DOLE urges businesses to Pay workers under Quarantine

The Department of Labor and Employment (DOLE) recently drafted a labor advisory that urges businesses to pay workers under quarantine or isolation due to COVID-19.

Labor Undersecretary, Benjo Benavidez stated in a press briefing last Wednesday that the department committed to the advisory after meeting with the Trade Union Congress of the Philippines.

However, as there is no official law, businesses cannot be forced to pay workers in quarantine or isolation.

“Our secretary really wants to mandate the payment of isolation and quarantine leave, but this needs a sufficient legal basis,” Benavidez said.

The proposals for payment are currently still pending at the committee level in both the House of Representatives and the Senate. Although, as Congress has just nine session days remaining it is uncertain whether or not anything will happen with these measures.

This means employees may be forced to use their paid sick leaves or vacation days if they wish to stay on the payroll during regulatory isolations.

While this may seem cruel, many employers simply cannot afford to keep paying isolated or quarantined workers. Most of these employers run MSMEs, these enterprises account for over 90% of the country’s businesses and employ roughly 63% of the domestic 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.

However, according to the Philippine Chamber of Commerce and Industry and Employers Confederation of the Philippines, most employers already pay their quarantined/isolated employees.

“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.”

Ortiz-Luis noted that the problem lies with smaller businesses that are unable to pay regular salaries, much less leave additional credits.

Instead, he urges government agencies such as the SSS, the Employees Compensation Commission, and the Philippine Health Insurance Corp. to aid MSMEs.

The TUCP has claimed that the advisory is acceptable 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.

Source: Philstar