Guidelines on Employment Preservation upon the Resumption of Business Operation
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Guidelines on Employment Preservation upon the Resumption of Business Operation
LABOR ADVISORY NO. 017-20
May 16, 2020
Case Overview and Summary
Labor Advisory No. 017-20: Guidelines on Employment Preservation Upon the Resumption of Business OperationCoverage:
- Applies to all employers and employees in the private sector operating or resuming operations under enhanced community quarantine, general community quarantine, or other quarantine arrangements. (Section 1)
Health Standards:
- Employers must observe minimum health standards pursuant to DTI-DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19, DPWH Construction Safety Guidelines, and DOH Interim Guidelines on Return-To-Work. (Section 2)
Work From Home (WFH) or Telecommuting Work Arrangement:
- Establishments are highly encouraged to adopt WFH or telecommuting arrangements when feasible. (Section 3)
- Employees on WFH or telecommuting shall be provided with adequate support to perform assigned tasks. (Section 3)
Alternative Work Schemes:
- As an alternative to termination or closure, employers may adopt: (Section 4)
- Transfer of employees to another branch or outlet.
- Assignment of employees to other functions or positions in the same or other branches.
- Reduction of normal workdays per day or week.
- Job rotation alternately providing work within the workweek or month.
- Partial closure of establishment where some units continue while others are closed.
- Other feasible work arrangements considering business requirements.
- These alternative work schemes are temporary and shall be adopted for as long as the public health crisis exists. (Section 4)
Wages and Wage-Related Benefits:
- Employers and employees may agree voluntarily and in writing to temporarily adjust wages and wage-related benefits as provided in employment contracts, company policies, or collective bargaining agreements (CBAs). (Section 5)
- The adjustments shall not exceed six (6) months or the period agreed upon in the CBA, if any. (Section 5)
- After such period, employers and employees shall review their agreement and may renew the same. (Section 5)
Entitlement of Separated Employees:
- Employees separated due to authorized cause shall be entitled to final pay pursuant to Labor Advisory No. 6, Series of 2020, without prejudice to other benefits provided by law, company policy, and/or CBA. (Section 6)
Reporting Requirement:
- Employers shall report the alternative working schemes adopted, submit certified copies of agreements pursuant to Sections 3 and 4, and/or accomplish establishment termination reports to the DOLE Regional Office having jurisdiction over their principal place of business. (Section 7)
- All reporting requirements shall be submitted pursuant to the prescribed form of the Bureau of Working Conditions. (Section 7)
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Guidelines on Employment Preservation upon the Resumption of Business Operation
LABOR ADVISORY NO. 017-20
•May 16, 2020
May 16, 2020
LABOR ADVISORY NO. 017-20
GUIDELINES ON EMPLOYMENT PRESERVATION UPON THE RESUMPTION OF BUSINESS OPERATION
Pursuant to Article 5 of the Labor Code of the Philippines, as amended, and in order to assist employers resume their business operations while preserving the employment of their workers, this Guidelines is hereby issued.
SECTION 1. Coverage. — This Advisory shall apply to all employers and their employees regardless of employment status in the private sector operating or allowed to resume business operations under enhanced community quarantine, general community quarantine or other quarantine arrangements.
SECTION 2. Health Standards. — All employers whose business operations are allowed to continue or resume to operate shall observe the minimum health standards pursuant to the Department of Trade and Industry (DTI) and Department of Labor and Employment (DOLE) Interim Guidelines on Workplace Prevention and Control of COVID-19 dated April 30, 2020; Department Order No. 35, Series of 2020 dated May 4, 2020 on Construction Safety Guidelines for the Implementation of All DPWH Infrastructure Projects during the COVID-19 Public Health Crisis and Department Memorandum No....
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