Professional Documents
Culture Documents
11469
“BAYANIHAN TO HEAL AS ONE ACT”
Approved: March 24, 2020
Important Points:
The “Bayanihan to Heal As One” Act empowers the National Government to provide an
emergency subsidy to 18 million low-income families. The subsidy shall amount to a minimum
of Php 5,000 to a maximum of Php 8,000 a month for two (2) months to provide basic food,
medicine, and toiletries.
g) Partner with the private sector and other stakeholders to deliver these
measures and programs quickly and efficiently.
Provided, further, that the subsidy shall be computed based on the prevailing
regional minimum wage rates,
Provided, finally, that the subsidy received from the current conditional cash
transfer program and rice subsidy shall be taken into consideration in the
computation of the emergency subsidy as provided for in this Act.
z) Move statutory deadlines and timeliness for the filing and submission of any
document, the payment of taxes, fees, and other charges required by law, and
the grant of any benefit, in order to ease the burden on individuals under
Community Quarantine;
bb) Provide for a minimum of 30-day grace period on residential rents falling
due within the period of the enhanced community quarantine, without
incurring interests, penalties, fees, and other charges;
Section 6 Penalties. – In addition to acts or omissions already penalized by existing laws, the
following offenses shall be punishable with imprisonment of 2 months or a fine of
not less than P10,000 but not more than P1 million pesos, or both, such
imprisonment and fine, at the discretion of the court:
e) Refusal to provide 30-day grace periods provided under Section 4;
OTHER AGENCIES
That implemented guidelines pursuant to the Bayanihan Act of 2020
The Cooperative Development Authority (“CDA”) issued a Memorandum dated April 2, 2020
on their adherence and Compliance with Section 4 (AA) of Republic Act No. 11469.
The Department of Budget and Management (“DBM”) issued a Local Budget Circular No. 124
dated March 26, 2020 implementing Policy Guidelines on the Provision of Funds by LGUs for
programs, projects and activities to address the COVID-19 situation.
The Commission on Audit (“COA”) issued a Joint Memorandum Circular No. 1 dated March 26,
2020 implementing an Emergency Procurement by the Government during a State of Public
Health Emergency Arising from the COVID-19.
DOLE recognizes the desirability and practicality of FWAs that may be considered by
employers after consultation with the employees, taking into account the adverse
consequences of the situation on the financial viability of the company.
FWAs refer to alternative arrangements or schedules other than the traditional or standard
workhours, workdays and workweek. The effectivity and implementation of any of the FWAs
shall be temporary in nature, subject to the prevailing conditions of the company.
3) To facilitate the resolution of grievances, employers are required to keep and maintain,
as part of their records, the documentary requirements proving that the flexible work
arrangement was adopted.
The employer shall notify DOLE through the Regional/ Provincial/ Field Office which has
jurisdiction over the workplace of the adoption of any of the above flexible work
arrangements. The notice shall be in Report Form attached to this Advisory.
These guidelines help ensure containment of the transmission of the virus through adoption of
FWAs and observance of strict social distancing measures, i.e. at least 1 meter radius between
and among workers:
3. The leaves of absence during community quarantine period shall be charged against
workers’ existing leave credits, if any. Remaining unpaid leaves during said period may
be covered and be subject to the conditions provided in the DOLE’s proposed COVID-19
Adjustment Measures Program
4. Residents of nearby cities and/or municipalities outside the NCR who work in Metro
Manila shall be allowed to report for work provided that they present proof of
employment and residency in checkpoints such as:
The same shall apply to residents in Metro Manila who work in nearby cities and/or
municipalities outside NCR.
Affected Establishments
Private establishments that have implemented FWAs (DOLE Labor Advisory No. 09) or
temporary closure as mitigating measures due to the COVID-19 pandemic.
Affected Workers
Workers in private establishments whose employment face or suffer interruption due to the
COVID-19 pandemic, such as:
FORMAL ECONOMY – with direct employers, such as the government employee, private
sector employee, all other workers rendering services, owners of micro enterprises,
owners of small, medium and large enterprises, household help (Kasambahay Law),
family drivers
CAMP
It is a safety net program that offers financial support to affected workers in private
establishments that have adopted FWAs or temporary closure during the COVID-19 pandemic.
It aims to provide financial support to affected workers in private establishments to mitigate
the adverse economic impacts and reduction of income brought about by the COVID-19
pandemic.
Exclusion
Government employees are excluded from the program.
Program Assistance
There are two (2) types of program assistance:
1. Financial Support
2. Employment Facilitation
Financial Support
This component shall provide affected workers with financial relief necessary to mitigate the
immediate and adverse economic impacts of the Covid-19 pandemic. Relative to DOLE Labor
Advisory No. 11, Series of 2020, which states that workers’ leaves of absence during the
quarantine period are to be charged against their leave credits, the financial assistance may be
used to cover remaining unpaid leaves of affected workers. A one-time financial assistance
equivalent to PHP 5,000 shall be provided to affected workers in lump sum, non-conditional,
regardless of employment status.”
Employment Facilitation
This component shall provide affected workers access to available job opportunities suitable
to their qualifications through job matching, referral and placement services either for local or
overseas employment, employment coaching, and labor market information.
Program Implementation
The following general procedural guidelines shall be observed in the availment of the program
assistance by the affected workers through the MSMEs:
a) Eligibility Requirements
Applicant must be a private establishment that has implemented FWAs or temporary
closure due to the COVID-19 pandemic.
b) Documentary Requirements
Affected establishment must submit:
1. Establishment Report on the COVID-19 pursuant to Labor Advisory No. 9,
Series of 2020
2. Company Payroll for the month prior the implementation of FWAs or
temporary closure
c) Application Procedures
I. Applications with complete documentary requirements shall be submitted
online to the appropriate DOLE Regional Office or any of its Provincial/Field
Offices
II. Applications shall be evaluated by the concerned DOLE Regional Office
within three (3) working days from receipt thereof.
III. The following documents depending on the status of evaluation shall be
issued to the applicant by the concerned DOLE Regional Office within three
(3) working days through electronic mail from the date thereof.
For approved application, a Notice of Approval
For denied application, a Notice of Denial
d) Denial of Application
An application may be denied by the DOLE Regional Director upon determination of
any of the following grounds:
I. Ineligibility of applicant;
II. Misrepresentation of facts in the application; or
III. Submission of falsified or tampered document
a) Financial Support
i. Disbursement
The concerned DOLE Regional Office shall issue the financial support directly
to the beneficiary’s payroll account through bank transfer within two (2)
weeks upon receipt.
ii. Completion
Beneficiaries who received the financial support are considered to have
completed the CAMP. A “Notice of Completion” shall be issued to the
affected establishment within three (3) working days through electronic mail.
b) Employment Facilitation
The concerned DOLE Regional/Field/Satellite Office shall refer workers to the nearest Public
Employment Service Offices (PESO) for the provision of full-cycle employment facilitation.
Beneficiaries who intend to find subsequent local and overseas wage employment shall be
referred to appropriate employers with job vacancies matching their qualifications.
Simultaneously, beneficiaries shall be provided employment coaching and relevant labor
market information.
LABOR ADVISORY NO. 12, SERIES OF 2020
Clarificatory Advisory on CAMP Documentary Requirements
Approved: March 18, 2020
Retroactive application: from January 2020
Pursuant to DOLE Department Order No. 209, Series of 2020, or the Guidelines on the CAMP,
the following Clarificatory guidelines are issued:
Affected workers
Affected workers, regardless of status (i.e. permanent, probationary, or contractual), are those
employed in private establishments whose operations are affected due to the COVID-19
pandemic.
Documentary Requirements
Establishments must accomplish the revised Establishment Report Form (ERF) particularly the
indicated mandatory fields. Company payroll for the month of February or earlier must be
submitted along with the accomplished ERF.
The DSWD issued Joint Memorandum Circular No. 1, Series of 2020 provided guidelines and
basis by and among the DSWD, DOLE, DTI, DA, DOF, DBM, and DILG to streamline and
harmonize its various social amelioration program (“SAP”) to mitigate the socio-economic
impact of the COVID-19 health crisis.
Definition of Terms:
Target Beneficiaries
The families that belong to either the poor or informal sector which are at risk of not earning a
living during the ECQ, who may at least 1 member belonging to any of the following vulnerable
or disadvantaged sectors)
Affected Establishments
Private establishments that have implemented Flexible Work Arrangements (FWAs) as defined
under DOLE Labor Advisory No. 09, Series of 2020 (i.e. reduction of work hours / work days,
rotation of workers, forced leave) or temporary closure as mitigating measures due to the
COVID-19 pandemic.
Affected Workers
Workers in private establishments whose employment face or suffer interruption due to the
COVID-19 pandemic, such as:
1) Retained workers who do not receive regular wage – Workers whose working hours
and, therefore, regular wage is reduced due to the implementation of Flexible Work
Arrangements, as defined under DOLE Labor Advisory No. 09, Series of 2020, (i.e.
reduction of work hours/work days, rotation of workers, forced leave) as mitigating
measures enforced by the employer.
2) Suspended workers - Workers whose employment is temporarily suspended by reason
of the suspension of operations of the employer’s business establishment.
CAMP is DOLE’s one-time financial assistance equivalent to Five Thousand Pesos (Php
5,000.00) provided to affected formal sector workers in lump sum, non-conditional, regardless
of employment status.
I. Procedural Guidelines
a) Eligibility - Applicant must be a private establishment that has implemented FWAs
or temporary closure due to the COVID19 pandemic.
b) Documentary Requirements - Affected establishment must submit:
a) Establishment Report on the COVID-19 pursuant to Labor Advisory No. 09,
Series of 2020; and
b) Company Payroll for the month prior the implementation of FWAs or
temporary closure.
c) Application Procedures - Applications with complete documentary requirements
shall be submitted online to the appropriate DOLE Regional Office or any of its
Provincial/Field Offices. Applications shall be evaluated by the concerned DOLE
Regional Office within three (3) working days from receipt thereof.
a) A Notice of Approval, for an approved application; or, a Notice of Denial for
a denied application shall be issued to the applicant by the concerned DOLE
Regional Office within three (3) working days through electronic mail from
the date thereof.
The concerned DOLE Regional Office shall issue the financial support directly to the
beneficiary’s payroll account through bank transfer at the soonest possible time upon receipt
of complete documentary requirements. For cash payroll, financial support shall be received
through money remittance. Upon receipt of financial support, a Notice of Completion shall be
issued to the affected establishment within three (3) working days through electronic mail.
LABOR ADVISORY NO. 12-A, SERIES OF 2020
Clarificatory Advisory on CAMP Documentary Requirements
Approved: April 6, 2020
Pursuant to Article IV Secion I(b) of the DOLE Department Order No. 209, Series of 2020, or the
Guidelines on the CAMP, this advisory is hereby issued:
In case of non-availability of payroll, affected establishments may submit any of the following:
1. Worker’s pay slip/verifiable handwritten pay slip
2. Proof of payment of wages via logbook or ledger
3. Employment contract
4. Cash voucher or petty cash voucher
5. Authority to debit account sent by employer to bank for the wage of employees
6. SSS, Philhealth and Pag-Ibig Alphalist or list of remittances
7. BIR Form 2316
8. List of employees with 13th month pay
DTI and DOLE INTERIM GUIDELINES ON WORKPLACE PREVENTION AND CONTROL OF COVID-
19 (INTERIM GUIDELINES)
Approved: April 30, 2020
The guidelines are issued to assist private institutions that are allowed to operate during the
ECQ and GCQ in developing the minimum health protocols and standards in light of the
COVID-19 pandemic. These Guidelines shall apply to all workplaces, employers and workers in
the private sector.
The following safety and health standards shall be implemented in all workplaces aligned with
the objectives of the minimum health standards of the DOH:
For any personnel with temperature > 37.5 0C, even after a 5 minute rest, or if
their response in the questionnaire needs further evaluation by the clinic staff,
the person shall be isolated in an area identified by the company and not allowed
to enter the premises. The isolation area should be well ventilated and must be
disinfected frequently.
Clinic staff assigned to assess the workers held in the isolation area shall be
provided the appropriate medical grade PPEs by the establishment which shall
include but not limited to:
Face masks
Goggles / face shields
gloves
4. Spray alcohol / sanitizers to both hands; and provide disinfectant foot baths at the
entrance if practicable.
b) Equipment or vehicle entering the hub operational area must go through a disinfection
process.
c) If there will be a long queue outside the office or store premises, roving officers should
instil physical distancing of one meter.
b) All washrooms and toilets shall have sufficient clean water and soap, workers are
encouraged to wash their hands frequently and avoid touching their eyes, nose and
mouth;
e) Eating in communal areas is discouraged. It is best to eat in individual work area and all
wastes shall be disposed properly.
If eating in individual work areas is not possible, the employer shall ensure that physical
distancing is maintained in dining areas with one worker per table and 1 meter distance
per worker. It is discouraged that workers engage in conversation with masks off during
meal times. Tables and chairs shall be cleaned or disinfected after every use of the area,
and before as well as at the end of the work day; and
2. Prolonged face-to-face interactions between workers and with clients are discouraged
and masks shall be worn at all times and not removed. Meetings needing physical
presence shall be kept to a minimum number of participants and with short duration.
Videoconferencing shall be utilized for lengthy discussions among workers.
7. Online system shall be highly encouraged to be utilized for clients needing assistance
from offices including the use of videoconferencing.
8. Roving officers shall always ensure physical distancing and observance of minimum
health protocols.
In the event that a worker is sick or has fever but is not suspected to have COVID-19 (ex.,
urinary infection, wound infection or any diseases not related to lungs or respiratory tract) the
employer must advise the worker to take prudent measures to limit the spread of
communicable diseases, as follows:
a) Stay at home and keep away from work or crowds;
b) Take adequate rest and take plenty of fluids;
c) Practice personal hygiene to prevent spread of disease; and
d) Seek appropriate medical care if there is persistent fever, when difficulty of breathing
has started, or when he/she becomes weak.
Duties of Employers and Workers
Employers shall:
1. Provide the necessary company policies for the prevention and control of COVID-19 in
consultation with workers;
2. Provide resources and materials needed to keep the workers healthy and the workplace
safe, (e.g. masks, soap, sanitizer, disinfectant, PPEs, including COVID-19 testing kits, etc);
3. Designate the safety officer to monitor COVID-19 prevention and control measures,
such as
a. Physical distancing
b. Wearing of masks
c. Regular disinfection
d. Compliance to thermal scanning
e. Accomplishing health symptoms questionnaire
7. Put up a COVID-19 Hotline and Call Center for employees to report if symptomatic, and
daily monitoring scheme of “suspect” employee condition.
Workers shall:
1. Comply with all workplace measures in place for the prevention and control of COVID-
19, such as frequent hand washing, wearing of masks, observe physical distancing, etc.;
3. Coughing and sneezing into tissue or into shirt sleeve if tissue is not available;
5. Disinfecting hands immediately through proper washing with soap and water or alcohol-
based sanitizer immediately after a cough or sneeze.
Workers with a negative test shall continue to work. They should be given appropriate advice
and instructions once they develop any health complaints or symptoms. The company OSH
personnel shall continue to monitor all workers.
The WAIR Form is a form prescribed by Labor Advisory 04-19 of DOLE requiring establishments
to follow OSH-related guidelines indicated in the Implementing Rules and regulations of the
OSH Law.
Also laid out in Labor Advisory 04-19 is the responsibility of establishments to determine their
risk classification based on the Hazards Identification and Risk Assessment and Control
(HIRAC). Levels of classification are low-risk, medium risk, or high risk.
The results of the HIRAC and the number of workers shall be bases for determining the
required minimum number of safety officers, OH (occupational health) personnel, medical
services and facilities
With this, all establishments are required to report all work-related accidents and
occupational illness to the Regional Labor Office or duly authorized representative in
duplicate and a copy furnished the employee or his duly authorized representative using
the form DOLE/BWC/OHSD-IP-6 (WAIR FORM).
The employer then must initiate an investigation regarding the work-related accident
and its investigation report must be submitted on or before the 30th day of the same
month using the prescribed WAIR form.
All deaths and permanent total disabilities shall be investigated by the Regional Labor
Office or duly authorized representative within 48 hours after the receipt of the initial
report from the employer.
LABOR ADVISORY NO. 13, SERIES OF 2020
Payment of Wages for the Regular Holidays on April 9 and 10, 2020 and
Special Day on April 11, 2020
Approved: March 30, 2020
(“COLA” – Cost of Living Allowance)
For work done during the double regular holiday, the employee shall be paid a total of 300% of
his/her wage for that day for the first eight hours.
(Basic wage + COLA) x 300%
For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30%
of his/her hourly rate on said day
Hourly rate of the basic wage x 300% x 130% x number of hours worked
For work done during a double regular holiday that also falls on his/her rest day, he/she shall
be paid an additional 30% of his/her basic wage of 300%
[(basic wage + COLA) x 300%] + [30% (basic wage x 300%)]
For work done in excess of eight hours (overtime work) during a double regular holiday that
also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on
said day
Hourly rate of the basic wage x 300% x 130% x 130% x number of hours worked
For work done during the regular holiday, the employee shall be paid 200% of his/her wage for
that day for the first eight (8) hours
(Basic wage + COLA) x 200%
For work done in excess of eight (8) hours (overtime work), he/she shall be paid an additional
30% of his/her hourly rate on said day
hourly rate of the basic wage x 200% x 130% x number of hours worked
For work done during a regular holiday that also falls on his/her rest day, he/she shall be paid
an additional 30% of his/her basic wage of 200%
[(Basic wage + COLA) x 200%] + [30% (Basic wage x 200%)]
For work done in excess of eight (8) hours (overtime work) during a regular holiday that also
falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said
day
(Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked)
For work done during the special day, he/she shall be paid an additional 30% of his/her basic
wage on the first eight (8) hours of work.
[(Basic wage x 130%) + COLA]
For work done in excess of eight (8) hours (overtime work), he/she shall be paid an additional
30% of his/her hourly rate on said day.
(Hourly rate of the basic wage x 130% x 130% x number of hours worked)
For work done during a special day that also falls on his/her rest day, he/she shall be paid an
additional 50% of his/her basic wage on the first eight (8) hours work
[(Basic wage x 150%) + COLA]
For work done in excess of eight (8) hours (overtime work) during a special day that also falls
on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day.
(Hourly rate of the basic wage x 150% x 130% x number of hours worked)
This is pursuant to Article 5 of the Labor Code, as amended, in relation to Labor Advisory No.
13, Series of 2020.
Establishments that have totally closed or ceased operation during the ECQ period are
exempted from the payment of the holiday pay under Labor Advisory No. 13.
LABOR ADVISORY NO. 14, Series of 2020
Clarification on the Non-inclusion of the one-month ECQ Period on the six-month
probationary period
Approved: March 30, 2020
This advisory shall apply to all employers in the private sector who are required under Article
296 of the Labor Code, to comply with the probationary employment period not to exceed six
(6) months from the date the employee started working.
For purposes of determining the six-month probationary period, the one-month ECQ period is
not included thereof.
If the employee did not work, he/she shall be paid 100% of his/her wage for that day, subject
to certain requirements under the implementing rules and regulations of the Labor Code, or
that he/she was present or on leave with pay on April 30, the workday prior to May 1, 2020.
[(Basic wage + COLA) x 100%]
For work done during the regular holiday, the employee shall be paid 200% of his/her wage for
that day for the first eight (8) hours.
[(Basic wage + COLA) x 200%]
For work done in excess of eight (8) hours (overtime work), he/she shall be paid an additional
30% of his/her hourly rate on said day.
[Hourly rate of the basic wage x 200% x 130% x number of hours worked]
For work done during a regular holiday that also falls on his/her rest day, he/she shall be paid
an additional 30% of his/her basic wage of 200%.
[(Basic wage + COLA) x 200%] + [30% (Basic wage x 200%)]
For work done in excess of eight (8) hours (overtime work) during a regular holiday that also
falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said
day.
(Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked)
However, in view of the existence of a national emergency arising from the COVID-19
situation, employers are allowed to defer payment of holiday pay on May 1, 2020, until such
time that the present emergency situation has been abated and the normal operations of the
establishment is in place.
Establishments that have totally closed or ceased operation during the ECQ period are
exempted from the payment of the holiday pay.
Pursuant to Section 1 of the Presidential Administrative Order No. 30 dated April 21, 2020
directing the issuance of Guidelines on the interruption of periods for the filing of documents,
this Advisory is hereby issued for the guidance of all concerned:
1. Alien employment permits (AEPs) and licenses to operate private employment agencies
(PEAs), due for renewal during the implementation of the ECQ and GCQ can be filed
within 45 days after the lifting of the same, without penalty.
2. The publication and posting of new AEP applications may be undertaken primarily in the
official DOLE website of the concerned Regional Office (RO) and/or Public Employment
Service Office (PESO), and its temporarily allowed in regions where publishers of
newspaper of general circulation are not yet allowed to operate. However, upon
resumption of operations, publication in newspaper of general circulation shall be
conducted in full compliance with requirement of the labor market test.
3. DOLE ROs may issue their own internal guidelines with regard to the acceptance of
applications for new and renewal of permits and license/authorities as they may deem
efficient subject to the period stated in Item No. 1 above. Online application is highly
encouraged, otherwise, otherwise, the social distancing requirement, and health and
safety measures, shall be observed strictly in the filing of applications for permits and
licenses and issuance thereof.