03/06/2020
CCPLAW Info Board - Transitioning to New Normal
01 June 2020
FAQs on Return to Work:
Q: Is the testing for COVID-19 mandatory for those who will return to work?
A: No. It is not an official requirement for employees to get tested for COVID-19 prior to returning to work physically. In no case shall the testing of all returning workers be construed as a condition precedent for his/her return. It is however optional on the part of employers to have their employees tested.
Q: Who shall bear the cost of COVID-19 testing in case employers opt to have their employees and workers tested?
A: The cost of the test not covered by Philhealth shall be borne by the employer.
Q: May an employee nonetheless be required to undergo testing?
A: Yes, but only when the employee is showing symptoms. If the employee is asymptomatic, no testing may be required prior to returning to work.
Q: Are there measures which employers must adopt in resuming business operations? What are these measures?
A: Yes. Under the DOH guidelines, employers must do the following:
a. Adopt business continuity plans to prevent the spread of COVID-19;
b. Develop a work arrangement to observe physical distancing by reducing the number of people in the workplace and also reduce the need to travel, including work from home for high-risk employees and those whose tasks can be done at home;
c. Provide social support through formulation of appropriate policies on sick leave and medical insurance coverage to accommodate the COVID-19 situation, and pay allowance from the employer;
d. The employer shall also provide proper visual reminders for safety policies around the workplace to improve compliance;
e. The DOH also encourages employers to look after the other aspects of their employees’ health.
Q: Who are the so called “high-risk” employees?
A: High-risk employees include individuals beyond 60 years , or of any age with co-morbidities, or pre-existing illness such as hypertension, diabetes, cancer, or immunocompromised health status, or with high-risk pregnancy.
Q: Upon resumption of operations, are there prevention and control measures which employers must implement in the workplace? What are these measures?
A: Yes. Employers must:
a. Strictly implement daily temperature check and symptom monitoring and recording of all employees reporting for work; workplace facilities shall screen returning employees/workers for influenza-like symptoms;
b. Establish referral network for employees who will develop symptoms and should advise their employees and workers to undergo testing if symptoms present;
c. Enforce infection control procedures such as physical distancing, wearing of masks, meticulous hand hygiene, and cough etiquette;
d. Ensure wearing of appropriate PPE based on the setting of work (e.g. face shields and masks for those who render service via face-to-face encounters, full PPE for frontline healthcare workers, etc.);
e. Implement activities to promote physical and mental resilience among employees; and
f. Ensure that the workplace is properly disinfected, ventilated, and maintained.
Q: What must be noted in screening employees returning to work?
A: Returning employees and workers physically reporting to their place of employment shall be screened for symptoms of COVID-19, including fever, cough, colds, and other respiratory symptoms, and/or relevant history of travel or exposure within the last 14 days.
Q: Are all employees and workers allowed to physically return to work?
A: No. Returning employees and workers who are symptomatic with relevant history of travel/exposure on the date of work resumption shall not be allowed to physically return to work and must consult with their primary care provider.
Returning employees and workers who were symptomatic with relevant history of travel/exposure within the last 14 days prior to the date of work resumption shall present the Certificate of Quarantine Completion duly issued by the step-down care facility or local health office, whichever is applicable based on the latest DOH guidelines on reintegration of suspect, probable, and confirmed COVID-19 cases.
If asymptomatic within the last 14 days prior to the date of work resumption, employees and workers can be cleared to physically return to work.
Q: What are the alternative work schemes available for employers to cut labor costs?
A: As an alternative to termination of employment or closure of business, any or a combination of the following may be adopted:
a. Transfer of employees to another branch or outlet of the same employer;
b. Assignment of employees to other function or position in the same or other branch or outlet of the same employer;
c. Reduction of normal workdays per day or week;
d. Job rotation alternately providing workers with work within the workweek or within the month;
e. Partial closure of establishment where some units or departments of the establishment are continued while other units or departments are closed; and
f. Other feasible work arrangements considering specific peculiarities of different business requirements.
Flexible work arrangements in previous issuances of DOLE may also be adopted.
Q: Are the flexible work arrangements permanent?
A: No. Except as otherwise provided by law (e.g. RA 11165 Telecommuting Act), the alternative work schemes mentioned above are temporary in nature and shall be adopted for as long as the Public Health Crisis exists.
Q: Can employers adjust employees’ wages and wage-related benefits?
A: Yes, subject to agreement between the employer and the employees. Employers and employees may agree voluntarily in writing to temporarily adjust employees’ wage and wage-related benefits as provided for in existing employment contract, company policy or collective bargaining agreement.
Q: What is the allowable period for employers to implement adjusted wages and wage-related benefits of its employees?
A: The adjustments in wage and/or wage-related benefits shall not exceed 6 months or the period agreed upon in the collective bargaining agreement, if any. After such period, employers and employees shall review their agreement and may renew the same.
Q: Are employers required to report its adoption of alternative working schemes to DOLE?
A: Yes. Employers shall report the alternative working schemes adopted; submit duly certified copy of all agreements involving work-from-home or telecommuting work arrangements and alternative work schemes; and/or accomplish establishment termination report to the DOLE Regional Office having jurisdiction over their principal place of business. All reporting requirement shall be submitted pursuant to the prescribed form of the Bureau of Working Conditions.
Q: Who shall shoulder the cost of COVID-19 prevention and control measures?
A: The employer shall shoulder the cost such as but not limited to the following: testing, disinfection facilities, hand sanitizers, personal protective equipment (PPEs i.e. face mask), signages, proper orientation and training of workers.
Q: May employers be allowed to charge cost of COVID-19 prevention and control measures to its employees?
A: No. No cost related or incidental to COVID-19 prevention and control measures shall be charged directly or indirectly to the employees.
Q: How can employers properly monitor and implement control and prevention measures in workplaces?
A: Employers shall designate the safety officer to monitor COVID-19 prevention and control measures such as physical distancing, wearing of masks, regular disinfection, compliance to thermal scanning and accomplishing health symptoms questionnaire.
Q: Are employers required to submit reports to DOLE and DOH?
A: The employer shall provide the DOLE through its Regional Office copy furnished DOH, monthly reporting of illness, diseases, and injuries utilizing the DOLE Work Accident/Illness Report Form (WAIR).
Sources:
1. Department of Health Department Memorandum No. 2020-0220: “Interim Guidelines on the Return-to-Work” and Department Circular 2020-0206 -
https://drive.google.com/file/d/1NHtdXZQb-9l0AYO20roIZoun_FaTYyFt/view?usp=sharing
https://drive.google.com/file/d/1y_PH0_z_V8gfgMuOpacJ7NDhHpN6LwxX/view?usp=sharing
2. Inter-Agency Task Force (IATF) Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines -
https://drive.google.com/file/d/144U5k5rWIiaPs4rmpDgqecWnmn5tDfGn/view?usp=sharing
3. Department of Trade and Industry (DTI) and Department of Labor and Employment (DOLE) Interim Guidelines on Workplace Prevention and Control of COVID-19 -
https://drive.google.com/file/d/188pxNsXcqC0lmt6m5ZXxNaswEj9InYzE/view?usp=sharing
4. Department of Labor and Employment (DOLE) Labor Advisory No. 17 Series of 2020: “Guidelines on Employment Preservation Upon the Resumption of Business Operation” -
https://drive.google.com/file/d/1MNbrVXImJFng4DDLjsLnr3NGqLiO5O47/view?usp=sharing
5. Department of Labor and Employment (DOLE) Labor Advisory No. 18 Series of 2020: “Guidelines on Cost of Covid-19 Prevention and Control Measures” -
https://drive.google.com/file/d/1mQCNxWmibIbkCy6MngXeTTOkLSKgU03G/view?usp=sharing
