Published — April 10, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from this article about vaccine as a requirement to return to work, read also: DUTIES AND RIGHTS OF WORKERS IN STRENGTHENING THE COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS
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Establishments shall adopt and implement the appropriate vaccination policy in the workplace
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Establishments may procure COVID-19 vaccines, supplies, and other services
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No cost of vaccination in the workplace shall be charged against to the employees
May an employer adopt and implement a “No Vaccine, No Work Policy”?
To settle the issue once and for all, the Department of Labor and Employment (DOLE) has issued Labor Advisory No. 03, Series of 2021 talking about the Guidelines on the Administration of Covid-19 Vaccines in the Workplaces which applies to all establishments and employers in the private sector that administer COVID-19 vaccines in the workplaces.
The Labor Advisory says:
Establishments and employers shall adopt and implement the appropriate vaccination policy in the workplace as part of their Occupational Safety and Health Program. The vaccination policy must be consistent with the guidelines issued by the Department of Health (DOH) and Inter-Agency Task Force (IATF) in accordance with existing laws, rules, and regulations.
Establishments and employers may procure COVID-19 vaccines, supplies, and other services. They may also seek the support of the government agencies int the procurements, storage, transport, deployment, and administration of COVID-19 vaccines.
In the drafting of the vaccination policy, may an establishment or an employer adopt a “No Vaccine, No Work Policy?”
The Labor Advisory says:
No.
Accordingly, establishments and employers shall endeavor to encourage their employees to get vaccinated. However, any employee who refuses or fails to be vaccinated shall not be discriminated against in terms of tenure, promotion, training, pay, and other benefits, among others, or terminated from employment. In other words, said employee is still entitled to all his or her benefits and or rights as an employee
Now, in the implementation of the vaccination policy, employers and employees may ask, “To whom should the cost of the vaccination be charged against?” or “Who shall pay for the vaccines?”
The Labor Advisory says:
No cost of vaccination in the workplace shall be charged against or passed on, directly or indirectly, to the employees. This means that employees will not pay a single centavo for the cost of the vaccines should they decide to get vaccinated in accordance with their employer’s vaccination policy.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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