Employers Can Require On-Site Employees to Get Vaccinated; Sample Forms and Templates for Implementation

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Previously, the position of the government was to prohibit employers from requiring vaccination of their employees.
However, the interest of public safety against COVID-19 seems to be the utmost concern considering the far-reaching impact of the pandemic to health, economy, and other facets of life.
On 11 November 2021, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution N0. 148-B, Series of 2021, requiring employers to have their eligible employees who are tasked to do on-site work to be vaccinated against COVID-19.
As umbrella policy guidelines behind the issuance, the IATF invokes Section 15 Article II of the 1987 Constitution that the State shall protect and promote the right to health of the people and instill health consciousness among them.
It likewise provides that Section 2(e) of Executive Order No. 168 (s.2014) mandates the IATF to educate the public on emerging infectious diseases and its prevention, control and management to promote positive health behaviors, and address public fear and anxiety through the conduct of a nationwide EID awareness campaign.
As a background, on March 8, 2020, recognizing that the COVID-19 pandemic requires the mobilization of a whole-of-government response, President Rodrigo Roa Duterte declared a State of Public Health Emergency in the entire Philippines through Proclamation No. 922. The declared State of Calamity was extended on 16 September 2021 for one year through Proclamation No. 1021 s.2020, and on September 10, 2021, was further extended until September 12, 2022, unless earlier lifted or extended as circumstances may warrant, through Proclamation No. 1218 (s.2021).
To dispel doubt on the efficacy of the vaccine as a general view, the IATF rationaziles that COVID-19 vaccines that have been granted with Emergency Use Authorization (EUA) by the Philippine Food and Drug Administration (FDA) are considered safe and effective, and, based on current available evidence, have been shown to (1) prevent symptomatic infection (2) prevent severe infection and (3) prevent transmission.
Now, following the Enhanced Prevent – Detect – Isolate – Treat – Reintegrate – Vaccinate Strategy of the National Task Force Against COVID-19, its Vaccine Cluster is currently implementing the National COVID-19 Immunization Program that aims to provide added protection to all eligible Filipinos from COVID-19.
The National COVID-19 Immunization Program has been opened to the general public nationwide as provided for under IATF Resolution No. 141 (s.2021). Further, the IATF approved the recommended strategy for the Vaccination Rollout for the Rest of the Pediatric Population (ROPP) pursuant to IATF Resolution No. 146 (s.2021).
Prescinding the rationale of the IATF issuance, the IATF approves the several measures in the cited Resolution 148B to the extent applicable under existing laws, rules, and regulations. Among which is the requirement for employers to require the vaccination of employees task to do on-site work.
Thus, in areas where there are sufficient supplies of COVID-19 vaccines as determined by the National Vaccines Operation Center (NVOC), all establishments and employers in the public and private sector shall require their eligible employees who are tasked to do on-site work to be vaccinated against COVID-19.
Eligible employees who remain to be unvaccinated may not be terminated solely by reason thereof. However, they shall be required to undergo RT-PCR tests regularly at their own expense for purposes of on-site work.
Provided that, antigen tests may be resorted to when RT-PCR capacity is insufficient or not immediately available.
In this case, how will the employer / company communicate to employees the requirement for vaccination in such a way as to legally defend itself from any policy challenges or labor disputes that may be advanced by opposing employees?
Below are some of the helpful forms and templates for companies/employers to implement the mandatory vaccination for onsite workers:
- Sample covering Memorandum of the mandatory vaccination policy for onsite workers (English Version)
- Sample covering Memorandum of the mandatory vaccination policy for onsite workers (Filipino / Tagalog Version)
- Sample Policy on the mandatory vaccination policy for onsite workers (English Version)
- Sample Policy on the mandatory vaccination policy for onsite workers (Filipino / Tagalog Version)
- Undertaking to Undergo RT-PCR tests regularly at their own expense for purposes of on-site work (English Version)
- Undertaking to Undergo RT-PCR tests regularly at their own expense for purposes of on-site work (Filipino / Tagalog Version)
- Sample Notice to Explain for Onsite Employees who Refuse to Undergo Vaccination or to Submit RT-PCR / Antigen COVID-19 Test (English Version)
- Sample Notice to Explain for Onsite Employees who Refuse to Undergo Vaccination or to Submit RT-PCR / Antigen COVID-19 Test (Filipino / Tagalog Version)
Check a Bundle of all the above templates here or call LVS Rich c/o Lea at 8579-9170 or text at 0917-6256598.
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