How willing are you to go to work during a typhoon? Some are willing to brave the storms to get to work on time, especially if their area is less affected. But others are understandably more hesitant to leave the house due to weather disturbances. They could end up stranded somewhere during their commutes or in their offices. In the worst case scenario, leaving the house during a typhoon can lead to injury or death. But if your workplace is requiring you to come in, what can you do?
Labor Advisory No. 17 Series of 2022 provides and emphasizes that employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction against them.
The same Advisory also provides the following rules governing suspension of work in the private sectors during weather disturbances and similar occurrences:
“Section 1. Suspension of Work. – Except as provided for by the law or an appropriate proclamation, employers in the private sector may, in the exercise of their own prerogative and in proper coordination with their respective safety and health committee or any other responsible company officer, suspend work to ensure the safety and health of their employees during weather disturbances and similar occurrences.”
For employers, it is important to note of the following rules regarding the payment of wages during these times:
If unworked: The employee is not entitled to regular pay if the employee does not report to work, except when there is a company policy or collective bargaining agreement providing otherwise, or when the employee is allowed to utilize their accrued leave credits.
If worked: The employee is entitled to full regular pay provided that they have rendered work for not less than six (6) hours. Finally, If the employee has rendered less than six (6) hours or work, they shall only be entitled to the proportionate amount of the regular pay, without prejudice of any existing policy or practice providing otherwise.