Can your boss require you to work during bad weather?

During the rainy season, every working Filipino in the country knows all too well what that means: heavier traffic and flooded streets. Queues at the MRT snake all the way down to EDSA, and ride-hailing apps jack up their prices while taking over 45 minutes to even just accept a booking.

While the weather wreaks havoc on the Philippines, traveling to and from work becomes a game of survival.

Some companies have measures in place to accommodate potential employee absences during bad weather. But for employees working in an organization that sees things otherwise, what options are there?

The Labor Code of the Philippines has provisions that look after your well-being in such circumstances. So, yes, your boss can require you to work while it's raining heavily in your area—but the law's got your back.

"Employees have the right not to be exposed to danger. Employers are expected to ensure the safety of their workers and may not require them to work if it would endanger their health or safety," Atty. Chelsea Liao-Ariza, who specializes in labor law, told PhilSTAR L!fe.

That is "unless [your] role is integral to business continuity onsite—property management, for example," noted Brian De La Fuente, a former recruitment officer at BPI.

Otherwise, the law prohibits employers from requiring staff to work onsite during bad weather so that it can "minimize risk from physical injury or ailments. Additionally, it allows employees to take care of their significant others and property," he added.

There may be the possibility of termination for repeated absences and work unproductivity during such times, but it is small.

"Under the Labor Code, an employer may terminate an employee for just causes, including ‘gross (serious) and habitual (repeated) neglect by the employee of his duties’ and ‘serious misconduct or willful disobedience.’ Habitual absenteeism may, in some cases, be considered gross neglect of duty," added Liao-Ariza.

"However, the Supreme Court has recognized that absences caused by natural calamities, such as floods or typhoons, are generally considered justifiable and do not constitute valid grounds for dismissal," she said.

Nhei Naguit, human resources business unit head of a retail company, quoted DOLE Labor Advisory No. 17 in support of this action: "Employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction."

But what if the boss insists and threatens dismissal otherwise? What can workers do?

"It's best that the employee not say anything over the phone. Don't add fuel to the fire," Naguit suggested. "Instead, send an email [to corporate] and attach the DOLE Labor Advisory for Weather Disturbances memo. In your email, say that refusal to work because of bad weather is legal. And if the boss still decides to dismiss you due [to your absence], then you can file an illegal dismissal case, or dismissal without due process, with DOLE."

Remember, too, that if a private company's human resource policies include emergency leaves, their employees are entitled to these. An absence, then, would mean a deduction in leave credits.

Government employees don't have to worry about this. According to the Civil Service Commission, "those residing or working in areas officially declared under a state of calamity may use up to five days of special emergency leave within 30 days from the onset of the disaster."

The special leave is outside of employees' leave credits, and "may be taken either consecutively or on separate days," according to the CSC.

Employers' rights

It's important to note that the same Labor Code includes clauses that give employers certain rights as well.

On one hand, they have the right to suspend work altogether during bad weather.

DOLE's Labor Code No. 17 said "employers in the private sector may, in the exercise of management prerogative and in coordination with the safety and health committee, or 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."

On the other hand, the law allows them to insist on the continuation of work despite severe weather, but with conditions.

"The law also protects employers [in that] they can require their workers to still work despite calamities. This is stated in Article 89 of the Labor Code as Emergency Overtime Work," Atty. Joseph Ian F. Motus told L!fe. "We have to understand that there are some occupations with public interest. So despite storms or natural calamities, there are some businesses and occupations that need to continue operations."

Such work is usually in the realms of public health and safety, utilities, BPOs, the food industry, where perishable goods have a strict shelf life, and tasks directly involved in local or national emergencies and security.

Compensation

Working during natural calamities qualifies an employee for hazard pay.

"An employee who is required to work and go onsite [during a calamity] should be entitled to hazard pay, as employees [will risk] their safety [to fulfill] their duty to their employer," said De La Fuente.

According to the HR expert, there are also DOLE-mandated measures that every HR department is expected to implement during bad weather.

Aside from suspension of work, De La Fuente noted employers are also expected to give an additional 30% of the employee's basic wage if they come to work.

On the other hand, "if an employee cannot work, a no-work-no-pay policy is enforced unless the employee uses their leave credits or have flexi-work arrangements," he added.

Be proactive

So that employees can stay on the safe side, Liao-Ariza suggested those who choose not to work during natural calamities immediately notify the employer, document the circumstances, file a formal explanation or leave application, and maintain open communication.

Being proactive as early as salary negotiations will help employees, as well, according to the lawyer. It is a good idea to scrutinize your contract for any clauses that may force you to go to work without conditions.

You also need to watch out for clauses that employers may slip into your contract, she noted. These include "mandatory attendance regardless of weather/emergency, a waiver of rights to refuse unsafe work, automatic dismissal for absence during calamity, and prohibition on seeking government relief or filing complaints—for instance, filing a labor case before DOLE and the National Labor Relations Commission."

Per Naguit, your contract might also include extra benefits from the company, though you can always avail of an SSS calamity loan.

The HR expert noted that human resources departments are on extra alert whenever there are floods and typhoons, watching out for the well-being of the company's employees.

She pointed out that there are firms that bring relief goods and, sometimes, even financial assistance to affected employees. "And if they need support from hospitalizations, the HR team assists them, especially if they are a part of the company’s HMO."

At the end of the day, Naguit stressed, good companies are those that put their employees' well-being first, and those that offer support "by ensuring their employees and their families are safe at all times."