COVID-19 vaccines have finally arrived on Philippine shores! As more arrive in the coming months and more of the population is eligible for the vaccines, it brings up questions about vaccinations in the workplace.
To help with this, SKY Law answers some commonly asked questions. SKY Law was established by Attys. Kurt Yeung, Edson Sy, and Kesterson Kua, banking on their years of extensive legal experience. They provide a wide array of services from labor and employment to immigration to taxation and more.
Here are some answers to the vaccine-related legal questions you need to know:
1. Are employers required to provide COVID-19 vaccines to their employees?
No, employers are NOT required to provide COVID-19 vaccines to their employees. According to DOLE Labor Advisory 03-21, employers are only required to adopt a “Vaccination Policy” in the workplace. This “Vaccination Policy” will differ from company to company depending on its stance on vaccination.
2. If the employer is willing, may it provide vaccination to its employees?
Yes, Labor Advisory 03-21 clearly states that employers MAY procure COVID-19 vaccines, supplies, and other services for its employees. However, no cost of vaccination may be charged against the employees.
3. Can an employer force its employees to be vaccinated?
No, employers cannot force their employees to be vaccinated even if it is free. Furthermore, employers are not allowed to discriminate against employees who refuse to be vaccinated. “No Vaccine – No Work” policy is strictly prohibited.
4. What is the liability of employers if their employees experience side effects from vaccines?
In the absence of gross negligence, employers who vaccinate their employees will not be held liable for side effects from vaccines so long as the vaccines were obtained through appropriate government agencies or organizations with valid tripartite agreements.
This was developed on 12 March 2021 and the advice herein may change depending on new issuances by the government.
For more legal advice, you may contact SKY Law at +632 8241 4617 or e-mail info@skylaw.com.ph.
For more advice on COVID-related issues in the workplace, check out this article.
