Are Outsourced Health Workers Entitled to the 2022 Health Emergency Allowance? Rules and Remedies (Philippines)

Introduction

In the wake of the COVID-19 pandemic, the Philippine government implemented various measures to support frontline health workers, including the provision of financial allowances to compensate for the risks and hardships they faced. One such measure is the Health Emergency Allowance (HEA), which was extended into 2022 as part of ongoing efforts to recognize the contributions of health personnel. A key question that has arisen, particularly among workers in the healthcare sector, is whether outsourced health workers—those employed through third-party agencies or under contractual arrangements rather than direct employment by public or private health institutions—are entitled to this allowance.

This article examines the entitlement of outsourced health workers to the 2022 HEA within the Philippine legal framework. It discusses the relevant laws, administrative rules, eligibility criteria, application processes, and available remedies for denial or delay of benefits. The analysis is grounded in the principles of labor law, administrative law, and social welfare legislation in the Philippines, emphasizing equitable treatment for all health workers regardless of employment status.

Legal Basis for the Health Emergency Allowance

The HEA traces its origins to executive and legislative actions during the public health emergency. Initially introduced under Republic Act (RA) No. 11469, the Bayanihan to Heal as One Act (2020), and extended through RA No. 11494, the Bayanihan to Recover as One Act, the allowance aimed to provide hazard pay-like benefits to health workers exposed to COVID-19 risks.

For 2022, the HEA was continued and formalized under RA No. 11712, the Public Health Emergency Benefits and Allowances for Health Care Workers Act, signed into law on April 27, 2022. This law mandates benefits for health care workers (HCWs) during public health emergencies, including the HEA, which replaces earlier allowances like the Special Risk Allowance (SRA) and COVID-19 Active Hazard Duty Pay.

Supporting regulations include:

Department of Health (DOH) and Department of Budget and Management (DBM) Joint Circulars: Such as DBM-DOH Joint Circular No. 1, series of 2021, and subsequent issuances in 2022, which outline the guidelines for the grant of HEA. These circulars specify rates, coverage periods, and implementation mechanisms.
Executive Order (EO) No. 168, series of 2022: This established the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, which oversees the administration of emergency allowances.
General Appropriations Act (GAA) for Fiscal Year 2022: This allocated funds for HEA under the DOH budget, ensuring fiscal support for the program.

The HEA for 2022 was set at rates ranging from PHP 3,000 to PHP 9,000 per month, depending on the risk level (low, moderate, or high) and the worker's location or assignment. It covers periods from January 1, 2022, onward, until the state of public health emergency was lifted on July 21, 2023, by Proclamation No. 297.

Eligibility Criteria for Health Emergency Allowance

Under RA No. 11712 and related guidelines, eligibility for HEA is broadly defined to include all health care workers directly involved in the response to public health emergencies. Key criteria include:

Definition of Health Care Workers: HCWs encompass medical, allied medical, and non-medical personnel who provide direct care, support services, or administrative functions in health facilities. This includes doctors, nurses, midwives, laboratory technicians, barangay health workers, and even utility and administrative staff in hospitals or quarantine facilities.
Involvement in COVID-19 Response: Workers must have been exposed to COVID-19 risks through duties such as patient care, testing, vaccination, or contact tracing during the emergency period.
Employment Status: Importantly, the law and guidelines do not limit eligibility to permanent or regular employees. Contractual, casual, job order, and outsourced workers are explicitly included, provided they meet the functional criteria.
Public and Private Sector Coverage: HEA applies to workers in both government-owned and controlled corporations (GOCCs), local government units (LGUs), and private health facilities, with funding mechanisms differing by sector (e.g., DOH reimburses private facilities).

For 2022 specifically, DOH Memorandum No. 2022-0018 and subsequent clarifications emphasized retroactive application from January 2022, addressing gaps from prior allowances.

Entitlement of Outsourced Health Workers

Outsourced health workers, often referred to as "contract of service" (COS) or "job order" (JO) personnel in government contexts, or agency-hired employees in private settings, form a significant portion of the healthcare workforce in the Philippines. These workers are typically engaged through manpower agencies or direct contracts to fill temporary or specialized roles, such as nursing aides or security in hospitals.

Affirmative Entitlement Under Law

Yes, outsourced health workers are entitled to the 2022 HEA, subject to the same eligibility criteria as directly employed workers. This is supported by:

Inclusive Language in RA No. 11712: Section 3 defines HCWs without distinction based on employment type, stating that benefits shall be granted to "all health care workers" involved in the emergency response.
DOH-DBM Guidelines: Joint Circular No. 1, s. 2021 (as amended in 2022), explicitly includes "contractual, casual, job order, and other similarly situated personnel" in the coverage. For outsourced workers, the allowance is claimable through their deploying agency or the health facility where they render services.
Supreme Court Precedents: In cases like Ang Tibay vs. CIR (1940) and more recent labor rulings, the Court has upheld the principle of equal protection and non-discrimination in benefits for workers performing similar functions, regardless of contractual status. This aligns with Article XIII, Section 3 of the 1987 Constitution, which mandates full protection for labor.

Challenges in Implementation

Despite legal entitlement, outsourced workers have faced practical hurdles:

Funding and Reimbursement Delays: In public institutions, funds are released through DBM to DOH, then to facilities. Outsourced workers may experience delays if agencies fail to include them in payroll submissions.
Verification Requirements: Workers must submit proof of service, such as daily time records (DTRs), certificates of service, or exposure risk assessments, which can be burdensome for those without direct employer support.
Private Sector Variations: In private hospitals, HEA is reimbursed by DOH upon submission of claims. Outsourced workers may need to coordinate with both the agency and the facility, leading to disputes over responsibility.

Data from DOH reports indicate that by mid-2023, over 1.2 million HCWs had received HEA, but audits revealed discrepancies affecting outsourced personnel, prompting additional releases in 2024.

Rules for Claiming the Allowance

The process for claiming HEA follows administrative protocols:

Submission of Documents: HCWs or their representatives submit applications to the head of the health facility or LGU, including:
- Accomplished HEA claim form (DOH template).
- Proof of employment or service contract.
- Certification of risk exposure level.
- Payroll or DTR for the covered period.
Validation and Approval: The facility validates claims and forwards them to the DOH Regional Office or Central Office for approval. For outsourced workers, the agency may handle batch submissions.
Payment Mechanism: Payments are made via direct deposit, check, or through the facility's payroll. Retroactive claims for 2022 can still be filed, with no strict deadline but subject to fund availability.
Appeals for Adjustments: If the granted amount is disputed (e.g., wrong risk category), workers can appeal to the DOH Grievance Committee within 30 days.

Special rules for 2022 include pro-rated amounts for partial months and exclusions for periods of leave without pay or non-exposure.

Remedies for Denial or Delay

If an outsourced health worker is denied HEA or faces undue delays, several remedies are available:

Administrative Remedies

DOH Grievance Mechanism: Under RA No. 11712, a Grievance Committee handles complaints. Workers file a formal grievance with supporting documents; decisions are appealable to the DOH Secretary.
DBM Review: For funding issues, appeals can be made to DBM for release of allocations.
Ombudsman: Cases of graft or inefficiency by public officials denying benefits may be filed under RA No. 6770.

Judicial Remedies

Labor Arbitration: Outsourced workers can file claims with the National Labor Relations Commission (NLRC) under the Labor Code (Presidential Decree No. 442, as amended), treating denial as a money claim or unfair labor practice. Jurisdiction lies with Labor Arbiters, with appeals to the NLRC and Court of Appeals.
Mandamus: A petition for mandamus under Rule 65 of the Rules of Court can compel public officials to perform ministerial duties, such as releasing entitled benefits.
Civil Action: For private sector disputes, suits for sum of money or specific performance can be filed in regular courts.

Other Avenues

Congressional Oversight: Workers can seek assistance from the House or Senate Committees on Health for policy interventions.
Union or Association Support: Many health worker groups, like the Alliance of Health Workers, provide legal aid for collective claims.
Prescription Period: Claims must be filed within three years from accrual under Article 291 of the Labor Code for money claims.

Successful cases include group petitions by contractual nurses in 2023, resulting in DOH directives for immediate releases.

Conclusion

Outsourced health workers in the Philippines are unequivocally entitled to the 2022 Health Emergency Allowance under prevailing laws and regulations, reflecting the government's commitment to inclusive support during crises. However, implementation challenges underscore the need for vigilant advocacy and streamlined processes. By understanding the rules and pursuing available remedies, affected workers can secure their rightful benefits, ensuring that no one is left behind in the recognition of their sacrifices. Future emergencies may build on these frameworks to further protect vulnerable segments of the healthcare workforce.