One of the things Employers and Employees MUST know

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Employees' right to stay at home during typhoons!Gone are the days when rainy mornings made me happy.. and excited.. and go back to bed. Because reality check: typhoons are no longer good news. Now that I’m one of the corporate slaves of this universe, no more happy news of suspension of classes for me.

Yesterday, we weren’t able to go to the office because of super heavy rains. So, i thought of researching on laws that may cover employees’ rights during these times of natural phenomenon.

I could not find an exact law governing the rights of employees to stay safe at home when the typhoon signal is #3, allow them to eat all they want and sleep all they want.  Haha. But seriously, there is nothing in the labor code that i can’t find when it comes to this subject. I was searching for something like:

1. The employee has the right to stay protected from any danger, whether man-made or natural occurring phenomena, and the employer, aware of the situation, must know that dangerous conditions such as this, should not oblige his employees to fulfill their duties, or;

2. The employee cannot be accused of gross negligence or disobedience if his duty was not fulfilled due to natural occurring phenomena…

…or something to that effect. There was nothing in the Philippine labor law that may somehow emphasize this concern.

I found this online, and i think it is a law being exercised in California.

Willful and Serious Misconduct” – An employer’s actions is considered serious and willful misconduct if an employer actually knew of the dangerous condition yet deliberately failed to take corrective action, which resulted to an employee’s injury. The conduct is deemed to be more than gross negligence and it is of quasi-criminal in nature. If found guilty of willful and serious employer misconduct, the employer would be liable to pay an amount equal to half the value of all benefits paid as a result of the injury which would include temporary and permanent disability, medical and vocational rehabilitation benefits.

So how i wish i found something like the one stated above. Since, there were zero results for my query, i tried checking forums and discussions. Then i found this on Chan Robles‘ site:

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

This is the closest to what i was looking for. And i found it in the Civil Code of the Philippines.

I don’t know but I feel a bit disappointed. Hehe. Not that there was nothing perfectly fit for my concern. Mahirap lang na napaka-general ng law na applicable. Yun lang.

I just hope employers and employees are aware of this. I am no legal expert, and i just rely on the information I am able to dig on the web, so I hope legal experts out there could enlighten me. 🙂

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