DOLE: No liability for employee if they skip work due to danger risk from weather

The Department of Labor and Employment (DOLE) on Wednesday reiterated its guidelines on work during inclement weather, saying that employees face no liability if they refuse to work during dangerous circumstances—but they are also not entitled to be paid their salary.

According to Labor Advisory 14 ("Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences") signed by DOLE Secretary Francis Tolentino, it is still within the prerogative of private employers if they want to suspend work for the day.

In terms of paying wages, the “no work, no pay” scheme applies.

If the worker does not render hours, “the employee is not entitled to regular pay, except when there is a favorable company policy, practice, or collective bargaining agreement granting payment of wages on the said day or when the employee is allowed to utilize his/her accrued leave credits.”

If an employee does work, they are entitled to their full regular pay as long as they rendered more than six hours. If they render less than six hours, the employee is only entitled to the proportionate amount of the regular pay.

However, DOLE stressed that employees are allowed to refuse to work if it is dangerous.

“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,” DOLE said.

Classes and government work have been repeatedly suspended amid non-stop rains caused by the southwest monsoon. — Jean Mangaluz/BM, GMA News