Workers may skip work due to heat

CEBU, Philippines — Workers have the option not to report for work to avoid the scorching heat, but they would not get paid for that day.

Labor Secretary Bienvenido Laguesma, as provided under Department of Labor and Employment (DOLE) Advisory No. 17-2022, said an employee has the option not to report for work due to dangers linked to extreme heat.

"Extreme heat is a form of weather disturbance, like El Niño. If reporting will expose the worker to danger, whether actual or imminent, then the worker is justified not to report or render work," he said.

"(This is) not simply because of extreme heat but also due to unsafe and unhealthy conditions," he further said.

Labor Undersecretary Benjo Benavidez explained that the concept of imminent danger applies to all unsafe conditions that may be brought about by human-induced and natural disturbances, including El Niño.

He said that an employee who fails or refuses to work by reason of imminent danger resulting from weather disturbances and similar occurrences is free from administrative sanction.

The same DOLE advisory, however, also provides that the employee who opts not to work is not entitled to regular pay, except when there is a favorable company policy, practice, or collective bargaining agreement granting payment of wages on the said day, or when the employee is allowed to utilize accrued leave credits.

Laguesma reminded employees to inform their employers when taking such a leave to avoid any misunderstanding in the workplace.

“It is incumbent on the worker to inform/notify the employer for the guidance of the latter so that contingency measures can be put in place and adopted,” he said.

Meanwhile, labor group Kilusang Mayo Uno (KMU) said that the government and employers are equally responsible for workers’ health and safety at work amid the extreme heat.

KMU secretary general Jerome Adonis said extreme heat negatively impacts workers inside formal work, but those working in agriculture, docks and construction, delivery riders, and other platform workers are at a higher risk of heat stress, and possibly heat strokes.

Adonis criticized the DOLE guidelines as they do not cover the protection of outdoor workers.

He further criticized the “Employers Confederation of the Philippines” for pushing for “heat breaks” for select employees.

KMU said DOLE should issue a stricter department order mandating employers to comply with such safety measures.

It also called on workers to conduct dialogues with their employers, their local government units, and other responsible agencies to establish policies and measures to ensure safety at work amid extreme heat situations.

The Federation of Free Workers (FFW), on the other hand, called on the Department of Education (DepEd) to expedite transition to a June school opening for the 2025-2026 academic year to address occupational safety and health during the increasingly hot summer months.

“A swift return to the traditional June to March academic year seeks to mitigate the educational and health impacts of the high temperatures on school children and the workforce,” said FFW vice president for Mindanao Ma. Nelfa Bermudez.

FFW further urged DOLE to address the escalating heat's danger on workers, saying the rising heat as a climate catastrophe should also have standards on work suspensions.

The House Committee on Labor and Employment yesterday asked employers to implement measures to protect their workers from heat stress.

According to panel chair and Rizal Rep. Fidel Nograles, there are safety measures stipulated in a Labor Advisory No. 8, S. 2023 issued by the DOLE on how employers could avoid heat stress among their workers.

“Now that summer season is in, aggravating El Nino and climate change, we call on the employers to follow this DOLE advisory to ensure the health and welfare of the workforce,” he said.

Nograles noted that various measures have been recommended by DOLE to reduce “extreme heat exposure of employees.”

He added these measures include having adequate ventilation and heat insulation in workplaces.

Rest breaks and work locations could also be adjusted while workers can use personal protective equipment. They must also have access to hydration.

The lawmaker warned against the negative effects of heat exposure, which could result in occupational illnesses and injuries.

As the saying goes, prevention is better than cure. It is important to give priority to occupational safety to prevent accident at the workplace,” he added. (CEBU NEWS)