Rules on work suspension, payment of wages during weather disturbances out

Employees who report for work during weather disturbances are entitled to full regular pay provided that they have worked for not less than six hours, said Labor Secretary Bienvenido E. Laguesma.

The directive was contained in Labor Advisory No. 17, Series of 2022 issued by Secretary Laguesma to guide private sector employers on the suspension of work and the appropriate payment of wages during inclement weather conditions and calamities.

Secretary Laguesma emphasized that private sector employers have the prerogative to suspend work to ensure the safety and health of their employees.

“Except as provided for by law or appropriate proclamation, employers in the private sector may, in the exercise of management prerogative and in coordination with the safety and health committee, safety officer, or any other responsible company officer, suspend work to ensure the safety and health of their employees during weather disturbances and similar occurrences,” said the labor chief.

If the company needs to continue with its operations, employees who will report for work are entitled to full regular pay provided that they have rendered work for not less than six hours.

Those who will render work for less than six hours 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.

Laguesma also enjoined employers to provide extra incentives or benefits to employees who will report for work despite weather disturbances and similar occurrences.

On the other hand, employees who fail or refuse to work by reason of imminent danger resulting from inclement weather conditions shall not be subject to any administrative sanction.

However, they are also 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.

Those with accrued leave credits, meanwhile, may be allowed to utilize such benefits so that they will be compensated on the said day.

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