Published 27 July 2025, The Daily Tribune
By reason of the successive typhoons hitting the Philippines’ area of responsibility, Filipinos are again made to endure heavy rains, strong winds and, worse, floods that endanger our lives and put our loved ones at risk. During these trying times, there is much discussion about work suspensions by the government and by private establishments. There is, however, little to no discussions pertaining to employee’s pay in the event that private establishments declare suspension of work in the exercise of their management prerogative and the consequences of the employee’s refusal to work by reason of imminent danger to his/her life due to weather disturbances.
Labor Advisory No. 16, series of 2022, entitled Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences tackles these issues.
Under this Labor Advisory, private establishments are allowed to exercise their management prerogative to suspend work in order to ensure the safety and health of their employees during weather disturbances and similar occurrences. Work suspensions should be done in coordination with the establishment’s safety and health committee, or safety officer, or any other company officer.
In cases when the private establishments deem it necessary to declare work suspension, the Labor Advisory provided for the following pay rules:
- If the employee did not work during the work suspension, the employee shall not be 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 the employee was made or permitted to work during the work suspension, the employee shall be entitled to regular pay, provided the he/she has rendered work for not less than six (6) hours. If less than six (6) hours of work, the employees shall only be entitled to the proportionate amount of the regular pay, without prejudice to existing company policy or practice more beneficial to the employee.
The Labor Advisory further encourages private establishments to provide extra incentives or benefits to employees who reported to work on days riddled by inclement weather conditions.
Further, the Labor Advisory answers the lingering question on whether employees should be held accountable for the failure or refusal to report to work due to weather disturbances. Section 3 thereof states that employees who fail or refuses to work by reason of imminent danger resulting from weather disturbances shall not be subject to any administrative sanction. Surely, the Labor Advisory addresses and attempts to alleviate the plight of employees during times of emergency.
The challenges posed by severe weather disturbances in the Philippines remind us of the importance of prioritizing the safety and well-being of employees in the workplace. Labor Advisory No. 16, series of 2022, serves as a crucial framework, guiding both private establishments and employees through the complexities of work suspensions during adverse weather conditions. By clarifying pay rules and acknowledging the right of employees to refuse work in the face of imminent danger, this advisory aims to foster a more supportive and understanding work environment during times of crisis. As Filipinos face the realities of typhoons and flooding, it is essential for employers and employees work together for safer working conditions.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
