ECOP Webinar on DOLE D.O. No. 209

“Guidelines on the Adjustment Measures Program for Affected Workers due to Coronavirus Disease 2019”

20 March 2020, 2:00PM – 4:00PM

 

On March 16, 2020, President Rodrigo Duterte declared the entire Luzon area under “enhanced community quarantine”, which is effectively a lockdown, in response to the fight against the spread of COVID-19 in the country. The “enhanced community quarantine” mandated the temporary shut down of non-essential shops and business, until further notice. Businesses then were encouraged to practice a work from home policy, or a flexible work arrangement, to help cushion the massive impact of this ongoing pandemic. Consequently, the Department of Labor and Employment issued DO No. 209 entitled “Guidelines on the Adjustment Measures Program for Affected Workers due to Coronavirus Disease 2019”.

 

ECOP conducted a webinar on  DO No. 209 on March 20, for the purpose of helping the business community understand not only the provisions but also other issues surrounding the said new guidelines.

 

The following is the summary of the Q&A:

1. Who is eligible for CAMP? The following are eligible to apply for the CAMP program:

    • Those who are not working and have exhausted all their leave credits
    • Partially paid employees not receiving regular wage
    • Agents (Those who only receive allowances or sales commissions)
    • Project-based employees
    • Third party contractors (Provided that the contracting agency will be the one to submit the application considering that it is the employer; and not the company which availed the outsourcing)
    • Daily-paid employees (arawan)
    • Employees on a “no work, no pay scheme”
    • Employees whose work days are reduced/compressed
    • Employees whose company decided to shutdown despite being an essential establishment that must be open despite the ECQ
    • Managerial and supervisory level employees who are still under probation
    • Employees who are on Leave of Absence or on Suspension status during the quarantine period
    • Foundations and private schools
    • Employers who gave out pro-rated 13th month pay but employees receive no salary
    • Company who gave “VALE”
    • Companies who will give work to their employees until March 31 only

 

2. Who are not eligible for CAMP? (General Principle: If they receive salary and/or assistance from their employers, they are not qualified)

    • Those who are working (Work-From-Home/on-site) and receiving their regular wage in full
    • Employees who have not exhausted all their leave credits
    • Employees who cannot do remote work
    • Consultants who are paid on an hourly basis
    • Employees whose employers provide them assistance during the quarantine period
    • Female employee on maternity leave on the ground that she receives pay in full
    • If the employer will “lend” money to their employees by paying their salaries during the quarantine period but employer will deduct the excess payment to the succeeding salary
    • Employees whose company is close for a certain number of days only, but is again back in operation
    • Employees whose company is in temporary closure but allowed to operate (i.e. gasoline station)

 

3. How to treat the “non-conditional” clause?

    • It can be used in a situation where an employee does not want to use his/her leave credits if the company is in a “no work, no pay” scheme

 

4. How to file for the employees?

    • In the employee list, only include those employees who are directly affected by the current situation. No need to include in the list those employees who are not affected
    • As regards payroll, a company still needs to submit the masterlist including those who are not affected

 

5. Who can sign the documents?

    • This is an internal arrangement within the company.
    • Officer-in-Charge, provided that he is authorized
    • HR Head, provided that he is authorized
    • In sum, anyone duly authorized by the company will suffice

 

6. Is e-signature accepted?

    • Yes, if employer/s will allow it

 

7. How will the beneficiary receive the Php5,000 financial assistance?

    • If direct bank transfer or money remittance to beneficiary cannot be availed, the assistance will be transferred to the Employer’s company bank account, and then the payment system being utilized by the company will serve as the avenue to transfer the financial assistance. The company shall fulfill a liquidation system to be submitted to DOLE

 

8. Can company release in advance the CAMP financial assistance and then later claim for the amount to DOLE?

    • If the company can afford to do it, then it would be better

 

9. Is the financial assistance taxable?

    • No

 

10. Can the employee himself apply for the financial assistance?

    • No, the employer/owner of the business should file on behalf of the employees

 

11. Should the company pay salary of employees hired on March 16 even though company was forced to implement work-from-home on March 17?

    • There will be no need to pay them because they have not started work yet

 

12. Is there a line of priority?

    • Priority is given to those which belong to MSMEs
    • Large companies are last priority

 

13. Is there a specific format for the payroll that needs to be submitted?

    • There is no need to submit a payroll. A pay slip will suffice.

 

14. Agency workers were advised to take a forced leave, but recalled due to lack of personnel. Can they refuse?

    • Yes, they can refuse because the situation makes it difficult for them to come to work. Also, it is being encouraged that everyone should stay at home. If the company needs its employees, then the company should provide a means of transportation.

 

15. Can the HR sign on behalf of the owner / is digital signature accepted?

    • If HR has authority, then yes. This is an administrative arrangement.

 

16. What kind of document copy will DOLE accept?

    • Scanned copy of documents
    • Soft copy of documents

 

17. Do company need to pay salary of employees who are PUI/PUM and on leave?

    • As per the March 18 advisory, workers who have been identified as PUI/PUM, their leave will be paid regardless of whether they filed leave or not.

 

18. Does company need to pay salary if employee is absent due to ECQ?

    • This depends on the arrangement between the employee and employer. If they are on a no work, no pay scheme then employee who is absent due to ECQ is not to be paid by the company.

 

19. Will the deadline be strictly implemented?

    • DOLE will not observe the period of deadline stated in the order. Company can still submit provided that they can submit it as soon as they go back to the office on April 15 onwards.

 

20. Who needs to submit additional requirements?

    • Establishments which have branches across the country
    • Establishments which have employees that are deployed outside NCR

 

21. How do these companies with several branches file?

    • The head office shall do the filing. An additional requirement shall be submitted in order to identify the number of workers, who they are, in which branch do they work, and in what region is the branch located.

 

22. How long will the validation take before the beneficiaries may receive the financial assistance?

    • DOLE has a self-imposed deadline of 3 days in which they should be able to comply. However, truth be told, the waiting period could be extended to a week due to the voluminous paper work that needs to be done before the actual allocation of the financial assistance.

 

23. How to answer the salary column in the form?

    • No need to answer the salary column in the form.

 

24. Can the company resubmit if first application is denied?

    • No, one-time application only.

 

25. Can the government make a law on hazard pay, at least for those who are tasked to continue working despite the ECQ?

  • Currently, the Labor Code does not provide for hazard pay. Let us see it our lawmakers will do something.

 

26. How to pay for employees under the skeletal workforce?

    • Pay only for the days that they render work.

 

27. Did DOLE provide any guidelines for any work arrangement? i.e. Work-from-Home or Compressed Work Week

    • There is an existing guideline on Work-from-Home and Compressed Work Week under Labor Advisories 9 and 11.