Balanced advice concerning the COVID vaccination for employees

As an experienced HR and labor relations professional with more than 40 years of experience and as a former DOLE undersecretary, labor arbiter, and labor attaché, I have been asked to give my advice based on my understanding of the issue of anti-COVID vaccination in relation to existing labor laws and social legislations, as well as in accordance with the generally-accepted practice of Philippine HR and labor law. The following is a balanced opinion on the matter.

First, there is no law that compels employers or their service contractors to give free vaccines to all employees, except if the management itself considers free vaccines as part of the health protocols, required under Department Order no. 198, and volunteers to give free vaccine out of its own volition, just like what large companies are doing for its employees Someone told me that San Miguel Corp., where I worked for 12 years as director for employee relations, is giving these privilege to its own people.

Second, if and when management decides to give free vaccine to its employees, DOLE Secretary Silvestre Bello clarified that these employees cannot be compelled get vaccinated. That is a human right. The employee himself can decide. There should be no compulsion by the employer, much less threats of punishment for not complying.

Third, if an employee decides not to be vaccinated, he or she cannot be subjected to any disciplinary action for insubordination, prevented from entering company premises, or subjected to any form of discrimination. However, it’s my considered view that said employees who refused vaccination may be temporarily quarantined inside the same company premises but in isolation from the majority of the employees who got vaccinated. To my mind, isolation isn’t a punishment or a form of discrimination. This is a valid exercise of management prerogative, motivated by a sincere objective to protect the greater good. If the minority employees' right is respected, then they should also respect the rights of the majority to be protected from infection.

Fourth, if the employee accepts the vaccine and agrees to be vaccinated, and he or she suffers from any complication, the company cannot be held liable for said hazards because the company isn’t an insurer of the accuracy and effectiveness or of the safety of the said vaccine. The government has accepted the vaccine as safe and we, the people, should trust the competence and the good intentions of our lawful authorities.

Fifth, if an employee suffers from infection while doing work in the office, in the performance of his or her official functions, the company should not be held liable because management has taken all the precautions and the employer has fully complied with Book 4 of the Labor Code, as well as Dole DO 198. The employees can get the benefits not from the company but from the agencies, like the SSS and the Employee Compensation Commission. Management has already complied with law when it contributes every month to these two agencies.

Sixth, any disease, disability and death arising from COVID infection is not the fault of the company and management has no liability whatsoever, except a moral and spiritual duty as Christians to help on a voluntary basis. Many employers have company policies adopted on their own but are not imposed by law.

Seventh, during this pandemic, both management and personnel are taking risks. We can't keep on blaming management or the government. We also have responsibility for our own health and safety by strictly following all health protocols. We need to balance between health protection and the need to revive our business. If we don’t die of COVID, we shall die of hunger.

Eighth, employees cannot blame management for all that will happen to them. They do not stay in the office 24 hours. They go to their homes, take public transport and go to other public places. They cannot make a conclusion that all things that happen to them are caused by their office presence.

Ninth, management and personnel should help each other, and not blame each other. We need to help our people but the employees should also help the company.

Tenth, we should not rush to DOLE or NLRC. We need to discuss with our employers first and try to listen. Governments should also be more balanced in their enforcement of labor laws. They cannot keep on killing the goose that lays the golden eggs.