Good afternoon, Lolet!

 DURING THIS PANDEMIC, EMPLOYERS DO NOT NEED TO PAY THEIR

STAFF IF THE STAFF DOES NOT WORK. THEY MAY, BUT THERE IS NO
NEED.

 DOLE LABOR ADVISORY No. 17, Series of 2020 gives the employer the right to try
and negotiate with their respective employees in writing on temporarily adjusting and
lowering their wages and/or other benefits as provided in the CBA, employment
contract and company policy to a maximum period of six (6) months. Afterwhich,
they may renew the same.

 For this to be valid and binding according to the LA, the following important
conditions should ALL be present:

1. Should be intended to assist employers resume their business operations

while preserving the employment of their workers;
2. Agreement should be voluntary;
3. Agreement should be in writing;
4. Adjustment includes any of the following:

a. Employees wage and wage-related benefits as provided for in

existing employment contract;
b. Company policy; and/or
c. Collective bargaining agreement (CBA)

5. The adjustments in wage and/or wage-related benefits shall not exceed

six (6) months or the period agreed upon in the collective bargaining
agreement (CBA), if any; and

6. After such period, employers and employees shall review their

agreement and may renew the same.

 This will be treated as an exemption to the provisions on Non-Diminution of

Benefits under the Labor Code of the Philippines. We advise that, if the employer
will engage into this agreement, be sure that all the provisions are clear, in a
language understood by the employee, duly dated and signed by the affected
employee and witness.

 As per guidelines of DOLE-BWC in the workplace during pandemic, it is

management prerogative when an employer places his/her workers under 14-day
quarantine in company premises without pay as condition for their return to
employment. However, the exercise is not absolute; it should be used without abuse
of discretion. This should likewise be done in good faith and with due regard to the
rights of labor. The health checklist and its thorough assessment may suffice in
determining who among these workers are eligible to report back to work. While the
 DTI-DOLE Interim Guidelines’ intent is to prevent further transmission in the
workplace, we cannot disregard the worker’s inherent rights as embodied in the Labor
Code of the Philippines.

 During the 24 hour waiting time right after decontamination/disinfection process,

consistent with the previous DOLE issuance on work suspension, unless it is part of
the company’s policy or collective bargaining agreement, a no work no pay policy
shall prevail during the 24 hour waiting time after the disinfection process.

 EMPLOYERS CAN PUT THEIR STAFF ON FLEXIBLE-WORK

ARRANGEMENTS (FWA) FOLLOWING INFORMING DOLE SEVEN (7) DAYS
PRIOR

 The LA also mentioned different work arrangements that employers can implement,
ranging from Work from Home (WFH) and Telecommunicating Work Arrangement
(TWA) or combination of the following:

1. Transferring employees to another branch or outlet of the same employer;

2. Assigning employees to another function or position in the same office or
branch of the same employer;
3. Reduction of normal working days per day or week;
4. Job rotation;
5. Partial closure of establishment where some units or departments continue
work while others are shut down;
6. Force Leave; and
7. Other feasible work arrangements.

Flexible work arrangements provided for in previous issuances consistent with this
Labor Advisory may also be adopted.

 Labor Advisory No. 09 provides:

1. Reduction of Workhours and/or Workdays refers to one where the normal

workhours or workdays per week are reduced.
2. Rotation of Workers refers to one where the employees are rotated or alternately
provided work within the week.
3. Forced Leave refers to one where the employees are required to go on leave for
several days or weeks utilizing their leave credits, if there are any.

The employers and the employees are encouraged to explore other alternative
work arrangements in order to cushion and mitigate the effect of the loss of
income of the employees.
  Establishments implementing the flexible work arrangements provided herein shall
post a copy of this Advisory in a conspicuous location in the workplace.

 The employer shall notify the Department 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 the Report Form attached to this
Advisory.

 EMPLOYERS ARE NOT LIABLE FOR EMPLOYEES WHEN THEY

CONTRACT COVID-19 IF THEY HAVE SSS AND PHILHEALTH

 EMPLOYERS CAN LEGALLY PUT THEIR STAFF ON FLOATING STATUS

FOR A LIMITED NUMBER OF MONTHS PROVIDED CERTAIN CONDITIONS
ARE MET

 EMPLOYERS CAN STILL LEGALLY TERMINATE AND LAY-OFF A STAFF

FOR JUST AND AUTHORIZED CAUSES DURING ECQ, MECQ AND GCQ

 EMPLOYERS CAN FULLY CLOSE THEIR BUSINESSES WITHOUT THEIR

EMPLOYEES' CONSENT SO LONG AS THEY FOLLOW DUE PROCESS.