DOLE orders no discrimination, no termination of workers who refuse vaccine

from March 12, 2021 01:00 am to March 12, 2021 01:00 am

 The Department of Labor and Employment (DOLE) has formalized its stance against any possible imposition by employers of a “no vaccine, no work” policy.

In its Labor Advisory No. 03, series of 2021, signed by Labor Secretary Silvestre Bello III on March 12, the DOLE said that “any employee who refuses or fails to be vaccinated shall not be discriminated against in terms of tenure, promotion, training, pay, and other benefits, among others, or terminated from employment.”

“No vaccine, no work policy shall not be allowed,” the Labor Advisory read.

Establishments and employers, however, shall endeavor to encourage their employees to get vaccinated.


Bello has earlier stated that a “no vaccine, no work” policy is illegal and should be considered as discrimination. 

The "no vaccine, no work" policy came to light after some workers in the agriculture, manufacturing and services sector informed the Associated Labor Union (ALU) about it.

The ALU said most of the complaints it received came from hotel, restaurant and BPO workers.

The Labor Advisory also outlined the guidelines on the administration of COVID-19 vaccine in the workplaces.

“Covered establishments and employers shall adopt and implement the appropriate vaccination policy in the workplace as part of their occupational safety and health program, consistent with the guidelines issued by the Department of Health (DOH) and Inter-Agency task Force (IATF) in accordance with existing laws, rules, and regulations,” the advisory read.

The DOLE also said that employers may procure COVID-19 vaccines, supplies and other services.

“They may also seek the support of the appropriate government agencies in the procurement, storage, transport, deployment, and administration of COVID-19 vaccines,” it said.

The DOLE’s regional offices are ordered to enforce the guidelines and provide appropriate assistance to establishments and employers to facilitate their compliance.—LDF, GMA News