INTRODUCTION

The ongoing pandemic and the consequent lockdowns put in place have undoubtedly made an impact on the workforce. Several businesses have either scaled down their operations or have implemented temporary closure to prevent future losses on a bigger scale. In April 2020 alone, the unemployment rate increased to 17.5%1 from 5.3% in January 2020.2 By February 2021, the unemployment rate eased to 8.8%, which is still higher than the 8.7% in the last quarter of 2020 published in January 2021.3 In numbers, the 8.8% unemployment rate is translated to 4.2 million Filipinos who do not have work to support themselves and their families. Changes in the dynamics of the workplace and the status of employment have been seen as among those economic impacts brought about by the Coronavirus Disease 2019 pandemic.

A study conducted by the Philippine Business Coalition for Women Empowerment and Investing in Women4 shows how the economic effects of COVID-19 differ based on gender, industry, and business size. In summary, 60% of the respondents have experienced either an increase or decrease in their work hours or salary, or a change in the permanency of their position. According to the study, men are more likely to experience either a change in working hours or termination from employment, while women are more prone to temporary cessation from employment or a decrease in salary. It is also worthy to note that, as pointed out by the same study, the effects on both genders vary depending on the industry and the scale of business. For example, the telecommunications industry has been greatly affected, while small or medium-sized businesses are more likely to close and cease operations over the duration of the pandemic. These numbers echo a household survey conducted by the World Bank Organization5 where it was shown that the highest rate of job losses was in Luzon. The WBO also found that 65% of farm and non-farm businesses experienced a decline in revenue, and 60% of households received less or no remittances from the government since the community quarantine was implemented. Overall, the effects of the pandemic on the labor force are clear and measures must be strengthened and enforced to be responsive to the needs and conditions of employees.

In line with this continuing predicament faced by the workers in the time of the pandemic, the Initiatives for Dialogue and Empowerment through Alternative Legal Services, Inc. created the COVID-19 Legal Assistance and Response for Human Rights, a project that aims to assist the affected workers by bridging them to legal units that will actively monitor labor rights violations during quarantine and provide immediate legal assistance to victims of the same. The end-goal is to provide legal services to the workers and to recommend policies to the Department of Labor and Employment currently being implemented by the DOLE. To achieve these objectives, it is important to review and analyze the legal bases of the mechanisms. Thus, the following legal provisions need to be emphasized.

Section 3, Article XIII of the 1987 Constitution provides:

BALIK PASADANG LIGTAS. Majority of jeepney drivers lost their livelihood during the height of the quarantine restrictions.

“The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted

1 Philippine Statistics Authority. Employment Situation in January 2020. https://psa.gov.ph/content/employmentsituation-january-2020-0#:~:text=e) %20Unemployment%20rate%20was%20estimated,million%20underemployed%20in%20January%202020%20. Last accessed on January 20, 2021. 2 Ibid.

3 Philippine Statistics Authority. Employment Situation in February 2021. https://psa.gov.ph/statistics/survey/laborand-employment/labor-force-survey/title/Employment%20Situation%20in%20February%202021. Last accessed on April 5, 2021. 4 Hill, Elizabeth, Baird, Marian, and Seetahul, Suneha. The Philippines and COVID-19: Impact on the private sector. July 2020. https://asiapacific.unwomen.org//media/field%20office%20eseasia/docs/publications/2020/08/iwphilippines-report_final-28aug.pdf?la=en&vs=2915. Last accessed on January 20, 2021. 5 World Bank Organization. Impacts of COVID-19 on Households in the Philippines. http://pubdocs.worldbank.org/en/ 109011605520157559/pdf/Results-from-the-Philippines-COVID-19-Households-Survey-conducted-in-August-2020Presentation.pdf. Last accessed on January 20, 2021.

activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage.

They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.”

By virtue of the said provision, it is established that the State has a duty to promote the use of voluntary modes in settling disputes in the labor sector. In line with this, Article 211 of the Labor Code states that it is the policy of the State “to promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation, and conciliation, as modes of settling labor or industrial disputes”6 and “to provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes.”7

These guiding principles, which are enshrined in the labor laws, along with the Alternative Dispute Resolution Act of 20048 and the Order Instituting the Use of ADR in the Executive Department of the Government,9 led to the formulation of the DOLE Department Order No. 107-10. The D.O. No. 107-10 created the Guidelines on the Single-Entry Approach Prescribing a 30-Day Mandatory Conciliation-Mediation Services for All Labor and Employment Cases. It was later institutionalized as Republic Act No. 10396 in 2013.

The SENA10 refers to an administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full blown disputes. Conciliation-mediation process shall be utilized as immediate intervention to effect amicable settlement among the differing parties.11 This process has long been established by the DOLE, through its Single-Entry Assistance Desks that can be found in the DOLE Central, Provincial, and Field Offices, as well as its attached agencies. To cope with the demands of its clients, DOLE also started an online portal where the employees and the employers alike can file their request for conciliationmediation assistance.

Pertinent rules provide that the administrative approach starts with the filing of a Request for Assistance to be initiated at any SEAD or unit in the region, province, district, or field office where the employer principally operates.12 Likewise, a complaint or RFA may also be done through a letter sent via email or by referral.13 Afer the filing, the SENA Desk Officer shall assign a docket number using a prescribed format and shall immediately schedule an initial conference. 13

The SEADO may hold as many conferences as may be necessary within the 30-day conciliation-mediation period, and the resetting of any scheduled conference may only be allowed upon justifiable grounds, which shall be held not later than three days from the original scheduled conference. Lastly, the 30-day period may be extended for a maximum of seven days provided the parties agree to such extension.

The appearance of all parties shall be mandatory considering that parties may amicably settle their disputes within the conciliation-mediation period. However, if upon the expiration of the 30-day period without both parties having come to an agreement regarding their dispute, a withdrawal of the complaint due to disinterest, non-appearance for two consecutive conferences, resistance to the conciliation-mediation process, or upon full compliance with the settlement agreement, the SENA proceedings shall be terminated or shall be referred for filing to the respective DOLE or National Labor Relations Commission offices, as the case may be.18

6 Article 211, A(a), Labor Code. 7Article 211, A(e), Labor Code. 8 Republic Act No. 9285. 9 Executive Order No. 523, series of 2006. 10 Section 3(a), D.O. 107-10. 11Section 2(g), Rule I, Rules of Procedure of the SENA. 12 Section 1, Rule II, Rules of Procedure of the SENA. 13 Section 4, Id. 14Section 2, Id. 15 Section 2(i), Id. 16 Section 1, Rule IV, Id. 17 Section 3, Id. 18 Sections 4, 5, and 7, Id.

LIGTAS ANG MAY ALAM. A woman reads the Ligtas Ang May Alam Newsletter while waiting to receive the hygiene kits distributed by IDEALS in Mindoro. In 2020, the National Conciliation and Mediation Board19 reported a total of 26,527 RFAs filed across all DOLE implementing agencies of the SENA. These offices include the DOLE Regional Offices, NLRC, NCMB, Philippine Overseas Employment Administration, and Overseas Workers Welfare Administration. From this number, a total of 24,966 (94.12%) have been disposed of through settlement, withdrawal of the RFA, lack of interest by the parties, or referral to other agencies. By the end of 2020, a total of 1,561 (5.88%) of the total RFAs were still undergoing conciliation-mediation proceedings through the SENA.

To cope with the challenges of the pandemic, the DOLE administered the conduct of the SENA by using various communication channels. The agency was able to maximize the online platform, as well as the telephone and cellphone communications and face-to-face conferences, to dispose of the RFAs. They also used a blended approach, or a combination of both face-to-face and online conferencing, depending on the preference and capacity of the parties. In sum, a total of 21,204 (86.12%) of the total RFAs filed were still disposed of within the 30-day process, 1,249 (5.07%) were ended within the allowable 30–45-day process, while 2,169 (8.81%) extended beyond the policy-mandated period.20

CLEAR also aims to promote decent work in the workplace despite the pandemic. As a signatory to numerous labor conventions and agreements, it is the duty of the State to ensure that there is decent work in the workplace. As the United Nations21 defines it, decent work means opportunities for everyone to get work that is productive and delivers a fair income, security in the workplace, social protection for families, and better prospects for personal development and social protection for families, and better prospects for personal development and social integration. It is also important that all women and men are given equal opportunities in the workplace. 22

19 NCMB Report on SENA Accomplishments (January to December 2020). 20 Ibid. 21United Nations Sustainable Development Goals. Decent Work and Economic Growth: Why it Matters. https:// www.un.org/sustainabledevelopment/wp-content/uploads/2018/09/Goal-8.pdf. Last accessed on March 15, 2021. 22 United Nations. Sustainable Development Goals. https://www.un.org/sustainabledevelopment/wp-content/ uploads/2018/09/Goal-8.pdf. Last accessed on January 19, 2021.

•DOLE Labor Advisory No. 03, series of 2021 -

Guidelines on the Administration of COVID-19 Vaccines in the Workplaces; • No cost of vaccination in the workplace shall be charged against or passed on, directly or indirectly, to the employees. • Covered establishments and employers shall endeavor to encourage their employees to get vaccinated. No vaccine, no work policy shall not be allowed.

•D.O. No. 213, series of 2020 - Prescribing Guidelines in the Prescription of Actions and the Suspension of

Reglementary Periods to File Pleadings, Motions, and other Documents; • Administrative Order No. 30, series of 2020: Guidelines on the Interruption of Periods for Filing Documents and Cancellation of Proceedings • Interruption: March 16, 2020 • Expired or expires during community quarantine: deemed granted an extension of 30 days from lifing of community quarantine.

•D.O. No. 215, series of 2020 - Rule Amending Section 12 of Rule I, Rules Implementing Book VI of the Labor

Code on Suspension of Employment Relationship; • “In case of declaration of war, pandemic, and similar national emergencies, the employer and the employees, though the union, if any, or with the assistance of the Department of Labor and Employment, shall meet in good faith for the purpose of extending the suspension of employment fora period not exceeding six months; Provided, that the employer shall report to the Department, through the regional offices, the extension of the suspension of employment ten days prior to the effectivity thereof, subject to inspection; Provided, however, that the employees shall not lose employment if they find alternative employment during the extended suspension of employment, except in cases of written, unequivocal, and voluntary resignation; Provided, further, that should retrenchment be necessary before or afer the expiration of the extension of suspension of employment, the affected employee shall be entitled to separation pay as prescribed by the Labor Code, company policies, or collective bargaining agreement, whichever is higher;

Provided, finally, that the retrenched employees shall have priority in the re-hiring if they indicate their desire to resume their work not later than one month from the resumption of operations. • This notwithstanding, by mutual agreement of the employer and the employees, through the union, if any, or with the assistance of the Department of

Labor and Employment, employees may be recalled to work or retrenched, subject to the requirement of notice and separation pay, any time before the expiration of the extension of suspension of employment. • The extension of suspension of employment shall not affect the right of the employees to separation pay. The first six months of suspension shall be included in the computation of the employees’ separation pay.” • Effectivity date: November 7, 2020

•Labor Advisory No. 17-B, series of 2020 - Guidelines on Employment Preservation upon the Resumption of

Business Operation;

•Labor Advisory No. 28, series of 2020 - Guidelines on the Payment of Thirteenth Month Pay; and

•Labor Advisory No. 31, series of 2020 - Payment of

Deferred Holiday Pay during the National Emergency

Arising from the COVID-19 Situation.