The Trade Union Congress of the Philippines (TUCP) condemned as inhuman and illegal the “no vaccine, no salary” scheme imposed by employers on unvaccinated workers.
Under the scheme, some employers allegedly withheld the salary of unvaccinated employees until they have shown to company supervisors proof that they are fully vaccinated, like vaccination cards.
Several workers from different enterprises who faced the said predicament sought TUCP’s assistance to intervene on their behalf for fear of reprisals, such as being singled out or even terminated if they come out in the open.
VIOLATION OF LABOR CODE
“The TUCP strongly condemns workplace arm-twisting being done by these employers. This is clearly an act of reprehensible discrimination and harassment imposed on helpless workers. We warn employers that such a scheme to compel workers to get vaccinated is contrary and unlawful pursuant to Article 116 of the Labor Code and is punishable by a fine or imprisonment,” said TUCP President and TUCP Partylist Rep. Raymond Mendoza.
Article 116 of the Labor Code mandates that “It shall be unlawful for any person, directly or indirectly, to withold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat, or by any other means whatsoever without the worker’s consent.”
VIOLATION OF HUMAN RIGHTS
Mendoza said compelling workers to get vaccinated by withholding their wages and denying full compensation for work performed or rendered is not only a violation of the Labor Code but obviously also a human rights violation.
DOUBLE INDEMNIFICATION
Mendoza said they asked the Department of Labor and Employment (DOLE), which earlier issued Labor Advisory No. 03-21 prohibiting compelled vaccination, to conduct immediate labor inspections of these identified workplaces and ensure that unvaccinated workers are paid double their unpaid wages as provided by Republic Act No.8188 or the Double Indemnity Law.
According to paragraph 2 & 3 of Section 1 of RA 8188: “Any employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees. Provided, that payment of indemnity shall not absolve the employer from the criminal liability imposable under this Act.”
If this violation is committed by a corporation, trust or firm, partnership, association, or any other entity the penalty of imprisonment shall be imposed upon the entity’s responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner.”
” DOLE must act immediately before this practice spreads and becomes a norm. To stop this unlawful scheme dead on its tracks, I have urged Labor Secretary Silvestre Bello III to issue a labor advisory clearly outlining the fines and imprisonment imposable on employers for withholding the salaries of unvaccinated employees,” Mendoza said.
Mendoza further explained that the “no vaccine, no wage” scheme violates Section 12 of the Republic Act 11525 or the “Act Establishing the Covid-19 Vaccination Program Expediting the Vaccine Procurement and Administration Process” which mandates that vaccine cards “shall not be considered as an additional mandatory requirement for education, employment, and other similar government transaction purposes.”
