In the Philippine labor landscape, the interplay between an employer’s management prerogative and an employee’s right to security of tenure is often tested by external, uncontrollable events. One of the most contentious issues arises when employees are penalized—through suspension or other disciplinary actions—for failing to report to work due to road closures caused by force majeure (e.g., typhoons, floods, earthquakes, or government-mandated lockdowns).
Under Philippine law, such disciplinary actions are often legally tenuous and may constitute illegal suspension or even constructive dismissal.
1. The Principle of Force Majeure (Caso Fortuito)
In legal terms, force majeure refers to extraordinary events that could not be foreseen, or which, though foreseen, were inevitable. Article 1174 of the Civil Code of the Philippines establishes that no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable.
In the context of labor:
- The "No Work, No Pay" Rule: Generally, if an employee cannot work due to a natural disaster, the employer is not obligated to pay wages for that day (unless a favorable company policy or CBA exists).
- The "No Fault" Rule: While the employer might not pay for the day, they generally cannot punish the employee for an absence that was physically impossible to avoid.
2. Management Prerogative vs. Security of Tenure
Employers have the "management prerogative" to discipline employees for tardiness or abandonment of work. However, this is not absolute.
- Just Causes (Art. 297, Labor Code): To validly dismiss or suspend an employee, there must be a "just cause," such as serious misconduct or willful disobedience.
- The Element of Willfulness: For an absence to be disciplinary, it must be willful and unjustified. If an employee is stranded due to a bridge collapse or a government-mandated road closure, the element of "willful" intent to skip work is absent.
3. Guidelines from the Department of Labor and Employment (DOLE)
DOLE has issued various Labor Advisories (notably during the COVID-19 pandemic and major typhoons) that clarify the treatment of absences during weather disturbances and similar events.
Key Principles:
- Non-Diminution of Benefits: Employees should not be penalized for failing to report to work during extreme weather conditions or natural calamities.
- Safety Priority: The safety of the employee is paramount. If the government (PAGASA or the NDRRMC) issues warnings that make travel hazardous, or if local authorities close roads, an employee's failure to report is considered justified.
- Discretionary Leaves: Employers are encouraged to allow employees to use their earned leave credits to cover the absence so they can still receive pay, but they cannot be forced to use them as a "penalty."
4. Elements of Illegal Suspension
A suspension is considered illegal if it fails either the Substantive or Procedural Due Process requirements:
- Substantive Due Process: Does the act (being absent due to a closed road) actually merit suspension? Usually, the answer is no. If the road closure is a documented fact, there is no valid ground for disciplinary action.
- Procedural Due Process: Even if there were a valid reason, the employer must follow the "Two-Notice Rule":
- Notice of Charge: Explaining the violation and giving the employee a chance to explain.
- Hearing/Conference: An opportunity to present evidence (e.g., news clips of the road closure).
- Notice of Decision: The final result.
Failure to provide these, or suspending an employee on the spot for a force majeure absence, constitutes a violation of labor rights.
5. Remedies for the Employee
If an employee is illegally suspended or disciplined due to road closures beyond their control, they have several points of recourse under the National Labor Relations Commission (NLRC):
| Remedy | Description |
|---|---|
| Complaint for Illegal Suspension | Seeking the payment of backwages for the period of the suspension. |
| Constructive Dismissal | If the disciplinary action makes continued employment impossible or involves a demotion in rank/pay, the employee may claim they were forced to quit. |
| Damages and Attorney's Fees | If the suspension was done in bad faith or in a wanton manner, the employee may be entitled to moral and exemplary damages. |
6. Employer Best Practices to Avoid Liability
To stay within the bounds of Philippine law, employers should adopt the following:
- Emergency Weather Policies: Clearly define what happens during a Red Warning or road closures.
- Remote Work Flexibility: If the job allows, permit telecommuting when physical roads are blocked.
- Verification: Instead of immediate discipline, verify the employee's claim of road closures through official news outlets or local government announcements.
Legal Summary: In the Philippines, an employee cannot be penalized for circumstances beyond their control. A road closure due to force majeure serves as a valid legal excuse for absence. Any disciplinary action taken in spite of this fact is a grave abuse of management prerogative and is actionable in the Labor Arbiter's office.