EMPLOYERS cannot bar their workers living in coronavirus disease (Covid-19) high risk areas from reporting to work, the City Legal Office (CLO) said.
In a legal opinion released on May 25, assistant city legal officer Osmundo P. Villanueva Jr. noted that “employers should allow the said employees to report for work and subject them to periodic Covid-19 testing at their (employers) expense in accordance with Section VII of the same DTI-DOLE Interim Guidelines. This section even mandates that workers with negative tests shall continue to work.”
However, the employers may suspend their employees from physically coming to their offices provided that they adopt alternative work arrangements without deductions on salaries and benefits.
“Employers are highly encouraged to allow these workers to do work from home arrangement. Work agreements should be developed to detail the deliverables from these employees and there shall be no diminution in wages and benefits,” he said, adding that it includes the “most at risk and vulnerable” workers.
With no adoptable viable work scheme, the CLO recommended that employers and the employees come up with necessary work adjustments and that the employer must continue paying just wages of the affected employees, Villanueva said.
“The right of the employer is likewise fairly protected because under the scheme, the employee still has to render services to earn his wage. This is consonant with the declared policy of the state to afford protection to labor as well as the employer,” he added.
In her interview on the Davao City Disaster Radio, Davao City Mayor Sara Duterte-Carpio said the concern was raised by workers who are living in Barangay 23-C.
She said the workers were reportedly prohibited to go to their workplaces because they came from a high-risk area.
As of May 25, Barangay 23-C is classified as a “very high-risk” barangay.
Meanwhile, Duterte-Carpio also reiterated that conducting Covid-19 testing on employees before returning to work is not required as advised by the Department of Health (DOH).
She said employers must refer to the guidelines on returning to work set by the DOH Department Circular 2020-0220 if they decide to test their workers with either reverse transcription-polymerase chain reaction (RT-PCR) and rapid antibody test.