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: Interim Guidelines on Workplace Prevention and Control of COVID-19

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner and Rhett D. Gaerlan, Associate – Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On April 30, 2020, the Department of Labor and Employment (DOLE) and Department of Trade and Industry (DTI) jointly issued new guidelines on the minimum safety and health standards to be implemented in all workplaces. The guidelines provide that prior to entry in the workplace, all employers and workers shall: (a) wear face masks (which must be provided by employers) at all times; (b) accomplish a daily health symptoms questionnaire that must be submitted prior to entry; and (c) have their temperature checked and recorded in the health symptoms questionnaire. Employers are likewise encouraged to allow high-risk workers (such as those above 60 years of age, or of any age with pre-existing illnesses) to render work pursuant to a work-from-home arrangement. Additionally, should employers decide to test workers, a company policy on COVID-19 testing must be formulated and agreed upon by employers and workers.

COVID-19: Suspension of the Probationary Period During Community Quarantine

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner and Rhett D. Gaerlan, Associate – Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On May 9, 2020, the Department of Labor and Employment (DOLE) suspended the probationary period of employment during the period of community quarantine. Specifically, 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, shall not be included in determining the six-month probationary period.

COVID-19: Guidelines on Employment Preservation Upon Resumption of Operations

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner and Rhett D. Gaerlan, Associate – Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On May 16, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 17, series of 2020, encouraging employers to adopt work-from-home, telecommuting arrangements, or any or a combination of the following flexible work arrangements: (a) Transfer of employees to another branch or outlet of the same employer; (b) Assignment of employees to other function or position in the same or other branch or outlet of the same employer; (c) Reduction of normal workdays per day or week; (d) Job rotation alternately providing workers with work within the workweek or within the month; (e) Partial closure of establishment where some units or departments of the establishment are continued while other units or departments are closed; and (f) Other feasible work arrangements considering specific peculiarities of different business requirements. Such flexible work arrangements are temporary in nature and shall be adopted for as long as the public health crisis exists. Moreover, employers and employees may agree voluntarily and in writing to temporarily adjust wage and wage-related benefits, for a period not exceeding six months or as may be agreed upon in the Collective Bargaining Agreement, if any.

COVID-19: Burden on Covering Cost of COVID-19 Prevention and Control Measures

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner and Rhett D. Gaerlan, Associate – Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

On May 16, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 18, series of 2020, requiring employers to shoulder the cost of COVID-19 prevention and control measures, such as but not limited to the following: testing, disinfection facilities, hand sanitizers, personal protective equipment (including face masks), signage, proper orientation and training of workers including IEC materials on COVID-19 prevention and control. With respect to contracts for construction projects and for security, janitorial and other services, the cost of COVID-19 prevention and control measures shall be borne by the principals or clients of the construction/service contractor. On this note, no cost related or incidental to COVID-19 prevention and control measures shall be charged directly or indirectly to the workers.

COVID-19: Guidelines on Payment of Holiday Pay

New Regulation or Official Guidance

Authors: Emerico O. De Guzman, Managing Partner and Rhett D. Gaerlan, Associate – Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

The Department of Labor and Employment (DOLE) issued multiple Labor Advisories on the payment of holiday pay covering the following holidays: Araw ng Kagitingan (9 April); Maundy Thursday (9 April); Good Friday (10 April); Black Saturday (11 April); Labor Day (1 May); Eid’l Fitr (25 May); and Independence Day (12 June). While the provisions of the Labor Code on the payment of holiday pay continue to apply, the DOLE has permitted employers to defer payment of holiday pay until business operations have normalized. This is in view of the existence of a national emergency brought about by COVID-19. Moreover, establishments that have totally closed or ceased operations during the period of enhanced community quarantine are exempted from the payment of holiday pay.