to stay outside their homes and for companies to operate and move their produce to target markets,” Magtubo said.
Trade Union Congress of the Philippines (TUCP) spokesman Alan Tanjusay agreed with Magtubo and asked employers “to relax their tardiness rule and give their employees time and space to be with their families especially those who are displaced.”
He also called business owners to provide cash assistance and provide affected employees with food packs and drinking water.
But as a last resort, organized labor said concerned workers can also exercise their “right to refuse to unsafe” provision of the Republic Act 11058 and the Occupational Safety and Health (OSH) of 2018 if they are still forced to report to go to their workplaces.
“Under the OSH law and its IRR [implementing rules and regulations], the worker has the right to refuse unsafe work, including unsafe working conditions that arise out of natural calamities, such as Taal’s volcanic eruption,” Federation of Free Workers (FFW) Vice President Julius Cainglet said.
However, there were differing interpretations on how private-sector workers could initiate the said right.
Standard procedure
With this in mind, Labor Secretary Silvestre H. Bello III issued Labor Advisory (LA) 01-2020 on Monday stating that it will still be up to the management in coordination with its safety and health committee or health officer to determine if there will be a need to suspend work due to natural or man-made calamity.
Labor Assistant Secretary Benjo M. Benavidez said that is only after an imminent danger in the workplace is established that the right to refuse to go to work sets in.
“If they would like to invoke it, they should communicate and coordinate with their management. That should be [the] first [thing] they should do,” Benavidez told the BusinessMirror via SMS.
Cainglet, however, said workers who are being forced to report for work despite evident the danger that comes with it can contact their safety officers.
“Under the OSH law, a safety officer has the authority to call for a work stoppage if he or she discerns that there is an imminent danger situation in the workplace. This is enough basis administratively, for workers,” Cainglet said.
Other provisions
LA 01-2020 states that workers who “refuse to work due to imminent danger resulting from natural or man-made calamity shall not be exposed or subject to any administrative sanctions.”
“Those who compel employees to work despite of unsafe working conditions, violators will be penalized with P100,000 per day of violation,” Tanjusay said.
The new advisory also stated workers, who will be absent for work during such disasters will not be paid unless the company has a policy or collective bargaining agreement stating otherwise or if they will make use of their leaves credits.
It also noted employees who will be working during disasters will not be entitled to any additional pay, but it did suggest employers to provide “extra incentives or benefits to employees.”