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Grant of COVID-19 Hazard Pay to Government Employees

By: Ira Christele G. Vicente

On 23 March 2020, President Rodrigo R. Duterte signed Administrative Order No. 26 Series of 2020 which grants Corona Virus Disease – 2019 Hazard Pay to government employees who are physically reporting to work during the duration of the Enhanced Community Quarantine (ECQ).

Who may grant the COVID-19 Hazard Pay?

  1. National Government Agencies (NGAs);
  2. State Universities and Colleges (SUCs); and
  3. Government-owned or -controlled corporations (GOCC).

Who are entitled to receive the COVID-19 Hazard Pay?

  1. Government personnel who physically report for work during the implementation of the Enhanced Community Quarantine. Government personnel includes not only those regularly employed, but also those workers engaged through contract of service (COS) or job order (JO). This includes government employees in the executive branch. The legislative and judicial branches, as well as other offices vested with fiscal autonomy, may likewise grant COVID-19 Hazard Pay.
  2. For Local Government Units, Local Water Districts, and Agencies exempted from the Coverage of Republic Act No. 6758, employees who physically report for work during the quarantine period may also be granted the COVID-19 Hazard Pay as may be determined by their respective Sanggunians, Board of Directors, or governing boards or agency heads.
  3. For health workers in the private sector, private hospitals and other health facilities are strongly encouraged to grant the same to its workers.

Note: If the said individual is already entitled to Hazard Pay, Hazardous Duty Pay, Hazard Allowance, or other similar benefits, they shall continue to be entitled to such benefits, or the COVID-19 Hazard Pay, whichever is higher.

How much will be the COVID-19 Hazard Pay?

  • It shall not be more than Five Hundred Pesos (P500.00).

How will it be computed?

COVID-19 Hazard Pay    =    P500.00      x  Number of days physically reporting for work during the quarantine period

Note: Should there be insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500.00 per day per person, a lower but uniform rate may be granted for all qualified personnel.

When can we start receiving the COVID-19 Hazard Pay?

  • From 17 March 2020, onwards.

What are the conditions for the grant of COVID-19 Hazard Pay?

  1. The personnel are occupying regular, contractual, or casual positions or are engaged through COS, JO, or other similar schemes;
  2. They have been authorized to physically report for work at their respective offices or work stations on the prescribed official working hours by the head of agency or office during the ECQ in the area of such work office or station; and
  3. The rate of COVID-19 Hazard Pay shall be based on the no. of days an employee physically reports for work.

The guidelines for the grant of COVID-19 Hazard Pay are yet to be issued by the Department of Budget and Management (DBM).

We will keep you posted.For further queries on this matter or other legal concerns, you may contact us from Mondays to Fridays, 9:00 AM to 6:00 PM, through our email: mfl@mflegal.com.ph, and our website at http://mfbr.com.ph

PART III: Clarificatory Guidelines on COVID-19 Adjustment Measures Program (CAMP)

Note: This is an Addendum of a two-part article on the Department of Labor and Employment’s issuances relating to COVID-19. Part I is here link of Part I while Part II is here link of Part II.

People were buzzing when Department of Labor and Employment (DOLE) issued Department Order No. 209 Series of 2020 – the guidelines on CAMP. The employees were enthusiastic by the fact that they would be getting a one-time financial support from DOLE amounting to Five Thousand Pesos (P5,000.00) due to the effects of the COVID-19 pandemic. The employers on the other hand are left with unanswered questions due to the ambiguity of the said Order as to some terms.

On 18 March 2020, the DOLE issued DOLE Labor Advisory No. 12, Series of 2020, which provides the clarificatory guidelines in relation to the COVID-19 Adjustment Measures Program (CAMP).

The following matters were discussed therein:

Who are those referred to as Affected Workers?

  • Affected Worker refers to those employed in a private establishment whose operations have been affected by the COVID-19 pandemic. They refer to all workers regardless of employment status (i.e. regular, probationary, or contractual).

Can CAMP be availed by private establishments outside the Luzon Region?

  • CAMP may be availed by private establishments nationwide.

What are the documentary requirements for the application of CAMP?

  • As to the documentary requirements:
    • DOLE issued a revised Establishment Report Form (ERF); and
    • the Company payroll to be submitted may refer to the month of February, or earlier.

Where and how are the documents going to be submitted?

  • The foregoing requirements must be submitted online to the appropriate DOLE Regional Office (RO), or any of its Provincial/Field Offices (PO/FO). Below is the directory where the applications may be submitted:
DOLE REGIONAL OFFICE Email Address/Portal Link
DOLE-National Capital Region camp.dolencr@gmail.com
CAMANAVA Field Office camp.cfo@gmail.com
MUNTAPARLAS Field Office camp.mtplfo@gmail.com
Makati-Pasay Field Office camp.mpfo@gmail.com
PAPAMAMARISAN Field Office camp.pfo@gmail.com
Manila Field Office camp.mfo@gmail.com
Quezon City Field Office camp.qcfo@gmail.com
DOLE Cordillera Administrative Region car.dole.covid@gmail.com
DOLE Regional Office I
Ilocos Norte
Ilocos Sur
La Union
Eastern Pangasinan
 
Central Pangasinan
Western Pangasinan
dole_ro1@yahoo.com
inplo.dole1@yahoo.com
isplo.dole1@yahoo.com
dole.lufo@yahoo.com
dole1.easternpang@yahoo.com
dolerfo1@yahoo.com
ddo.dole1@yahoo.com
afo_dole1@yahoo.com
DOLE Regional Office II
Cagayan-Batanes
Isabela
Quirino
Nueva Viscaya
doledos_tssd@gmail.com
dole_cagayanfieldoffice@yahoo.com
dole_isabela@yahoo.com
dolequirino15@gmail.com
dolenvfo@gmail.com
DOLE Regional Office III camp.dolero3@gmail.com
DOLE Regional Office IV-A
Cavite
Laguna
Batangas
Rizal
Quezon

camp.dole4a.cpo@gmail.com
dolelaguna.camp@yahoo.com
dole4a.bpo.camp@gmail.comm
dole4arpo.camp@gmail.com
doleqpo.ew@gmail.com
DOLE Regional Office IV-B
Oriental Mindoro
Occidental Mindoro
Romblon
Marinduque
Palawan

dolemimaropa@gmail.com
doleormin@yahoo.com
doleocci.mindoro@yahoo.com
doleromblom@gmail.com
dolemarinduque@gmail.com
dolepalawanfieldoffice@gmail.com
DOLE Regional Office V dole5camp@gmail.com
DOLE Regional Office VI
Iloilo
Negros
Aklan
Capiz
Antique
Guimaras
dole6camp@gmail.com
doleiloilocamp@gmail.com
dolenegroscamp@gmail.com
doleaklancamp@gmail.com
dolecapizcamp@gmail.com
doleantiquecamp@gmail.com
doleguimarascamp@gmail.com
DOLE Regional Office VII dole_centralvisayas@yahoo.com
DOLE Regional Office VIIIdoletacloban@yahoo.com
DOLE Regional Office IX www.dole9portal.com/camp
DOLE Regional Office
Bukidnon
Camuigin
Misamis Occidental
Cagayan De Oro
Misamis Oriental
Lanao Del Norte

dole10bukidnon.covid19@gmail.com
dole10camiguin.covid19@gmail.com
dole10misocc.covid19@gmail.com
dole10cdo.covid19@gmail.com
dole10misor.covid19@gmail.com
dole10ldn.covid19@gmail.com
DOLE Regional Office XI dole@ro11.dole.gov.ph
regionaloffice@r11.dole.gov.ph
DOLE Regional Office XII
South Cotabato
General Santos
Sarangani
Cotabato
Sultan Kudarat
Cotabato City

dole12.southcot@gmail.com
dole12.sargen@gmail.com
dole12.sarfo@gmail.com
dole12.northcot@gmail.com
dole12.skfo@gmail.com
dolexii.ccfo@gmail.com
DOLE CARAGA
Agusan del Norte
Agusan del Sur
Surigao del Norte
Surigao del Sur
Province of Dinagat Islands

dole_adn@yahoo.com
dole_ads@yahoo.com
dolesdnpo@gmail.com
dolesurigaodelsur@gmail.com
dolepdiso@gmail.com

How will the employees be given the financial support of five thousand pesos (P5,000.00)?

  • The concerned DOLE RO/PO/FO shall issue the financial support directly to the employees’ payroll account through bank transfer at the soonest possible time upon receipt of complete documentary requirements.
  • For cash payroll, the financial support shall be received through money remittance.

When can we file an application for CAMP?

  • The CAMP shall be effective on 21 March 2019, three (3) days after its publication in the Philippine Daily Inquirer on 18 March 2020.
  • It shall be applied retroactively from January 2020.

We will keep you posted on any updates regarding the CAMP. Stay tuned.

For further queries on this matter or other legal concerns, you may contact us from Mondays to Fridays, 9:00 AM to 6:00 PM, through our email: mfl@mflegal.com.ph, and our website at http://mfbr.com.ph.

SEC Internal Guidelines on Attendance in Meetings via Teleconferencing

Courtesy of: fintechphilippines (Photo)

In view of the Enhanced Community Quarantine, the Philippine Securities and Exchange Commission issued SEC Memorandum Circular No. 6, Series of 2020, providing “Guidelines on the Attendance and Participation of Directors, Trustees, Stockholders, Members, and Other Persons of Corporations in Regular and Special Meetings through Teleconferencing, Video Conferencing and Other Remote or Electronic Means of Communication”.

Here are the salient points of the Memorandum:

  1. Board meetings may be conducted through remote communication. Note, however, that directors cannot attend or vote by proxy at board meetings.
  2. Corporations may issue their own internal procedures for the conduct of board meetings through remote communication or other alternative modes of communication to address administrative, technical and logistical issues.
  3. A majority of the directors as stated in the articles of incorporation shall constitute a quorum. A director who participates through remote communication, shall be deemed present for the purpose of attaining quorum.
  4. At the start of the meeting, the Presiding Officer shall instruct the Corporate Secretary to make a roll call. Every attendee shall state for the record the following: (a) Full name and position; (b) Location;(c) Confirmation that he/she can clearly hear and/or see the other attendees; (d) Confirmation that he/she received the Notice of the Meeting including the agenda and materials; and (e) Specify the device being used (ie., smartphone, tablet, laptop, desktop, television, etc.)
  5. Participation in stockholder meetings, including the right to vote, may likewise be done remotely, as long as provided for in the bylaws or by majority of the board of directors.

In sum, the Memorandum makes it possible for the board of directors to issue resolutions and decide on corporate acts during the Enhanced Community Quarantine.

The full text of SEC Memorandum Circular No. 6, Series of 2020 may be found on this link: http://www.sec.gov.ph/wp-content/uploads/2020/03/2020MCNo06.pdf

For further queries on this matter or other legal concerns, you may contact us from Mondays to Fridays, 9:00 AM to 6:00 PM, through our email: mfl@mflegal.com.ph, and our website at http://mfbr.com.ph.

ADDITIONAL ADVISORY FOR INBOUND/OUTBOUND INTERNATIONAL PASSENGERS

Courtesy of: Manila Bulletin News (Photo)

The  Office of the President through a Memorandum from the Executive Secretary dated 16 March 2020  provided for  the Community Quarantine Over the Entire Luzon and Further Guidelines for Management of the Coronavirus Disease 2019 (Covid-19) Situation. Two days after, another memorandum dated 18 March 2020 from the same office was issued modifying some of the provisions of the previous 16 March 2020 memorandum.

Accordingly, among others, it imparts that all outbound international passengers shall be allowed to leave.  Hence:

Section 2(A) of the said Memorandum provides:

  • Existing travel restrictions to Filipinos shall remain in place.

Exceptions:

  • Overseas Filipino Workers (OFWs), balikbayans, and foreign nationals shall be allowed to leave the Philippines at any time.
    • If traveling within Luzon for the purpose of such international travel, proof of international travel itinerary, with departure schedules within twenty-four (24) hours from leaving residence or accommodation, must be presented.
    • All departing passengers may be accompanied by not more than one (1) person when traveling to any international port.
    • The Overseas Workers Welfare Administration may provide transportation services to OFWs intending to leave for abroad.

With respect to inbound international travelers who are foreigners, they will no longer be allowed entry in the Philippines. This was confirmed on 19 March 2020 by the  Department of Foreign Affairs (“DFA”)  which announced the temporary suspension of visa issuance in all its Foreign Service Posts, effective immediately. With such announcement, all previously issued visas will be cancelled and foreigners with visas issued by the Philippine Foreign Service Posts would not be allowed entry in the Philippines. Thus, foreigners will be temporarily banned from entering the Philippines starting March 22, 2020 per the Department of Transportation’s advice This advisory has a limited application and shall not affect the foreigners that are already in the Philippines or foreigners staying here in the Philippines who are issued with or holding visas.

We hope that you will be guided by the above information. The Law Firm of Mallari Fiel Brillante Ronquillo and all its associates and staff wish for your well-being at all times.For your updates, concerns and queries, you may send your message and interact with us by liking and following our Facebook page and website at  http://mfbr.com.ph/

Part II: COVID-19 ADJUSTMENT MEASURES PROGRAM (CAMP)

Note: This is Part II of a two-part article on the Department of Labor and Employment’s issuances relating to COVID-19. Part I is here link of Part I.

As previously discussed, under Department of Labor and Employment (DOLE) Labor Advisory No. 11 Series of 2020, employees’ leave of absence during the quarantine period are to be charged against their leave credits, and the remaining unpaid leaves during the said period may be covered and subjected to the conditions provided under DOLE’s proposed COVID-19 Adjustment Measures Program.

On 17 March 2020, the DOLE released DOLE Department Order No. 209, Series of 2020, specifying the Guidelines on the Adjustment Measures Program for Affected Workers due to the Corona Virus Disease – 2019 (COVID-19).

What is CAMP?

CAMP is a safety net program that offers financial support to affected workers in private establishments that have adopted flexible working arrangements or temporary closure during the COVID-19 pandemic.

Who are referred to as affected workers?

These are workers in private establishments whose employment face or suffer interruption due to the COVID-19 pandemic, such as:

  1. Retained workers who do not receive regular wage – workers whose working hours and, therefore, regular wage is reduced due to the implementation of Flexible Working Arrangements as defined under DOLE Labor Advisory No. 09, Series of 2020; and
  2. Suspended workers – workers whose employment is temporarily suspended by reason of suspension of operations of the employer’s business establishment.

What are the Flexible Working Arrangements recognized by the DOLE?

Under DOLE Labor Advisory No. 09, Series of 2020, the following are the flexible working arrangements which may be considered by employers:

  1. Reduction of Workhours and/or Workdays – on where the normal workhours or workdays per week are reduced.
  2. Rotation of Workers – one where the employees are rotated or alternately provided work within the week;
  3. Forced Leave – one where the employees are required to go on leave for several days or weeks utilizing their leave credits, if there are any.

Who may avail the CAMP?

Private Establishments that has implemented FWAs or temporary closure due to COVID-19 pandemic.

What are the requirements necessary in order to avail the CAMP?

Affected establishments must submit the following:

  1. Establishment Report on the COVID-19 pursuant to Labor Advisory No. 09, Series of 2020; and
  2. Company Payroll for the month prior the implementation of FWAs or temporary closure.

What are the procedures in availing the CAMP?

  1. Submission of complete documentary requirements online to the appropriate DOLE Regional Office or any of its Provincial/Field Offices;
  2. Evaluation of the applications by the concerned DOLE Regional Office within three (3) working days from receipt thereof;
  3. Issuance of a notice to the applicant within three (3) working days from evaluation. The Notice may either be:
  4. Notice of Approval, in case of approved applications; or
  5. Notice of Denial, in case of denied applications.

An application for CAMP may be denied in the following cases:

  1. Ineligibility of applicant;
  2. Misrepresentation of facts in application;
  3. Submission of falsified or tampered document.
  4. In case of approval of the application, the concerned DOLE regional office shall issue the financial support directly to the beneficiary’s payroll account through bank transfer within two (2) weeks upon receipt.
  5. Issuance of Notice of Completion shall be issued to the affected establishment within three (3) working days through electronic mail (e-mail).

How much will the employee be getting as financial assistance under the CAMP?

A one-time financial assistance equivalent to Five Thousand Pesos (Php 5,000.00) shall be provided to affected workers in lump sum, non-conditional, regardless of employment status.

The private sector and the labor are of equal importance in maintaining economic stability during this pandemic. Employers and employees should not be in feud with each other and must in fact be in coordination in enduring this trial. For further queries on this matter or other legal concerns, you may contact us from Mondays to Fridays, 9:00 AM to 6:00 PM, through our email: mfl@mflegal.com.ph, and our website at http://mfbr.com.ph.

By: Ira Christele G. Vicente

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