In case you needed to know, employees do not need to risk life to come to work during flooding.
There is a provision that can protect employees on a rainy day.
According to the Department of Labor and Employment (DOLE), employees who fail or refuse to work due to imminent danger from weather disturbances cannot be subject to administrative sanctions.
That is according to Labor Advisory 17 series of 2022 which also set rules on pay during work suspensions.
For less than six hours of work rendered, the employee is entitled to the proportionate amount of the regular day.
Meanwhile, if the employee did not report to work, he/she is not entitled to pay, unless there is favorable company policy or agreement granting the employee to use leave credits.
The advisory also states that employers may provide extra incentives or benefits to employees who reported to work during inclement weather.
DOLE posted the provision on social media to remind people during the onslaught of southwest monsoon and Typhoon Carina in July.
Human rights lawyer Chel Diokno also later on shed light on the provision which spread a wider awareness.
His TikTok video garnered 450,000 likes and 5.3 million views.
@attycheldiokno Sa panahon ng bagyo, bawal kang piliting pumasok sa trabaho. Alamin ang iyong mga karapatan! #EmployeeRights #DOLE #LegalLifehack #tiktoklawyer #lawyersoftiktok #lawyerphilippines #philippinestiktok ♬ original sound – Atty. Chel Diokno
However, some employees echoed some experiences not reflective of the labor code, exposing concerning practices in some workplaces.
“Uso po yan sa BPO (Business process outsourcing). Wala sila pakialam dahil ang dahilan nila nasa abroad naman daw ang pagsisilbihan at wala dito sa Pinas,” a Filipino user commented.
“Aminin natin hindi nasusunod yan. Kait nasa labor code yan. Papagalitan ka pa kapag di ka pumasok,” another user wrote.
“It’s crazy how the law seems so alien when compared to what’s actually happening in real life,” a different Pinoy said.
TikTok creator @sanfernandoeli also explained the same advisory during the onslaught of Typhoon Enteng, reminding viewers to prioritize safety over employers’ demands.
He also called out team leaders that force workers to come to work despite unfavorable circumstances.
@sanfernandoeli PAALALA ulit: HINDI kayo PWEDENG PILITIN na pumasok pag may BAGYO O BAHA. Stay safe and dry mga boss 🫡☔️⛈️ #fyp #fypシ #fypシ゚viral #DOLE #bagyo #EntengPH #habagat #metromanila #workersrights #minimumwage ♬ original sound – eli
Similarly, Pinoys online aired complaints about their work conditions in the comment section.
“Buti pa ang Senado kapag may bagyo nagsususpende ng pasok samantalng kami mga nasa kompanya mga immortal kahit nabagyo pinapapasok tas [kapag] umabsent may D.A pa, kapag late may notice of explanation pa,” a Pinoy TikTok user wrote.
“Legit yung sa BPO boss gusto pag mag-aabsent ka yung pang life and death situation pag sinabi mong baha sainyo sasabihin ng TL (team leader) mo ‘magdala ka lang salbabida’ 😭,” complained another Filipino.
“Nung bagyong Carina hindi pumasok anak ko na call center kasi ang taas na ng baha sa bahay namin. Pero pinakuha pa siya ng [barangay] certification na talagang binaha kami para maaprubahan yung leave niya,” a mother shared online.
DOLE once again reminded the public to conduct “hazard identification and risk assessment” and implement control measures.
The department also extended DOLE Hotline 1349 for labor concerns, which is open 24 hours Mondays to Fridays and 6 a.m. to 10 p.m. on Saturdays.
Complaints can also be directly sent through DOLE’s Facebook page, or emailed to [email protected]—with name, address, contact number and concern.
