Dear PAO,
Due to the monsoon rains, work suspensions are frequently declared by our LGU. However, these suspensions are, more often than not, only applicable to government employees. Can private establishments do the same? If not, can employees validly refuse to go to work if the weather already poses danger?
Iba
Dear Iba,
Yes, private establishments are also allowed to suspend their operations during weather disturbances and/or similar occurrences.
Section 1 of Labor Advisory No. 14, dated 19 August 2026, otherwise known as “Suspension of Work in Private Section by Reason of Weather Disturbances and Similar Occurrences”, issued by the Department of Labor and Employment, provides that employers may exercise their management prerogative in suspending work due to inclement weather, to wit:
“Section 1. Suspension of Work. – Except as provided for by law or appropriate proclamation, employers in the private sector may, in the exercise of management prerogative and in coordination with the safety and health committee, or safety officer, or any other responsible company officer, suspend work to ensure the safety and health of their employees during weather disturbances and similar occurrences.
Section 2. Payment of wages. – The following pay rules shall apply:
a.) If unworked – the employee is not entitled to regular pay, except when there is a favorable company policy, practice, or CBA granting payment of wages on the said day or when the employee is allowed to utilized his/her accrued leave credits;
b.) If worked – the employee is entitled to full regular pay provided that he/she has rendered work for not less than six (6) hours. If less than six (6) hours of work, the employee shall only be entitled to the proportionate amount of the regular pay, without prejudice to existing company policy or practice more beneficial to the employee. xxx”
In fact, the same Labor Advisory encourages the grant of extra incentives or benefits to employees who reported to work on the said days (Section 2, Labor Advisory No. 14, s. 2026).
However, if no suspension is declared by the employers, Section 3 of the said advisory instructs that no liability shall be incurred by the employee in case of failure or even refusal to go to work due to the imminent danger posed by the inclement weather, saying:
“Section 3. No liability in case of Failure or Refusal to Work. – Employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction.”
Thus, even without an official work suspension from the LGU, employees from private establishments cannot be required to report for work when there is an imminent danger caused by weather disturbances and similar occurrences. In case of such inevitable absences, employers are prohibited to impose any administrative sanction to the absent employees.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
