Right(s) Up: Workers have the right to refuse unsafe work

Context: As the Filipinos suffer from typhoon Uwan (Fung-wong), Business Process Outsourcing (BPO) companies still continue their operations without consideration for their employees. Workers groups emphasized that employees have a “right to refuse work.”

Human rights: Labor rights, right to refuse work

Community impact: The decision of BPO companies to continue operations without regard for their employees’ safety tramples on the right of employees to refuse work by reasons of imminent danger without fear of retaliation from the employer based on the Occupational Safety and Health Standards of 2018 or R.A. 11058 and DOLE Labor Advisory No. 17, s. 2022.

Rights-holder: Employees, BPO workers

Duty-bearer: Companies, employers, and Department of Labor and Employment (DOLE)

Despite typhoon Uwan weakening over entering Philippine Area of Responsibility (PAR), a “moderate to high risk of storm surge may occur within the next 12 hours” according to the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA).

Many BPO companies still have the “business-as-usual” attitude, many of them requiring their employees to work.

BIEN released a list of companies who continue their operations without consideration for their employees yesterday.

BPO Industry Employees’ Network (BIEN) and House Assistant Minority Leader and Gabriela Women’s Party Rep. Sarah Elago called on these companies and for the Department of Labor and Employment (DOLE) to uphold workers’ rights in times of calamity.

According to the Occupational Safety and Health Standards of 2018 or R.A. 11058 and DOLE Labor Advisory No. 17, s. 2022, workers have the right to refuse unsafe work by reasons of imminent danger without fear of retaliation from the employer.

Employers who willfully fail to comply with OSH standards face an administrative fine of up to P100,000 (US$ 1,600) per day. This fine continues until the violation is corrected, starting from the date of notification or service of the compliance order, according to the OSH Law.

“Workers are not waterproof,” said Elago. “No one should be forced to risk their lives just to meet company targets during a super typhoon.”

Institute for Occupational Health and Safety Development (IOHSAD) called on the government to extend the work suspension to all private establishments in areas affected by Super Typhoon Uwan. 

IOHSAD said authorities must also ensure that workers receive their full pay despite the suspension. “No one should have to choose between safety and livelihood in times of disaster,” the group said.

Elago also urged the DOLE to proactively monitor companies’ compliance with labor rights, particularly in sectors known for compelling employees to work during disasters. 

Both IOHSAD and Elago urged DOLE to penalize violators who continue to endanger workers’ lives.

GWP has previously filed a House resolution seeking to investigate reported cases of BPO employees in Cebu being compelled to work despite safety hazards following an earthquake. (RVO)

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