Private Sector Employees — No Longer Waterproof?

On August 23, 2022, the Department of Labor and Employment ("DOLE") issued Labor Advisory No. 17, series of 2022, which governs the suspension of work in the private sector by reason of weather disturbances and similar occurrences. It provides that in the exercise of management prerogative, the employer may suspend work to ensure the safety and health of employees during weather disturbances and similar occurrences. Such suspension must be in coordination with the safety and health committee, safety officer, or any other responsible company officer.

The Labor Advisory also sets out the applicable rules on the payment of wages in case of such work suspensions. If the employee does not render work on that day, the accrued leave credits of the employee may be utilized. If the employee does not have accrued leave credits, the employee is not entitled to regular pay, except when there is a favorable company policy, practice, or collective bargaining agreement granting