Work Suspensions in the Private Sector: Weathering the Storm Safely under Labor Advisory No. 17-2022

As a series of typhoons brought fierce winds and heavy rains to the Philippines, many local government units and the National Government responded with swift work suspensions in public offices and schools. These actions sparked widespread discussions across social media, leading the Department of Labor and Employment (“DOLE”) to issue timely reminders about work suspension policies for the private sector.

Labor Advisory No. 17-2022 (the “Advisory”) highlights the rights and responsibilities of both employers and employees during severe weather events, underscoring that private-sector employees cannot face penalties for missing work due to dangerous weather conditions. The Advisory also empowers employers to suspend work when necessary for employee safety while providing clear wage guidelines for these suspended workdays.

Let us break down the key points of this advisory and how it reinforces employee rights during extreme weather, helping both employers and employees understand how to prioritize safety without compromising legal responsibilities.

Employer’s Management Prerogative 

Management prerogative grants employers the right to manage their business as they see fit, including making decisions on work suspension during calamities.¹ However, the exercise of this prerogative must be in good faith, aiming to advance business interests without circumventing employees’ rights protected under labor laws or valid agreements.²

The concept of imminent danger plays a pivotal role in these situations. Under Republic Act No. 11058, imminent danger refers to conditions in the workplace that could reasonably be expected to result in serious harm or death if left unaddressed.³

This is key in the Advisory, which empowers employees to refuse unsafe work if such risks are present.

Suspending Work for Employee Safety

The Advisory provides that private sector employers, in the exercise of their management prerogative, have the authority to suspend work when weather disturbances or similar situations pose a danger to employee health and safety.⁴

This decision should be coordinated with the company’s safety committee, safety officer, or another responsible officer.⁵

Wage Guidelines for Suspended Workdays

The Advisory offers specific wage guidelines for work suspensions:

• If unworked: Employees are generally not entitled to regular pay unless there is a favorable company policy, collective bargaining agreement, or other arrangement that provides for it. Employees may also opt to use accrued leave credits.⁶

• If worked: Employees who work at least six (6) hours are entitled to a full day’s pay, while those working less than six (6) hours are entitled to a proportionate amount.⁷

DOLE also encourages employers to provide extra incentives or benefits to employees who report to work despite challenging weather conditions to support their dedication during such disruptions.⁸

Protection for Workers Unable to Report to Work

The Advisory underscores the importance of protecting employees who cannot or choose not to work due to hazardous conditions. Employees who refuse to work under these circumstances cannot face administrative sanctions, further reinforcing their right to prioritize personal safety over workplace obligations.⁹

As severe weather events become more frequent, the Advisory serves as a vital framework for ensuring employee rights and safety in the private sector. By empowering employers to suspend operations for safety and providing clear wage guidelines, DOLE supports a culture of compassion and responsibility during times of crisis.

Prepared by Christian Justin Streegan.

FOOTNOTES

1. Asian Marine Transport Corp. v. Caseres, G.R. No. 212082, November 24, 2021.
2. Id.
3. Section 3(i), Chapter II, Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof, Republic Act No. 11058, August 17, 2018
4. Section 1, Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences, Labor Advisory No. 16, s. 2022, 23 August 2022.
5.  Id.
6. Section 2, Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences, Labor Advisory No. 16, s. 2022, 23 August 2022.
7. Id.
8.  Id.
9. Section 3, Suspension of Work in the Private Sector by Reason of Weather Disturbances and Similar Occurrences, Labor Advisory No. 16, s. 2022, 23 August 2022.