Employers cannot fire unvaxxed workers: DOLE-10

The Department of Labor and Employment in Northern Mindanao (DOLE-10) on Friday clarified that while the national government is encouraging the public to get anti-coronavirus disease 2019 (Covid-19) vaccines, employers cannot terminate workers who would refuse to get inoculated.

Director Atheneus Vasallo, DOLE-10’s technical service and support division director, said via Zoom conference that for contractual workers, employers may violate short-duration contracting and sub-contracting arrangements if found to have laid-off workers who chose not to get the vaccine.

“If you are a worker of a contractor, in companies or clients, your employment is still protected; security of tenure is still protected,” he said.

In adherence to the guidelines set by the Inter-Agency Task Force (IATF) Resolution No. 148-B, and the Republic Act 11525 or the Covid-19 Vaccination Program Act of 2021, the agency reiterated that while employers shall require their eligible workers who are tasked to do “on-site work” to get vaccinated, they may not terminate other employees who refused to obtain the vaccine.

Vasallo said those who refused, however, shall be required to undergo an RT-PCR (reverse transcription-polymerase chain reaction) test regularly at their own expense, or as prescribed by the companies.

Lawyer Amor Deo Bajarla, DOLE-10’s mediation-arbitration and legal services officer, said even regular workers from both government and private companies are encouraged to take the vaccines.

He said under the particular IATF resolution, there is also the required number of workers that needed to be vaccinated in government workplaces.

DOLE-10 Director Albert Gutib said their agency is in full support of the upcoming three-day national vaccination rollout from November 29 to December 1 as mandated under Presidential Proclamation 1253.

He also said employers should consider those employees who will be participating in the vaccination drive, and must not be marked absent from work as mentioned in the proclamation.

Gutib also cited the specific IATF resolution that requires employees to show sufficient proof to the employers that they participated in the national vaccination drive in order not to be deemed absent for the day.

Source: Philippines News Agency

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