Payment of workers during work stoppage
"My brother is a construction worker for a company that is building an eight-story building. The foundation of the building that he is working on was said to have weakened and there is a possibility that a portion of it will collapse. Consequently, my brother’s employer issued a work stoppage order (WSO) to prevent any possible accident that might happen. My brother just wants to know if he and his co-workers should be paid their salary during the work stoppage.
Please be informed that Section 24, Chapter III, of the Implementing Rules and Regulations of Republic Act 11058 titled, “An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof,” which provides for the rule regarding the payment of wages of workers during work stoppage due to imminent danger, directly addresses your query. It thus states:“Section 24. Payment of Workers During Work Stoppage Due to Imminent Danger. – If stoppage of work due to imminent danger occurs as a result of the employer’s violation or fault, the employer shall pay the affected workers their corresponding wages during the period of such stoppage of work or suspension of operations.
“For purposes of payment of wages and any other liabilities arising from the WSO, the employer is presumed a party at fault if the WSO was issued secondary to an imminent danger situation which would imperil the lives of the workers. A mandatory conference not later than seventy-two (72) hours shall be held to determine whether the WSO will be lifted or not.” (Emphasis supplied)Clearly, workers should be paid their wages during the period of the work stoppage if the same was issued as a result of the existence of an imminent danger situation that arose from the employer’s violation or fault. It must be stated that the employer is presumed to be at fault if the WSO was issued secondary to an imminent danger situation. Thus, your brother should be paid his salary if it is apparent that the work stoppage was due to an imminent danger that arose from the employer’s fault or presumed fault.
This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to "
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"Payment of workers during work stoppage"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021