Preserving the Employment of Workers during the COVID-19 Pandemic

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Published — June 1, 2022

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.

Read also: ROLE OF EMPLOYERS AND WORKERS IN THE WORKPLACE DURING COVID-19

After weeks of closure due to the Enhanced Community Quarantine (ECQ) brought about by the COVID-19 pandemic, some non-essential businesses are now allowed to operate provided they observe the health standards issued by to the Department of Trade and Industry (DTI) and Department of Labor and Employment (DOLE) “Interim Guidelines on Workplace Prevention and Control of COVID-19” dated 30 April 2020.  The weeks of closure had resulted to great losses for many businesses. And to assist employers resume their business operations while preserving employment of their workers, the Department of Labor and Employment issued Labor Advisory No. 17 Series of 2020 on 18 May 2020. Following the Labor Advisory, employers may adopt any of the following:

1. Work from Home (WFH) or Telecommuting Work Arrangement. 

Establishments are, when feasible, highly encouraged to adopt work-from-home or implement telecommuting arrangement.

2. Alternative Work Schemes.

            As an alternative to termination of employment or closure of business, any or a combination of the following may be adopted:

1. Transfer of employees to another branch or outlet of the same employer;
2. Assignment of employees to other function or position in the same or other branch or outlet of the same employer;
3. Reduction of normal workdays per day or week;
4. Job rotation alternately providing workers with work within the workweek or within the month;
5. Partial closure of establishment where some units or departments of the establishment are continued while some units or departments are closed; and
6. Other feasible work arrangements considering specific peculiarities of different business requirements.

3. Flexible work arrangements such as:

1. Compressed Workweek
2. Reduction of Workdays
3. Rotation of Workers
4. Forced Leave
5. Broken-time schedule
6. Flexi-holidays Schedule

The Alternative Work Schemes or Flexible Work Arrangements are temporary in nature and shall be adopted for as long as the Public Health Crisis exists.

The employers and employees may also agree voluntarily and in writing to temporarily adjust employees’ wage and wage-related benefits as provided 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. 

Employers are required to report the alternative working schemes adopted; submit duly certified copy of all agreements on alternative working schemes and wage adjustments;   and/or accomplish establishment termination report to the DOLE Regional Office having jurisdiction over their principal place of business. All reporting requirements shall be submitted pursuant to the prescribed form of the Bureau of Working Conditions. 

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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.

All rights reserved.

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