Senators slam supposed ‘no vax, no salary’ policy, say it’s illegal

Some senators on Monday condemned the "no vaccine, no salary" policy that was supposedly being implemented by a certain company in Metro Manila, stressing that this is illegal.

Senator Joel Villanueva said urging employees to get vaccinated against COVID-19 should not be done in a "shortcut" process but instead, employers should incentivize their employees to be encouraged in getting COVID-19 vaccines.

Villanueva further called on the Department of Labor and Employment to look into this, noting that those firms enforcing this policy should be penalized.

"Workers not being paid just because they are unvaccinated is patently illegal and inhumane, plain and simple," Villanueva said.

"We urge DOLE to incentivize employers to encourage vaccination in the workplace. We also call for DOLE's immediate action to ensure our workers are paid their wages, regardless of their vaccination status and [to] impose penalties on those who would be found violating the Labor Code provisions on the nonpayment of wages," he added.

Senator Franklin Drilon echoed Villanueva's remark, saying that if work has been rendered, it would be illegal to withhold the salary regardless of the vaccination status of the worker.

"A vaccination card is not a daily time record that is a primary document to prove that a work has been rendered. Once a work or service is rendered, a company has an obligation under the law to pay the employee,” Drilon said.

"If indeed there are companies that engage in the so-called ‘no vaccine, no pay’ scheme, the DOLE should remind them that they are violating RA 11525,” Drilon added.

He further said a vaccination card is not a requirement for employment as he cited Section 12 of Republic Act 11525 or The Covid-19 Vaccination Program), which states that “vaccine cards shall not be considered as an additional mandatory requirement for educational, employment, and other similar government transactions processes.”

Drilon joined the call for the DOLE to investigate this and emphasized that encouraging employees and workers to get inoculated should be done in a lawful manner.

"What the companies should do is to provide incentives and perks to those who are vaccinated to encourage other employees to line up and get inoculated. But they should never discriminate against those who are not yet vaccinated," Drilon said.

Senator Risa Hontiveros, for her part, said getting vaccinated should never be a requirement in work places, considering that there is still insufficient supply of COVID-19 vaccines for the public.

She said this policy is a form of discrimination.

"The Department of Labor and Employment should promptly investigate and prosecute employers committing such acts," Hontiveros said.

"The employers, instead of using force, should work with the government in inoculating their workers and provide education regarding the effects and benefits of the vaccine," she added.

It was Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) spokesperson Alan Tanjusay who disclosed about the said policy as a group of employees of a company in the National Capital Region (NCR) informed them about it.

Tanjusay urged DOLE to issue a labor advisory warning employers against implementing such a policy.

For its part, the Department of Health has said being vaccinated against COVID-19 is not a requirement for workers to receive their salaries. — BM, GMA News