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House bill seeks clear work suspension rules in stormy weather


How much rain and how high should floodwaters be before employers let their employees skip work during a typhoon?
 
Both the employer and employee will have the answer to these questions if House Bill 5358, filed by Diwa party-list Rep. Emmeline Aglipay-Villar, becomes a law.
 
The proposed Typhoon Code of Practice Act requires employers to craft a document outlining the automatic procedures to be followed and the benefits that will accrue to the employees when typhoon signals are raised in the area of their work place.
 
Under the measure, employers are not supposed to make deductions from an employee's wages or leave of absence or impose a penalty if they fail to show up for work during a typhoon or the employee needs to rescue or help his or her family during extreme weather disturbances. Employees, in turn, must show proof why they cannot go to their work place on a particular day.
 
The bill also features an employer’s Typhoon Code of Practice that include the following:
  • A classification of essential and non-essential employees
     
  • The typhoon signal and rainfall warning level when non-essential employees are not required to report for work
     
  • The sources of information to be considered as “accredited sources” in determining the validity of flood reports

  • The timeframe within which the information of a typhoon signal, rainfall warning or flood report have been issued 

  • The medium an employer will use to issue an order that cancels work

  • The procedure for canceling work either because of a typhoon signal or the decision of the employer after the employees are already in the work place 

  • The amount of meal and travel allowances and additional compensation for essential employees during bad weather

  • What to do when a typhoon signal or rainfall warning has been lifted downgraded, or when a flood situation has changed
 
Unpredictability
 
While a government typhoon warning system is in place, employers in various places react differently "and may not take into account the particular situation of employees,” Aglipay-Villar said.
 
“The unpredictability of typhoons and the particular needs of employers and employees can create a chaotic situation which exacerbates the exposure of persons to the direct and indirect dangers posed by typhoons,” the lawmaker said.
 
Having a Typhoon Code of Practice will reduce the confusion, miscommunication and inconvenience during typhoons, Aglipay-Villar said. It will also minimize the dangers associated with going to work during inclement weather without unnecessarily impairing business operations, the lawmaker noted. 
 
Suspending work in the private sector is currently at the discretion of employers.
 
The mandatory cancellation of work in government offices is covered by Executive Order No. 66, which automatically happens when PAGASA raises Storm Signal No. 3 or higher over a particular place.
 
In case there is no typhoon signal, local chief executives can cancel or suspend work in government offices, particularly in flood-prone or high-risk areas. – Xianne Arcangel/VS/NB, GMA News
Tags: hb5358, noworkpolicy, typhoon, storm
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