No one is waterproof

Taking off from Stephen CuUnjieng, “why can the private sector continue to work much of the time when government work is halted? Are the former such superior beings or the latter so delicate?” An unserious—but it seems to me, true—answer is, private sector employers aren’t as afraid of their employees as public sector ones are: you can fire people easily in the private sector. There simply isn’t tolerance for lost work hours in the private sector as there is in the public: similarly, private schools demand–and receive—an exemption from school cancellation declarations by the national authorities. As Maria Bianca Perez Diamante of the Quezon City government put it in an informative post, this privileged status makes no sense in a whole-of-nation approach to risk management and should require no elaboration.

There should be no difference between private and public sector workers for the same reason. What is essential is required; what is unessential can be foregone in the interest of employee welfare.

Which brings up what to do when monsoon rains or typhoons disrupt everything. One item that crossed my path is a proposed matrix, “for discussion purposes,” which seems quite orderly and fair. It begins with a summary of policies based on existing laws and core internal policies: Department of Labor and Employment (Dole) Labor Advisory No. 17 (s. 2022), Republic Act No. 11058 (the Occupational Safety and Health Standards Act), and two internal policies proposed for adoption: a. “No Penalty for Non-Attendance: Any employee who fails or refuses to report to work by reason of imminent danger resulting from weather conditions, flooding, or disaster shall not be subject to any administrative sanction or disciplinary action;” b. “Management Prerogative To Suspend: Management, in consultation with the Safety Officer/OSH Committee, retains full authority to suspend operations to protect employee welfare.”

Next comes a table categorizing roles in the organization, their description and functions, and their expected rules during work suspensions. Category A is composed of critical/essential on-site personnel, “critical for immediate safety, facility protection, data center integrity, or core emergency operations (e.g., security, facilities maintenance, emergency IT).” In an emergency, they are “required to report on-site or maintain skeleton coverage. Company provides transport/lodging or hazard support.” Category B is composed of remote-capable staff, defined as “roles whose deliverables can be performed off-site using company-issued laptops, remote VPN, and stable internet.” They are “expected to transition automatically to work-from-home (WFH) mode unless power/connectivity is lost due to the calamity.” Finally, Category C, composed of nonessential on-site staff, those with “roles requiring physical presence on company premises that do not involve immediate critical safety or facilities maintenance.” They would be “excused from reporting on-site upon suspension announcement.”

Finally, a matrix to tie everything together, particularly for Categories B and C workers. In a yellow alert, there would be normal operations: Staff may request WFH/flexi-time with immediate supervisor approval if the route is flooded. Standard attendance rules. Grace period of up to two hours for tardiness caused by localized flooding (no late sanction). In an Orange alert, on-site operations would be suspended: automatic transition of Category B to WFH. Category C excused. This would mean regular pay for WFH. Category C staff covered by calamity pay rules or optional leave utilization. In a Red Alert, there would be a full work suspension: All physical facilities closed. Category B works WFH only if power/internet are safe. It would mean no administrative penalties. Pay principles governed by Section 5 (Dole LA 17-22 rules apply).

Which brings us to the fine print: compensation. Under the proposed system, the ruling principle would still be, “No work, no pay,” unless company policy, accrued leave, or a collective bargaining agreement provides more favorable benefits. There would be four basic iterations of this: 1. work rendered (six hours or more): an employee who reports for work and renders at least six hours of work shall be entitled to their full regular daily wage. 2. work rendered (less than six hours): An employee who reports to work but renders less than six hours shall be paid proportionately based on actual hours worked, or full daily pay if covered by accrued leave/company calamity allowance. 3. unrendered work (no work done): (a) no work, no pay: Employees who do not report to work and do not render remote work receive no pay for that day, unless they choose to apply available vacation leave or emergency leave credits. (b) favorable company clause: If the work suspension is declared midday by management, staff remaining on-site shall receive full regular daily pay regardless of hours rendered. 4. work rendered during suspension/extra incentives: management may offer extra remuneration, free meals, or transport reimbursement to Category A essential staff reporting on-site during red alert warnings, as encouraged by Dole.

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Email: mlquezon3@gmail.com; Twitter: @mlq3