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DOLE LA 03-2021: GUIDELINES ON THE ADMINISTRATION OF COVID-19 VACCINES IN THE WORKPLACES
Last March 12, 2021, the Department of Labor and Employment released labor advisory No. 03-2021, which aims to provide guidelines on the administration of COVID-19 Vaccines in workplaces. The following are the content of the Labor Advisory.
Pursuant to Article 5 of the Labor Code of the Philippines, as renumbered, Republic Act No. 11058and Republic Act No. 11525, This Guidelines is hereby issued.
01.
COVERAGE
This Guidelines shall apply to all establishments and employers in the private sector that administer COVID-19 vaccines in the workplaces.
03.
NO DISCRIMINATION OR TERMINATION
Covered establishments and employers shall endeavor to encourage their employees to get vaccinated. However, any employee who refuses or fails to be vaccinated shall not be discriminated against in terms of tenure, promotion, training, pay, and other benefits, among others, or terminated from employment. No vaccine, no work policy shall not be allowed.
02.
VACCINATION IN THE WORKPLACE
Covered establishments and employers shall adopt and implement the appropriate vaccination policy in the workplace as part of their occupational safety and health program, consistent with the guidelines issued by the Department of Health (DOH) and Inter-Agency Task Force (IATF) in accordance with existing laws, rules, and regulations.
Covered establishments and employers may procure COVID-19 vaccines, supplies, and other services. They may also seek the support of the appropriate government agencies in the procurement, storage, transport, deployment, and administration of COVID-19 vaccines.
No cost of vaccination in the workplace shall be charged against or passed on, directly or indirectly, to the employees.
04.
ENFORCEMENT AND COMPLIANCE
The DOLE Regional Offices shall enforce this Guidelines and provide appropriate assistance to covered establishments and employers to facilitate their compliance hereof.
Be guided accordingly.
VACCINES AND HERD IMMUNITY
It’s been a year since community lockdown in Metro Manila happened. Many establishments, offices and businesses are closed due to COVID-19 virus and all of us are aiming for the immediate solutions. As of December 2020, more than 200 vaccines for COVID-19 are being developed and only three vaccines are already deployed and passed the phase III clinical trials.
01.
HOW DO VACCINES WORK?
The human body has an immune system. Immune system defends our body against viruses, bacteria and harmful organism. When a body encountered these harmful entities, it can lead to diseases or worst, death. Vaccines contains weakened viruses or bacteria that triggers an immune response within the body. When the body is being trained to fight these entities through vaccines, it builds a memory of pathogen so it remembers how to defeat it.
03.
HERD IMMUNITY
Some people that have pre-existing health conditions or comorbidities may not be able to get vaccinated due to possible adverse reaction. But these people can still be protected as long as he/she lives with the group of people who are vaccinated. This is what we called Herd Immunity. Herd Immunity, is when the large part of population of an area is already immune in the specific disease. Vaccination does not only protect the recipient but also protect those who may not be vaccinated in the community.
02.
HOW EFFECTIVE IS COVIS-19 VACCINE?
Covid-19 vaccines that are granted with Emergency Use Authorization (EUA) by the FDA are considered safe and effective.
SOURCES:
https://www.who.int/news-room/feature-stories/detail/how-do-vaccines-work
https://www.webmd.com/lung/what-is-herd-immunity#1
WORKPLACE SEXUAL HARASSMENT
Since the first week of March is National Women’s Week, we are sharing the material on Workplace Sexual Harassment from DOLE Bureau of Workers with Special Concerns. These are the things you should know about Sexual Harassment in the workplace.
01.
WHAT IS SEXUAL HARASSMENT
As generally understood by the public, sexual harassment is any unwanted sexual attention. This attention can be verbal, visual, gestural, or physical and can range from a sexist remark to sexual assault. Under Republic Act No. 7877 (The AntiSexual Harassment Act of 1995), the harasser’s intention is irrelevant. The victim’s perception of the situation as wanted or unwanted determines whether or not it is sexual harassment.
03.
WORK-RELATED SEXUAL HARASSMENT – How it committed (RA 7877)
The sexual favor is made as a condition in the following instances:
1. In the hiring or in the employment, reemployment or continued employment of the said individual; and
2. Or in granting said individual favorable compensation, terms, conditions, promotions or privilege; or
The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said offended party; or
The demand, request, or requirement for sexual favor would (a) impair the offended party’s rights or privileges under existing labor laws or (b) results in an intimidating, hostile, or offensive environment for the offended party.
05.
WHAT DO DO IF SEXUALLY HARASSED?
Be prepared.
Object or resist. You should make it clear to the harasser that you do not consent to their behavior and you want them to stop. You can do this either verbally or in writing.
If can’t resist, keep a log or diary of incidents:
1. Date of incident
2. Time of incident
3. Place of incident.
Name of person/s who caused the harassment.
What actually happened.
How the victim felt at the time of the harassment.
Name of any person who is present at the time (i.e. saw the incident itself/ who can corroborate the event(s) that preceded or followed the incident).
Don’t suffer in silence. Seek advice and support from trusted friends and colleagues.
Take a formal action and file:
an administrative complaint with the company’s CODI; and/or an independent civil action with the courts to enforce payment of damages or injuries and/or for preliminary injunction or temporary restraining order; and/or a criminal case with the courts to penalize the harasser with imprisonment or fine or both for the commission of the sexual harassment.
Any action arising from the violation of the provisions of RA 7877 must be filed within three (3) years from the time it is committed.
Keep a record of efficiency or merit citations. This is very important to prove job competence in case you are demoted or worse, fired from the job, because of refusal from sexual advances or reporting a committed act or acts of sexual harassment.
07.
WORK-RELATED SEXUAL HARASSMENT – How it committed (RA 7877)
The sexual favor is made as a condition in the following instances:
1. In the hiring or in the employment, reemployment or continued employment of the said individual; and
2. Or in granting said individual favorable compensation, terms, conditions, promotions or privilege; or
The refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely affect said offended party; or
The demand, request, or requirement for sexual favor would (a) impair the offended party’s rights or privileges under existing labor laws or (b) results in an intimidating, hostile, or offensive environment for the offended party.
02.
SEXUAL HARASSMENT UNDER RA 7877 MUST BE WORK, EDUCATION, OR TRAINING-RELATED
Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
* i.e. employer, manager, supervisor, agent of the employer for work-related environment
04.
DUTIES OF THE EMPLOYER UNDER RA 7877
1. Prevent or deter the commission of acts of sexual harassment.
2. Provide the procedures for resolution, settlement, or prosecution of acts of sexual harassment through:
Guidelines on Proper Decorum in the Workplace.
3. Procedures for the investigation of sexual harassment cases and the administrative sanctions for those cases in consultation with and jointly approved by the employees, through their duly designated representatives.
4. Create a Committee on Decorum and Investigation (CODI)* who shall conduct the investigation of alleged cases constituting sexual harassment.
5. Disseminate/post a copy of RA 7877 for the information of all concerned.
* composed of at least one (1) representative each from the management, the union, if any, the employer from the supervising rank, and from the rank and file employees
06.
WHAT IF THE OFFENDER IS A CO-EMPLOYEE OF EQUIVALENT OR LOWER RANK THAN THE OFFENDED PARTY?
The said act of ‘sexual harassment’ is not covered by RA 7877. However, some specific provisions of the Revised Penal Code may be applied.
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