Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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COVID-19: Presidential Powers Under Order of State of National Emergency

New Legislation Enacted

Authors: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On March 24, 2020, President Duterte signed Republic Act No. 11469 into law, declaring a State of National Emergency over the entire country. With such declaration, the President is granted temporary emergency powers to respond to the crisis. Of special note is the power to direct the operation of any privately-owned hospital and medical and health facilities, including passenger vessels, and other establishments, to house health workers, to serve as quarantine areas, or to serve as other temporary medical facilities. However, management and operation of the foregoing enterprises shall be retained by the owners, except that should the latter refuse or signify that they are no longer capable of operating their enterprises for the stated purpose, the President may take over said operations, without prejudice to any penalties which may be imposed on said owners of such establishments. Under the law, the President is also empowered to undertake the procurement of utilities, telecommunications, and other critical services in relation to operation of quarantine centers, medical relief and aid distribution centers, and temporary medical facilities. Additionally, the President may also require businesses to prioritize and accept contracts, subject to fair and reasonable terms, for materials and services necessary to respond to the pandemic. The law takes effect immediately upon its publication and shall be in full force and effect for three months unless withdrawn.

Guidelines on the COVID-19 Adjustment Measures Program

New Order or Decree

Authors: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On March 17, 2020, the Department of Labor and Employment (DOLE) issued Department Order No. 9, specifying the coverage, requirements, and procedures concerning the implementation of the COVID-19 Adjustment Measures Program (CAMP). CAMP is a financial support program to be applied for by an affected establishment and is also offered to affected workers in private establishments that have adopted flexible work arrangements or temporary closures to mitigate the adverse economic impacts and reduction of income brought about by the COVID-19 pandemic. The assistance may either be in the form of a one-time financial assistance equivalent to Php 5,000.00 that shall be provided to affected workers regardless of employment status, or employment facilitation, where affected workers are provided access to available job opportunities. Meanwhile, Labor Advisory No. 12, providing clarifying guidelines on CAMP, defines affected workers, regardless of employment status, as those employed in private establishments whose operations are affected due to the COVID-19 pandemic. The Order took effect on March 21, 2020.

COVID-19: Community Quarantine Over the Entire Island of Luzon

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On March 16, 2020, the Executive Secretary issued a mandate for the imposition of a quarantine over the entire island of Luzon, to be in effect from March 17, 2020 until April 13, 2020, whereby only private establishments providing basic necessities and such activities related to food and medicine production shall remain open. For such open establishments, employers shall ensure the adoption of a strict skeletal workforce to support operations, as well as all strict social distancing measures. Examples of establishments that shall remain open include public markets, supermarkets, groceries, convenience stores, hospitals, medical clinics, pharmacies and drug stores, food preparation and delivery services, water-refilling stations, manufacturing and processing plants of basic food products and medicines, banks, money transfer services, power, energy, water and telecommunications supplies and facilities. Business Process Outsourcing (BPO) establishments and export-oriented industries shall remain operational, subject to the following conditions: (a) that strict social distancing measures are observed; (b) their respective personnel are provided appropriate temporary accommodation; and (c) that a skeletal work force shall be implemented.

COVID-19: Implementation of Flexible Work Arrangements as Remedial Measures

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On March 4, 2020, and March 14, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisories No. 9 and 11, recommending the adoption of flexible work arrangements as an alternative to outright termination of the services of employees or the total closure of the establishments. Employers may consider the following work arrangements, among others: telecommuting; work-from-home; reduction of workhours and/or workdays; rotation of workers; and forced leaves. Under the Advisory, leaves of absence during the community quarantine period shall be charged against the workers’ existing leave credits, if any. The remaining unpaid leaves during said period may be covered and subject to the conditions provided in the DOLE COVID-19 Adjustment Measures Program (CAMP).

Suspension of Work By Reason of Natural or Man-Made Calamities

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner - Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On January 13, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 1, series of 2020, recognizing the prerogative of private sector employers to suspend work to ensure the safety and health of their employees during a natural or man-made calamity. The Advisory provides that in such cases, the following rules on payment of wages shall apply: (a) If unworked, there shall be no pay, unless there is a company policy, practice, or collective bargaining agreement (CBA) granting payment of wages on said days; and (b) If worked, no additional pay shall be given the employees. The Advisory also provides that employees who fail or refuse to work by reason of imminent danger resulting from natural or man-made calamity shall not be exposed to or subject to any administrative sanction.