Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT

lntramuros, Manila

DEPARTMENT ORDER NO. 209

Series of 2020
GUIDELINES ON THE ADJUSTMENT MEASURES PROGRAM FOR
AFFECTED WORKERS DUE TO THE CORONAVIRUS DISEASE 2019

In the interest of service and pursuant to Presidential Proclamation No. 922, Series of
2020 declaring a State of Public Health Emergency throughout the Philippines due to
the Coronavirus Disease 2019 (COVID-19) pandemic and its impact on the country's
economy, the Department of Labor and Employment (DOLE) hereby promulgates the
following Guidelines on the implementation of the COVID-19 Adjustment Measures
Program (CAMP).

Article I
GENERAL PROVISIONS
Section 1. Declaration of Policy. The State guarantees the protection of labor,
promotion of full employment and equality of employment opportunities for all. It is
the policy of the State to uphold the people's constitutional rights to life and property,
and provide maximum care, assistance and services to individuals and families
affected by disaster, implement emergency rehabilitation projects to lessen the
impact of disaster, and facilitate resumption of normal social and economic activities. 1

The outbreak of COVID-19 constitutes an emergency that threatens public health and
national security which requires a whole-of-government response including the
implementation of urgent and critical measures to mitigate its effects and impact to the
community, and prevent serious disruption of the functioning of government and the
community.2

Section 2. Policy Objective. This Guidelines seeks to ensure the effective and
streamlined implementation of the CAMP. This Guidelines specifies the objectives
and coverage, program assistance and corresponding requirements, and the
procedures concerning the delivery of financial support as means of social protection
and welfare for affected workers in the formal sector.

Section 3. Definition of Terms. The following terms, as used in this Guidelines, shall
refer to:
a. Affected establishments - private establishments that have implemented
Flexible Work Arrangements (FWAs) as defined under DOLE Labor Advisory
No. 09, Series of 2020 (i.e. reduction of workhours/workdays, rotation of
workers, forced leave) or temporary closure as mitigating measures due to the
COVID-19 pandemic.

1
Republic Act 10121 (Philippine Disaster Risk Reduction and Management Act of 2010)
2
Proclamation No. 922 (Declaringa State of Public Health Emergency Throughout the Philippines) and Inter-Agency Task
Force for the Management of Emerging Infectious Diseases Joint Resolution Nos. 11 and 12, Series of 2020 .
Page 1
 · b. Affected workers - workers in private establishments whose employment face
or suffer interruption due to the COVID-19 pandemic, such as:
i. Retained workers who do not receive regular wage - workers whose
working hours and, therefore, regular wage is reduced due to the
implementation of Flexible Work Arrangements, as defined under DOLE
Labor Advisory No. 09, Series of 2020, (i.e. reduction of
workhours/workdays, rotation of workers, forced leave) as mitigating
measures enforced by the employer
ii. Suspended workers - workers whose employment is temporarily
suspended by reason of the suspension of operations of the employer's
business establishment
c. Formal sector workers - workers in the formal economy, regardless of status, or
those who are employed by any person acting directly or indirectly in the interest
of an employer in relation to an employee.3

Article II
PROGRAM DESCRIPTION
Section 1. Program Description. The CAMP is a safety net program that offers financial
support to affected workers in private establishments that have adopted FWAs or
temporary closure during the COVlD-19 pandemic.

Section 2. Program Objectives. The CAMP aims to provide financial support to

affected workers in private establishments to mitigate the adverse economic impacts
and reduction of income brought about by the COVID-19 pandemic.

Section 3. Period and Coverage. The CAMP shall cover workers in private
establishments affected by the COVID-19 pandemic from its onset in January 2020
until the lifting of the Stringent Social Distancing Measures in the National Capital
Region on 14 April 2020, unless extended by the Inter-Agency Task Force for the
Management of Emerging Infectious Diseases4• Large establishments are highly
encouraged to cover the full wages of employees within the one- (1) month
community quarantine period.

Section 4. Exclusion. Government employees are excluded from the program.

Article Ill
PROGRAM ASSISTANCE
Section 1. Financial Support. This component shall provide affected workers with
financial relief necessary to mitigate the immediate adverse economic impacts of the
COVID-19 pandemic. Relative to DOLE Labor Advisory No. 11, Series of 2020, which
states that workers' leaves of absence during the quarantine period are to be charged
against their leave credits, the financial assistance may be used to cover remaining
unpaid leaves of affected workers. A one-time financial assistance equivalent to Php
5,000.00 shall be provided to affected workers in lump sum, non-conditional, regardless
of employment status.

Section 2. Employment Facilitation. This component shall provide affected workers

access to available job opportunities suitable to their qualifications through job matching,
referral and placement services either for local or overseas employment, employment.
coaching, and labor market information. Alleviation Act

3 Republic Act No. 8425 otherwise known as the Social Reform and Poverty
4 Memorandum from the Executive Secretary on Stringent Social Distancing Measures and Further Guidelines for the
Management of the Coronavirus Disease 2019 (COVID-19) Situation issued 13 March 2020
e
 Article IV
PROGRAM IMPLEMENTATION
Section 1. General Procedural Guidelines. The following general procedural
guidelines shall be observed in the availment of the program assistance by the
affected workers through the MSMEs:
a. Eligibility Requirements. Applicant must be a private establishment that has
implemented FWAs or temporary closure due to the COVID-19 pandemic.
b. Documentary Requirements. Affected establishment must submit: {a)
Establishment Report on the COVID-19 pursuant to Labor Advisory No. 9, Series
of 2020; and (b) Company Payroll for the month prior the implementation of FWAs
or temporary closure.
c. Application Procedures
i. Applications with complete documentary requirements shall be submitted
online to the appropriate DOLE Regional Office or any of its Provincial/Field
Offices.
ii. Applications shall be evaluated by the concerned DOLE Regional Office
within three (3) working days from receipt thereof.
iii. The following documents depending on the status of evaluation shall be
issued to the applicant by the concerned DOLE Regional Office within three
(3) working days through electronic mail from the date thereof:
1. For approved application, a Notice of Approval.
2. For denied application, a Notice of Denial.
d. Denial of Application. An application may be denied by the DOLE Regional
Director upon determination of any of the following grounds:
i. Ineligibility of applicant;
ii. Misrepresentation of facts in the application; 5 or
iii. Submission of falsified or tampered document.

Section 2. Component-Specific Procedural Guidelines. Upon approval of the

application by the Regional Director and upon receipt of the Notice of Approval by the
beneficiary, the following procedures shall be observed based on desired program
components:
a. Financial Support
i. Disbursement 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.
ii. Completion. Beneficiaries who receive the financial support are
considered to have completed the CAMP. A Notice of Completion shall be
issued to the affected establishment within three (3) working days through
electronic mail.
b. Employment Facilitation. The concerned DOLE Regional/Field/Satellite Office
shall refer workers to the nearest Public Employment Service Offices (PESO) for
the provision of a full-cycle employment facilitation. Beneficiaries who intend to
find subsequent local and overseas wage employment shall be referred to
appropriate employers with job vacancies matching their qualifications.
Simultaneously,

4 Fraudulent misrepresentation or false statement that will have a negative effect in the evaluation of the application
which was made knowingly, or without belief in its truth, or recklessly whether it is true or false.
 beneficiaries shall be provided employment coaching and relevant labor market
information.

Article V
PROGRAM MANAGEMENT
Section 1. DOLE Crisis Management Team. The DOLE Crisis Management Team shall
ensure the soundness of the policies and effectiveness of interventions for workers
whose employment was interrupted due to the COVID-19 pandemic. The DOLE Crisis
Management Team shall be composed of the following:

Chairpersons:
Undersecretary for Regional Operations, Labor Standards, and Special Concerns
Undersecretary for Employment and General Administration

Vice-Chairs:
Assistant Secretary for Regional Operations, Labor Standards, and Special Concerns
Assistant Secretary for Labor Relations, Social Protection and Policy Support
Assistant Secretary for Employment and General Administration

Members:
Bureau of Local Employment (BLE)
Bureau of Working Conditions (BWC)
Financial and Management Service (FMS)
Planning Service (PS)
Legal Service (LS)
Institute for Labor Studies (ILS)
Information and Publication Service (IPS)

Section 2. DOLE Regional Office. The DOLE Regional Offices, through the Regional
Directors, shall perform the following:
a. Receive applications with complete documentary requirements;
b. Monitor affected workers through Establishment Report or profiling of affected
workers due to the COVID-19 pandemic;
c. Facilitate the provision of assistance to affected workers;
d. Conduct advocacy campaigns and information dissemination activities;
e. Ensure timely delivery of services to beneficiaries; and
f. Prepare and submit monitoring reports to the Chairperson of the DOLE Crisis
Management Team, providing copies of said reports to the BLE.

Section 3. DOLE Field/Satellite Office. The DOLE Field/Satellite Offices shall:

a. Receive applications with complete documentary requirements;
b. Conduct preliminary evaluation of received applications; and
c. Endorse pre-evaluated applications to the concerned DOLE Regional Office for
further review or for final approval/denial, whichever is applicable.

Article VI
PROGRAM MONITORING AND EVALUATION
Section 1. Monitoring. To ensure that program objectives are met and beneficiaries
are assisted, the concerned DOLE Regional Office shall prepare and submit
monitoring reports composed of an updated list of affected workers, approved
beneficiaries and program implementation issues encountered. All reports shall be
consolidated and evaluated by the BLE, and shall be submitted to the Office of the
Secretary through the Chairperson of the DOLE Crisis Management Team.
Section 2. Evaluation. An evaluation of the program implementation shall
be conducted three (3) months after its commencement to determine the
soundness of the policies and effectiveness of the program. Regular
meetings of the DOLE Crisis Management Team shall be conducted to
discuss and resolve issues and problems arising from the program
implementation as the need arises.

Article VII BUDGET

The DOLE shall allocate and utilize funds to be sourced from the budget under
the Social Protection Programs of the 2020 General Appropriation Act, and if
applicable or granted under the President's Contingency Fund, for the
following items subject to the usual accounting and auditing rules and
regulations:
a. Financial Support;
b. Administrative funds to DOLE Regional Offices for the implementation
and monitoring of the program; and
c. Administrative funds to the Central Office for the operationalization,
implementation, and monitoring of the program.

Article VIII
MISCELLANEOUS PROVISIONS
Section 1. Separability Clause. If any portion or provision of this Order is
declared void or unconstitutional, the remaining portions or provisions
thereof shall not be affected by such declaration.
Section 2. Retroactive Clause. This Department Order shall be retroactive
from January 2020.

Section 3. Effectivity. This Department Order shall take effect three (3)
days after its publication in the Official Gazette or in at least one (1)
newspaper of general circulation.
 Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
lntramuros, Manila

DEPARTMENT ORDER NO. 210

Series of 2020

GUIDELINES FOR THE IMPLEMENTATION OF THE TULONG

PANGHANAPBUHAY SA ATING DISPLACED/ DISADVANTAGED WORKERS
PROGRAM (TUPAO) #BARANGAY KO, BAHAY KO (TUPAD #BKBK)
DISINFECTING/SANITATION PROJECT

In the interest of the service and pursuant to Proclamation Nos. 922 and 929, Series
of 2020 declaring the State of Public Health Emergency and State of Calamity
throughout the Philippines due to Corona Virus Disease 2019 (COVID-19), this
guidelines is hereby issued prescribing the mechanisms for the implementation of
the Tulong Pang hanapbuhay sa Ating Displaced/Disadvantaged Workers Program
#Barangay Ko, Bahay ko! (#BKBK) Disinfecting/Sanitation Project to cushion/mitigate
the impacts of the COVID- 19 to the livelihoods/business and worker sector.

Article 1.
GENERAL PROVISIONS

Section 1. Declaration of Policy. The state affirms the full protection of labor, and
promotion of full employment and equality of employment opportunities for all. In light
of the pandemic of COVI0-19 which brought serious disruption and threat to public
health, national security and livelihood/earnings of the Filipinos, a whole of nation
approach should be adopted in the implementation of recovery and rehabilitation
measures to mitigate/cushion its impact on the economy and society.

Section 2. Policy Objectives. This guidelines prescribes the procedures for the
implementation of TUPAD #BKBK. It specifies the program objectives, mechanisms,
modes of implementation, requirements for availment of the program as well as the
monitoring and evaluation mechanisms.

Article 2.
PROGRAM, OBJECTIVES, MECHANISMS AND MODES OF IMPLEMENTATION

Section 1. Program Description and Objectives

The Tulong Panghanapbuhay sa Ating Displaced/Disadvantaged Workers Program is

one of the flagship programs of DOLE which aims to contribute to poverty reduction and
inclusive growth. It is a community based (municlpality/barangay) package of assistance
that provides temporary wage employment for the displaced workers, underemployed
and self-employed workers.
 Section 2. Mechanisms of Implementation

The implementation of the TUPAD #BKBK shall be in accordance with the provisions of
the Department Order 173-17 (Revised Guidelines in the Implementation of the DOLE
Integrated Livelihood and Emergency Employment Program). However, the following
measures should be adopted to prevent the transmission of COVID-19 to the program
beneficiaries.

A. Qualified Beneficiaries

The qualified beneficiaries are the underemployed, self-employed workers and

displaced marginalized workers who have lost their livelihood or whose earnings
were affected due to the Enhanced Community Quarantine against COVID-19.

B. Duration of Work

The duration of work under the TUPAD Program shall be limited to ten (10) days.

C. Nature of Work

The nature of work under the TUPAD Program shall be the

disinfection/sanitation
of their houses/dwellings and immediate vicinity of their houses.

D. Package of Assistance

As provided for in Section 7 of D.0 173-17, the following package of services

shall
be provided to the TUPAD beneficiaries, which includes the following:

1. Payment of wages equivalent to 100% of the prevailing highest minimum

wage in the region;
2. Enrolment to group micro-insurance; and
3. Conduct of Basic Orientation on Safety and Health thru dissemination of
brochures.

The DOLE Regional Offices are also advised to provide cleaning solutions, and
ensure that the TUPAD beneficiaries are properly advised to regularly and
thoroughly wash their hands using soap and water or alcohol based sanitizer.

E. Modes of Implementation

The TUPAD #BKBK Program shall be implemented either through Direct

Administration or through Accredited Co-Partners (ACP).

F. Requirements for Availment of TUPAD Program

The proponents shall prepare and submit the requirements specified in

Section 19.B of DO173-17 to avail of assistance under the TUPAD Program.
 Article 3.
PROGRAM MONITORING AND EVALUATION

Section 1. Monitoring and Evaluation. The Local Government Unit/ACP

shall monitor the implementation of the TUPAD Project. Likewise, the DOLE
RO/PO/FO shall also monitor the implementation of the TUPAD project, be
it under the ACP mode or direct administration mode, in strict coordination
with the health offices of the Local Chief Executive/Barangay, as the case
maybe.

The DOLE Regional Offices shall prepare and periodically submit

monitoring reports to the DOLE Undersecretary for Regional Operations
copy furnished the Bureau of Workers with Special Concerns (BWSC),
program manager of the TUPAD Program. The report shall contain the
status/accomplishments, issues and concerns encountered in project
implementation.

Article 4.
FUND SOURCE

Funds for the implementation of the TUPAD #BKBK shall be sourced from
the 2020 budget under Livelihood and Emergency Employment Services of
the DOLE-Office of the Secretary as authorized per 2020 General
Appropriations Act (GAA).

Article 5.
MISCELLANEOUS PROVISIONS

Section 1. Separability Clause. If any provision of this Department Order or

the application thereof to any person or circumstance is held invalid by the
Court, the remaining provisions shall remain valid and effective.

Section 2. Retroactive Clause. This Department Order shall be retroactive

from March 2020 until the lifting of State of Calamity in the Philippines per
Proclamation No. 929, Series of 2020.

Section 3. Effectivity. This Order shall take effect three (3) days after its
publication in the Official Gazette or in at least one (1) newspaper of general
circulation.

LABOR ADVISORY No. 11

Series of 2020

SUPPLEMENTAL GUIDELINESRELATIVE TO REMEDIAL MEASURES IN VIEW OF THE

ONGOING OUTBREAK OF CORONAVIRUS DISEASE 2019 {COVID-19)

In view of the COVID-19 pandemic as declared by the World Health Organization

thereby raising the Code Alert System to Code Red Sub-level 2, and pursuant to the
directive of President Rodrigo Roa Duterte, the following guidelines are hereby issued to
help ensure containment of COVID-19 transmission through adoption of flexible work
arrangements and observance of strict social distancing measures, i.e. at least one (1)
meter radius between and among workers:

1. As better alternatives to outright termination of the services of the employees or

the total closure of the establishments, flexible work arrangements referred to
under Labor Advisory No. 09, Series of 2020, including, but not limited to,
other work arrangements, such as telecommuting, work from home, reduction
of workdays/hours, rotation of workers and forced leaves, are hereby reiterated
and highly encouraged in establishments that continue to operate.

2. All manufacturing, retail and service establishment s are advised to remain in

operation during the community quarantine period, provided that social distancing
and other safety and health measures are strictly observed.

3. The leaves of absence during the community quarantine period shall be charged
against the workers' existing leave credits, if any. Remaining unpaid leaves during
said period may be covered and be subject to the conditions provided in the
DOLE's proposed COVID-19 Adjustment Measures Program.

4. Residents of nearby cities and/or municipalities outside the National Capital

Region who work in Metro Manila shall be allowed to report for work provided that
they present proof of employment and residency in checkpoints such as:

a. Identification card (ID) containing the company address/place of work and

employee's place of residence; or
 b. Certification of employment issued by the company which shall
state the place of work.

The same shall apply to residents in Metro Manila who work in nearby
cities and/or municipalities outside the National Capital Region.

5. Self-employed workers shall be allowed to travel to and from the NCR.

Provided, that proof of business or economic activity must be
presented at border checkpoints.

6. Those delivering goods such as food, raw materials, etc. should have
access in Metro Manila, provided that they present proof of delivery
receipt stating the address of the establishment to receive the goods.

7. All healthcare facilities shall be fully operational and their employees

shall be allowed to move from Metro Manila to other regions and vice
versa.

8. The Department of Labor and Employment, through the Regional

Offices, shall strictly enforce the implementation of this Labor Advisory.

Be guided accordingly.
 Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
lntramuros, Manila

LABOR ADVISORY NO. 12

Series of 2020

In the interest of service and pursuant to the DOLE Department Order No. 209,
Series of 2020 or Guidelines on the COVID-19 Adjustment Measures Program
(CAMP), the following clarificatory guidelines are issued:

1. Definition of Affected Worker [Article I, Section 3(b}]. Affected workers,

regardless of status (i.e. permanent, probationary, or contractual), are those
employed in private establishments whose operations are affected due to the
COVID-19 pandemic.

2. Coverage [Article II, Section 3]. Program coverage is nationwide.

3. Documentary Requirements [Article IV, Section 1(b}]. Establishments must

accomplish the revised Establishment Report Form (ERF) (Annex A)
particularly the indicated mandatory fields. Company payroll for the month of
February or earlier must be submitted along with the accomplished ERF.

4. Submission of Applications [Article IV, Section 1(c)(i}]. Attached is the

RO directory (Annex B) for the online submission of documentary
requirements to the appropriate DOLE Regional Office (RO) or any of its
Provincial/Field Offices (PO/FO).

5. Disbursement of Financial Support [Article IV, Section 2(a)(i)]. The

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

6. Effectivity [Article VIII, Section 3]. The CAMP shall be effective on 21

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

For information and guidance.

 LABOR ADVISORY NO. 12-A
Series of 2020

CLARIFICATORY ADVISORY ON CAMP DOCUMENTARY REQUIREMENTS

Pursuant to Article IV Section 1(b) of the DOLE Department Order (DO) No.
209, Series of 2020, or the Guidelines on the COVID-19 Adjustment Measures
Program (CAMP), this Advisory is hereby issued.

In case of non-availability of payroll, affected establishments may submit any

of the following:
1. worker 's pay slip/verifiable handwritten pay slip;
2. proof of payment of wages via logbook or ledger;
3. employment contract;
4. cash voucher or petty cash voucher;
5. authority to debit account sent by employer to bank for the wage of
employees;
6. SSS, PhilHealth and Pag-lBIG Alphalist or list of remittances;
7. BIR Form 2316; or
8. list of employees with 13th month pay

Be guided accordingly.
 Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
lntramuros,Manila

LABOR ADVISORY NO. 13-A

Series of 2020

DEFERMENT OF PAYMENT
OF HOLIDAY PAY FOR THE APRIL 2020 HOLIDAYS

In view of the existence of a national emergency arising from the Coronavirus

Disease 2019 (COVID-19) situation, and pursuant to Article 5 of the Labor Code, as
amended, in relation to Labor Advisory No 13, Series of 2020, this advisory is hereby
issued for the guidance of all concerned:

On account of the existence of a national emergency as aforementioned,

employers are allowed to defer payment of holiday pay on April 9, 10 and 11, 2020, as
may be applicable, pursuant to Labor Advisory No. 13, Series of 2020 until such time
that the present emergency situation has been abated and the normal operations of the
establishment is in place.

Establishments that have totally closed or ceased operation during the enhanced
community quarantine period are exempted from the payment of the holiday pay under
Labor Advisory No. 13, Series of 2020.

Be guided accordingly.

LABOR ADVISORY NO. 13

Series of 2020

Payment of Wages for the Regular Holidays on April 9 and 10, 2020 and
Special Day on April 11, 2020

Pursuant to Proclamation No. 845 issue d by President Rodrigo Roa Duterte

on November 15, 2019, the following rules for pay on regular holidays shall apply:

1. Regular Holiday - April 9 (Ara w ng Kagitingan and Holy Thursday)

l. 1 If the employee did not work, he/she shall be p aid 200% of his/her wage
for that day, subject to the requirement that he or she was present or on
leave with pay on the workday prior to the start of the enhanced
community quarantine on 17 March 2020 pursuant to Proclamation No.
929 issued by President Rodrigo Roa Duterte on March 16, 2020.
[(Basic wage+ COLA) x 200%] 1;

1.2 For work done during the double regular holiday, the employee shall be
paid a total of 300% of his/her wage for that day for the first eight hours.
[ (Ba sic wage+ COLA) x 300%);
 1.3 For work done in excess of eight hours (overtime work), he/she shall be paid
an additional 30% of his/ he r hourly rate on sa id day [hou rly rate of the
basic wage x 300% x 130% x number of hours worked);

1.4 Fo r work done during a double regular holiday that also falls on his/her
rest day, he/she shall be paid an additional 30% of his/her basic wage of
300% [(basic wage + COLA) x 300%] + [30% (basic wage x 300%));
and

1.5 For work done in excess of eight hours (over time work) during a double
regular holiday that also falls on his/her rest day, he/she shall be paid an
additional 30% of his/her hourly rate on said day (hourly rate of the basic
wage x 300% x 130% x 130% x number of hours worked).

1 Cost of living allowance (COLA) is included in the computation of holiday pay.

2. Regular Holiday - April 10 (Good Friday)

2.1 If the employee did not work, he/she shall be paid 100% of his/her
wage for that day, subject to the requirement that he or she was
present or on leave with pay on the workday prior to the start of the
enhanced community quarantine on 17 March 2020 pursuant to
Proclamation No. 929 issued by President Rodrigo Roa Duterte on
March 16, 2020. [(Basic wage+ COLA) x 100%)1;
2.2 For work done during the regular holiday, the employee shall be
paid 200% of his/her wage for that day for the first eight hours
[(Basic wage + COLA) x 200%)2;
2.3 For work done in excess of eight hours (overtime work), he/she
shall be paid an additional 30% of his/her hourly rate on said day
[Hourly rate of the basic wage x 200% x 130% x number of hours
worked];
2.4 For work done during a regular holiday that also falls on his/her rest
day, he/she shall be paid an additional 30% of his/her basic wage
of 200% [(Basic wage+ COLA) x 200%] + [30% (Basic wage x
200%)); and
2.5 For work done in excess of eight hours (overtime work) during a
regular holiday that also falls on his/her rest day, he/she shall be
paid an additional 30% of his/her hourly rate on said day (Hourly
rate of the basic wage x 200% x 130% x 130% x number of hours
worked).

3. Special (Non-Working) Day - April 11

3.1 If the employee did not work, the "no work, no pay" principle shall
apply unless there is a favorable company policy, practice or
collective bargaining agreement (CBA) granting payment on a
special day;
3.2 For work done during the special day, he/she shall be paid an
additional 30% of his/her basic wage on the first eight hours of work
[(Basic wage x 130%) + COLA);
3.3 For work done in excess of eight hours (overtime work), he/she
shall be paid an additional 30% of his/her hourly rate on said day
(Hourly rate of the basic wage x 130% x 130% x number of hours
worked);
3.4 For work done during a special day that also falls on his/her rest
day, he/she shall be paid an additional 50% of his/her basic wage
on the first eight hours of work [(Basic wage x 150%) + COLA); and

2 Cost of living Allowance (COLA) is included in the computation of holiday pay

 3.5 For work done in excess of eight hours (overtime work) during a
special day that also falls on his/her rest day, he/she shall be paid
an additional 30% of his/her hourly rate on said day (Hourly rate of
the basic wage x 150% x 130% x number of hours worked).

Be guided accordingly.

LABOR ADVISORY NO. 14

SERIES OF 2020

CLARIFICATION ON THE NON-INCLUSION OF THE ONE-MONTH

ENHANCED COMMUNITY QUARANTINE PERIOD ON THE SIX-MONTH
PROBATIONARY PERIOD

Pursuant to Articles 5 and 296 of the Labor Code of the Philippines, as

renumbered and its Implementing Rules and Regulations, this Advisory is hereby
issued for the guidance of all concerned:

I. COVERAGE

This Advisory shall apply to all employers in the private sector who are
required under Article 296 of the Labor Code, as renumbered, to comply with the
probationary employment period not to exceed six (6) months from the date the
employee started working.

II. NON-INCLUSION OF THE ONE-MONTH ENHANCED COMMUNITY

QUARANTINE (ECQ) PERIOD

For purposes of determining the six-month probationary period, the one-

month ECQ period is not included thereof.

Ill. MONITORING AND ENFORCEMENT

The nearest DOLE Regional/Provincial/Field Office which has

jurisdiction over the workplace, shall monitor the implementation of this
issuance.

Be guided accordingly.
 LABOR ADVISORY NO. 09,
Series of 2020

GUIDELINES ON THE IMPLEMENTATION OF FLEXIBLE WORK

ARRANGEMENTS AS REMEDIAL MEASURE DUE TO THE ONGOING
OUTBREAK OF CORONAVIRUS DISEASE 2019 {COVID-19)

I. PURPOSE

In view of the ongoing outbreak of COVID-19 worldwide and its impact

on the country's business and economy, this Advisory is being issued to assist
and guide employers and employees in the implementation of various flexible
work arrangements as alternative coping mechanism and remedial measures.
The adoption of flexible work arrangements is considered as better
alternatives than outright termination of the services of the employees or the
total closure of the establishments.

The Department recognizes the desirability and practicality of

flexible work arrangements that may be considered by employers after
consultation with the employees, taking into account the adverse
consequences of the situation on the financial viability of the company.

II. CONCEPT

Flexible work arrangements refer to alternative arrangements or

schedules other than the traditional or standard workhours, workdays and
workweek.

The effectivity and implementation of any of the flexible work

arrangements shall be temporary in nature, subject to the prevailing conditions
of the company.

Ill. FLEXIBLE WORK ARRANGEMENTS

The following are the flexible work arrangements which may be

considered, among
others:

1. Reduction of Workhours and/or Workdays refers to one where

the normal workhours or workdays per week are reduced.
 2. Rotation of Workers refers to one where the employees are
rotated or alternately provided work within the week.

3. Forced Leave refers to one where the employees are required

to go on leave for several days or weeks utilizing their leave
credits, if there are any.

The employers and the employees are encouraged to explore other

alternative work arrangements in order to cushion and mitigate the effect of
the loss of income of the employees.

IV. ADMINISTRATION

The employer and the employees who have adopted the flexible
work arrangements shall be primarily responsible for its administration. In
case of differences of interpretation, the following guidelines shall be
observed:

1. The differences shall be treated as grievances under the

applicable grievance mechanism of the company.

2. If there is no grievance mechanism or if this mechanism is

inadequate, the grievance shall be referred to the Regional
Office which has jurisdiction over the workplace for
appropriate conciliation.

3. To facilitate the resolution of grievances, employers are

required to keep and maintain, as part of t heir records, the
documentary requirements proving that the flexible work
arrangement was adopted.

V. POSTING AND NOTICE

Establishments implementing the flexible work Arrangements provided

herein shall post a copy of this Advisory in a conspicuous locat io n in the
workplace.

The employer shall notify the Department through the Regional/

Provincial/Field Office which has jurisdiction over the workplace of the
adoption of any of the above flexible work arrangements. The notice shall be
in the Report Form attached to this Advisory.

VI. MONITORING AND ENFORCEMENT

The Regional/Provincial/Field Office which has jurisdiction over the

workplace shall monitor and verify the proper implementation of this issuance.