Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT Bureau of Workers with Special Concerns ff, Antonin ld, 1 Bocobo St. Cor. T.M.Kolow Ave, a fmt, Mono =e MRC 2020-14-7.4- Hite MEMORANDUM To : ALL DOLE REGIONAL OFFICES (Implementing the Social Amelioration Program (SAP) for Workers in the Sugar Industry) SUBJECT + Inclusion of the Draft Labor Advisory on the Additional Requirements in the Hiring of Migratory Sugar Workers (MSWs) as Agenda Item in the Conduct of the 3" 4%" Regular Meeting of the District Tripartite Council (DTC) DATE : November 18, 2020 eee May this Bureau request the DTC Secretariats to include the attached draft Labor Advisory as an Agenda Item in the conduct of the 3/ 4" Regular Meeting of the District Tripartite Council The attached draft Labor Advisory sets the additional requirements to be requested prior the issuance of the Authority to Hire and Authority to Transport in relation to the hiring and movement of MSWs, while the State of Calamity throughout the Philippines due to COVID-19 is in effect. ‘As proposed and upon consultation with the DOLE MSW Technical Working Group and the different DOLE Regional Offices implementing SAP, it originally recommended the issuance of an Interim Guidelines that will cover the Hiring, Transportation, and Worksite Protocols to be followed by ‘employers and MSWS alike in order to control and prevent the spread of COVID-19. However, during the 4" Special Meeting of the Suger Tripartite Council (STC), last October 28, 2020, the Council recommended to change the same into a Labor Advisory and submit it for DTC discussion. The STC hopes that the adoption of an advisory instead will streamline the process of application and ensure that it will not be in conflict with existing and prospective national and local issuances/ ordinances on the control and/or mitigation of COVID-19. We hope that the attached draft document will be discussed in the upcoming DTC meetings and a report, on the comments made by the DTC members, will be prepared and furnished to this Bureau, not later than December 15, 2020 (Tuesday), for consolidation and subsequent reporting to the STC. Kindly email the requested report! inputs to mailwsadd@amail.com, copy furnished ‘apuno24@yahoo.com, Should the respective DTC Secretariats have additional queries or clarifications regarding this matter, you may call the Workers Social Amelioration Development Division, Bureau of Workers with Special Concems, at telephone numbers 8527-2804 and 8527-5856, or through email address, mail, wsadd@gmail.com, ATTY. MA. KARINA PERIDEARATVILA Director IV and STC Head Secretariat Cc: Members of the Sugar Tripartte Council Ta Nos, 02) 8404-2936, 8527-2004, #527 S856, A527 S457, 8527-9116, 528-019, Telefon (02 8527-5850, 8527-2097 Ema Lusal@eni com Website: wan hsc.dole goon[EMBARGOED// PLEASE DO NOT CIRCULATE 2020 copy) Republic of the Philippines Intramuros, Manila LABOR ADVISORY NO. Series of 2020 ADDITIONAL REQUIREMENTS IN THE HIRING OF MIGRATORY SUGARCANE WORKERS (MSWS) DURING THE STATE OF CALAMITY THROUGHOUT THE PHILIPPINES DUE TO CORONA VIRUS DISEASE 2019 Pursuant to Republic Act No. 6982, otherwise known as the Sugar Amelioration Act of 1991, and DOLE Department Order No. 159-16, or Guidelines for the Employment of Migratory Sugarcane Workers (MSWs), and upon due consultation and recommendation by the District Tripartite Councils and the Sugar Tripartite Council, the following are hereby issued for the guidance of all concerned Section 1. Coverage. This Advisory covers all MSW; Planters, Principals (or his/her/its Authorized Representative), Contractors including sub-contractors, who shall hire the services of the MSWs; and PEA Authorized Representatives, who shall recruit and place the MSWs, while community quarantines measures are in effect and shall remain enforced until the State of Calamity throughout the Philippines due to Corona Virus Disease 2019 has been lifted or withdrawn by the national government." Section 2.Additional Requirements to be submitted to the DOLE Receiving Office for the Issuance of Authority to Hire: 1. Notarized swom statement from the Employer,depending on the mode of employment used, stating its concurrence to the required quarantine protocols to control and avoid the spread of COVID-19. 2. Copy of a formulated Employer's Safety and Health Program, appropriate for the sugarcane industry, which will include basic safety measures in the prevention and control of COVID-19 in compliance to Section 12 of DOLE Department Order No. 198-18, or Implementing Rules and Regulations of Republic Act No. 11058 entitled “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof’ andrelevant provisions of the DTI and DOLE Interim and Supplemental Guidelines on ‘Workplace Prevention and Control of COVID-18 (please visit http://bwe.dole.cov.ph/safetyand- health to download sample OSH program template). 3. Additional Requirements to Ascertain the Adequacy of the Temporary Dwelling Facility. The Labor Inspector, in close coordination with the SAP Regional! Field Focal Person, from the DOLE Receiving Office (RO) shall ensure the presence and adherence to the following: ‘a. Ensure that the lay-out of the proposed temporary dwelling facility are made in accordance with the standards incorporated in DOLE Department Order No. 159-16, DOLE Department Order NO. 198-18, and related IATF/ DOH issuances (please refer to Form A for the Evaluation Checklistin Determining the Adequacy of the Temporary Dwelling Facility) b. The Planter! Principal (or his/heriits Authorized Representative)/ Contractor including sub- contractor, depending on the mode of employment used, must designate a trained personnel in first aid treatment for every shift of worker in the temporary dwelling facility or "Pursuant to Presidential Proclamation No. 1021, or Extending the Period of te Stale of Calamity throughout the Phitppines due to Corona Vins Disease 2019 Declared Under Proclamation No, 929, s. 2020, signed on September 16, 2020 by President Rodigo Roa Dutee. Page 1 of35S. 56 7 58 59 60 61 62 63 64 65 66 67 68 69 70 a 2 2B 74 15 76 7 8 79 80 81 82 83 a4 a5, 86 87 88 39 90 a1 92 93 94 95, 96 7 98 99 100 101 102 103 104 105, 106 107 [EMBARGOED / PLEASE DO NOT CIRCULATE (a8 of 17 November 2020 copy) Section 3. Ad at the worksite/ plantation.? The same shall be under the direct supervision of the safety officer. c. A Safety Officer, and consistent with the relevant provisions under DOLE D.O. No. 198-18, may be designated within the ranks of workers or as assigned by the Planter/ Principal (or hisfher/ts Authorized Representative)’ Contractor including sub-contractor, whichever applies. The same shall be trained in providing first aid treatment to MSWs and shall uphold the Policy and Program on Basic Health and Safety Procedures in the workplace and at the temporary dwelling facility. Planters Association may likewise tap the services of the Network of OSH Practitioners! Consultants/ Safety Officers, appropriate to the sugarcane industry, which shall on a rotational basis inspect the worksites and temporary dwelling facilities of its planter members and conduct orientation on the basic safety measures to avoid the spread of the COVID-19 virus. 4. Designation of isolation areas where workers will be placed when they feel unwell or manifest any of the COVID-19 related symptoms. These isolation areas must be well ventilated, clean, orderly, and takes into consideration the comfort of workers.” The sai Program in order to control and avoid the spread of COVID-19, to be subr Receiving Office. additional requirements shall be included in the Employer's Safety and Health {ed to the DOLE, Concerned Labor Inspector, with the concurrence of the DOLE Provincial/ Field Office Director! Head and the Regional Director, shall issue a Certification to the Planter! Principal (or his/her/ts Authorized Representative)’ Contractor including sub-contractor, whichever applies, as to the adequacy of the temporary dwelling facility, as indicated in this Advisory and as further detailed in DOLE Department Order 159-16. ional Requirements to be submitted to the DOLE Sending Office for the Issuance of Authority to Transport 1. To ascertain the age of the MSW, he or she shall preferably be required to present his or her Birth Certificate, which had been duly certified by either the Municipal City Registrar or the Philippine Statistics Authority (formerly known as the National Statistics Authority). In case he or she does not have a copy of his/her birth certificate, he or she may present any of the following documents:(1) Form 137; (2) Affidavit of Two (2) Disinterested Persons to prove the age of the MSW; and (3) Written certification from the Barangay orLocal Government Unit (LGU), where he or she resides, stating the age of the MSW. The same shall be submitted to the Planter, Principal (or his/her/its Authorized Representative), Contractor including sub-contractors, and PEA Authorized Representative, depending on the mode of employment used, for consolidation and subsequent submission to the DOLE Sending Office (SO). Medical Clearance/ Certification issued by the Barangay/City/ Municipal Health Office based on the following conditions: 2.1. That the prospective MSW is in good physical health and physically fit to work; and 2.2. That the prospective MSW is neither a contact, suspect, probable, or confirmed COVID-19 case; ‘Chapter IV, Section 13 (a), DOLE 0.0. 198-18, states tha: “For...ow risk establishments with fen (10) to fit (50) workers...The company ‘ouner, manager, or one ofthe workers of the company shall undertake fist aid raining from the Phiippine Red Cross or any DOLE recognized organization” Pursuant to em IV, Let O (1), DT and DOLE Interim Guideines on Workplace Prevention and Control of Covid19 Page 20f3|ARGOED / PLEASE DO NOT CIRCULATE ‘17 November 2020 copy) 108 Likewise, if allowed by the receiving and sending region/ LGU and the PNP Joint Task 109 Force Corona Virus Shield (JTF CV Shield), Port Authorities, Bureau of Quarantine and 110 other checkpoint authorities during the MSWs' travel to the worksite, the same may be m1 issued by a reputable private medical practitioner from a DOH accredited medical/ health 112 facility. 113 114 3. Travel Authority/Pass of hired MSWs, as may be required by the PNP Joint Task Force 115 Corona Virus Shield (JTF CV Shield), Port authorities, Bureau of Quarantine and checkpoint nis authorities during the MSWs' travel to the worksite. 118 It shall be the primary responsibility of the Planter, Principal (or his/her/its Authorized 119 Representative)’ Contractorincluding sub-contractor! PEA Authorized Representative, 120 depending on the mode of employment used, to secure the necessary special travel permits, aaa from the DOTr and/or LTFRB for the mode of transportation to be used and secure travel 122 permits from the PNP Joint Task Force Corona Virus Shield (JTF CV Shield) and the Local 123 Government Unit Task Force Against COVID-19 for the movement of workers and shall ey likewise comply with existing local quarantine protocols, as may be required. 126 4. On the existing curfew, the concerned planter or farm manager shall also secure the 127 clearance with its respective LGUs and the local PNP or PNP Joint Task Force Corona Virus 128 Shield (JTF CV Shield) on the work time schedule of the MSWs. Further, the planter or farm 129 manager shall observe the reporting protocols and schedules on the health condition of its 130 workers, as may be required by DOLE, DOH, and LGU, including the Barangay, the Municipal Bt Health Center, or the Local Government Unit Task Force Against COVID-19. 133 5. The service agreement, service contract, and employment contract shall clearly state that the 134 Planter/ Principal/ Contractor including sub-contractor, depending on the mode of employment 135 used, shall provide adequate temporary dwelling facility for every sacada or MSW, 136 disinfectant, and Personal Protective Equipment in the barracks and at the worksite, free of 137 charge. It shall also state, among others, that they shall implement strict health and safety 138 protocols on and off worksite to mitigate and control the spread of COVID-19 (please see 139 Forms B1 to B3). 140 141 Section 4. Cost of COVID-19 Testing and Other Related Expenses to Mitigate Its Spread.No 142 deduction shall be made from the wages of the MSWs, in relation to the cost of COVID-19 testing, 143 Personal Protective Equipment (PPEs), and other mitigating measures to avoid and control the 144 spread of COVID-19. 146 Section 5, Electronic Filing (E-filing) of Applications. In order to ensure the health and safety of 147 all concemed, the DOLE receiving and sending regions shall respectively inform and allow the 148 electronic filing of all requirements, using its official email addresses or a separate email address that 149 may be created for this purpose. Evaluation and/or notices about the said shall likewise be made 459. electroncaly, 152 Section 6. Effectivity.This Advisory shall take effect upon signing and shall be deemed revoked 153 upon the lifting of the State of Calamity throughout the Philippines due to Corona Virus Disease 2019. 154 155 156 SILVESTRE H. BELLO Ill 157 Secretary 158 159 Page 3013