What employers can and cannot do Philippine Labor Law on COVID-19
taken from LaborLaw.ph https://www.laborlaw.ph/legal/what-employers-can-and-cannot-do-due-to-covid-19-coronavirus
What employers can do
- Direct employees to inform HR if they have been potentially exposed to Covid-19 or if they have traveled to high-risk places.
- Instruct employees who exhibit manifest symptoms to undergo medical examination or rest at home.
- Require a medical certificate for return to work for employees who exhibited symptoms.
- Implement flexible working arrangement, telecommuting, and compressed workweek.
- Issue workplace policies and regulations to protect the workforce.
- Frequently sanitize work areas, provide hand sanitizers, and regularly remind employees on best practices to avoid getting the virus.
What employers should not do?
- Ban employees from working if they have been potentially exposed to Covid-19 or if they have traveled to high-risk places. (Instead, employers can direct employees to disclose such information and, where necessary, instruct those who exhibit manifest symptoms to undergo medical examination or rest at home.)
- Require nonessential travel to affected areas.
- Fail to respect the employee’s right to privacy by leaking health or medical information.
- Make medical opinions or spread misinformation to the employees.
- Fail to submit OSH report on work-related illness.
- Discriminate or target certain employees and using the virus as a pretext.
- Suspend or dismiss employees who exhibit symptoms.
Updated: 10 March 2020
About the author
Atty. Jake is a business lawyer and law mentor. He practices on labor and employment, corporate and regulatory compliance, data privacy, intellectual property, negotiations and contracts, as well as handles litigation and arbitration cases.