Draft DOLE advisory urges businesses to pay workers under quarantine
MANILA, Philippines (Update 1, 5:38 p.m.) — The Department of Labor and Employment has drafted a labor advisory urging businesses to pay their workers who are under quarantine or isolation due to COVID-19.
Labor Undersecretary Benjo Benavidez said Wednesday in a press briefing that they committed to come out with a labor advisory on paid quarantine and isolation days after a meeting with the Trade Union Congress of the Philippines on Tuesday.
The advisory, however, cannot force businesses to pay their workers while in quarantine or isolation, as there is still no law requiring this.
“Our secretary really wants to mandate the payment of isolation and quarantine leave, but this needs a sufficient legal basis,” Benavidez said.
Proposals for workers to get paid while under quarantine or isolation are still pending at the committee level in both the House of Representatives and the Senate.
With Congress having only nine session days left before it adjourns for the campaign period, it is uncertain whether these measures will see the light of day.
This leaves workers at the mercy of company policies, which may introduce additional leave credits for quarantining or isolating, but may also force workers to use their existing paid sick and vacation days.
At the same time, not all employers can afford to keep their sick employees paid. Micro, small and medium enterprises — many of which were smashed by the pandemic — account for over 90% of Philippine businesses and employ about 63% of the local workforce.
“If the employer gives isolation or quarantine leave credits through a company policy or based on generosity, this is allowed. This is what our labor advisory will contain,” Benavidez said.
But as it stands, "most" members of industry groups Philippine Chamber of Commerce and Industry and Employers Confederation of the Philippines already pay workers during their quarantine or isolation period.
"We don't have to be ordered to be able to do that," PCCI and ECOP president Sergio Ortiz-Luis told Philstar.com in a phone call. "The relationship is such now that we understand the plight of the workers, so the companies who are our members, a lot of them really pay for their workers' quarantine time."
The problem, Ortiz-Luis pointed out, is with smaller businesses who may not even have enough capital to pay regular salaries, let alone additional leave credits.
He said the government should step in through the Social Security System, the Employees Compensation Commission and the Philippine Health Insurance Corp. to aid these companies
TUCP, which earlier claimed that the DOLE is mandating paid quarantine and isolation days for workers, said encouraging businesses to pay their employees during this period is “alright” as “many responsible employers will respect, abide and comply with the advisory.”
“A paid isolation and quarantine leave benefit will encourage employees to faithfully undergo isolation and quarantine at the first instance of the symptoms to protect themselves. As a consequence, this will protect the health and safety of the rest of the co-employees. and business continues to operate and remain productive and competitive,” said Mendoza, who also represents TUCP in the House.
Editor's note: Added comments from ECOP president Sergio Ortiz-Luis.
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