18 September 2019

PHILIPPINE RESINS INDUSTRIES, INC.

PAF Industrial Park
Batangas Dos, Mariveles
Bataan

Attention: Mr. Orlando A. Asuncion II

Assistant Vice-President
General Services

Gentlemen:

We write in relation to your request for review on your company policy on

hazard pay.

At the onset, we inform you that your policy complies with Republic Act
No. 10657, otherwise known as the “Chemistry Profession Act”, its Implementing
Rules and Regulations and other pertinent guidelines particularly on the grant of
hazard pay to registered chemists and registered chemical technicians assigned
under Quality Control Section and working in the chemical laboratory. Further,
the subject policy does not violate the equal protection clause of the Philippine
Constitution in relation to the factors and levels of exposure that serve as bases for
the distinctions and/or categories. The coverage groups rest on substantial
distinctions such as the position, work task and/or work assignment that entail
occupational risks and hazards. Additionally, the distinctions/categories are
germane to the purpose of the law which is to compensate employees performing
work under hazardous or dangerous conditions. Lastly, these
distinctions/categories apply equally to all members of your workforce.

However, for clarity, we suggest that the chemists who are the ones covered
by the law be treated separately. For example, do all your chemists work inside
the laboratory? Are there others working outside of the area/s where the risks are
lesser like production, maintenance, office, etc.? If there are, just create a separate
columnar presentation for the chemists alone. Otherwise, just describe them as a
group regardless of their work assignment/s.

With respect to other employees who are not chemists and therefore outside
of the strict coverage of the “Chemistry Profession Act” and its implementing rules
and regulation, the additional compensation or hazard pay given to them, though
smaller than that those of exposed to the occupational risks and hazards in your
company, is based on humane considerations and pure generosity of the company.
As such, a separate columnar presentation as to them is necessary.

Finally, in order to enable to Company to consider the grant of hazard pay

to non-covered employees in relation to any future law or issuance on hazard pay
to those employees, you may place this provision, to wit:

“5. Future enactment of similar laws and/or issuance of

rules and regulations on hazard pay. The company reserves the
right to consider the present grant of hazard pay to non-covered
employees as partial or full compliance, as the case may be, of any
law, rules and regulations on hazard pay that may be enacted
and/or issued by the government in favor of any or all of these
categories/groups of non-covered employees.”

We trust that we were of assistance to you. If you have further queries,

please do not hesitate to call us.

Very truly yours,

VASQUEZ BRETAÑA & SIBAL-PULIDO

By:

RAUL T. VASQUEZ

MARY KRISSEIN M. GOMEZ