LABOR ADVISORY NO.

14-A
Series of 2020

SUPPLEMENTAL GUIDELINES ON THE NON-INCLUSION OF THE COMMUNITY

QUARANTINE PERIOD IN THE SIX-MONTH PROBATIONARY PERIOD

Pursuant to Labor Advisory No. 14, Series of 2020, and in relation to the extension of the
community quarantine period, this supplemental Guidelines is hereby issued for the guidance of
all concerned.

For purposes of the six-month probationary period, the period during which the enhanced or
general community quarantine is enforced where the establishment has temporarily ceased or
closed operations and/or the worker was temporarily not required to report for work on account
thereof, is not included in the six-month probationary period as required under Article 296 of the
Labor Code, as renumbered.

Be guided accordingly.

9 May 2020.

SILVESTRE H. BELLO III, Secretary

Xxxxxxxx

The DOLE subsequently issued Labor Advisory No. 14-A, or the Supplemental Guidelines on the
Non-Inclusion of the Community Quarantine Period in the Six-Month Probationary Period. It
provides: “For purposes of the six-month probationary period, the period during which the
enhanced or general community quarantine is enforced where the establishment has temporarily
ceased or closed operations and/or the worker was temporarily not required to report for work on
account thereof, is not included in the six-month probationary period as required under Article
296 of the Labor Code, as renumbered.” In other words, per the clarification made by the DOLE:

1. The Labor Advisory covers both the ECQ and GCQ period.
2. The non-inclusion of the quarantine period is applicable when: (i) the establishment has
temporarily ceased or closed operations; and/or (ii) the worker was temporarily not
required to report for work on account thereof. If employees are made to work (e.g., work-
from-home, telecommuting, other alternative work arrangements, etc.), these employees are
not covered.
3. Extensions of the ECQ or GCQ are covered. Labor Advisory No. 14-A does not specify a
period, but simply provides that the non-inclusion is applicable for “the period during which the
enhanced or general community quarantine is enforced” (emphasis supplied). In other words,
until the ECQ/GCQ is not lifted, and until the employee is not made to work, the running of the
6-month probationary period is effectively suspended.

Source: https://pnl-law.com/blog/on-the-one-month-extension-of-probationary-period-during-
ecq/