Isolation and Quarantine Leave Rules of DOLE
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Isolation and Quarantine Leave rules were issued by the Department of Labor and Employment (DOLE) on 17 January 2022 on account of the rising cases of COVID-19, especially the Omicron variant.
View the PDF version of Labor Advisory 01, Series of 2022 here (original file not mine).
The bugging question is whether it is mandatory for all employers to do so. It appears that it is not considering the use of the word “urge” by the DOLE in its labor advisory.
The source of DOLE’s authority in such issuance is Article 5 of the Labor Code, as amended. Its aim is to ensure safe and humane working conditions through compliance with general labor standards and occupational safety and health standards, as well as the minimum public health protocols.
The rules apply to all establishments, employers, and their employees in the private sector. The
requirement for isolation and quarantine is in accordance with the prevailing issuances of the Department of Health (DOH) and the DOLE and Department of Trade and Industry (DTI).
The issuances referred to in said advisory are DOH Department Memorandum No. 2022-0013, DOH Department Circular No. 2022-0002, and the DOLE and DTI Joint Memorandum Circular No. 20-04-A.
As to the matter of “paid isolation and quarantine leave,” the DOLE states that employers are urged, in consultation with the employees’ representative if any, to adopt and implement an appropriate paid isolation and quarantine leave program on top of existing leave benefits under the company policy, Collective Bargaining Agreement, the Labor Code of the Philippines, and special laws.
The paid isolation and quarantine leave shall be without prejudice to other benefits provided by the Social Security System and the Employees’ Compensation Commission.
To urge means to present, advocate, or demand earnestly or pressingly. In contrast, the word “shall” carries an imperative signification. “Shall” is a word of command, and one which has always or which must be given compulsory meaning; as denoting obligation. It has a preemptory meaning, and it is generally imperative or mandatory. It has the invariable significance of operating to impose a duty which may be enforced, particularly if public policy is in favor of this meaning or when addressed to 
public officials, or where a public interest is involved, or where the public or persons have rights which ought to be exercised or enforced, unless a contrary intent appears. (Diokno vs. Rehabilitation Finance Corporation, G.R. No. L-4712, July 11, 1952.)
Further, the same import can be read in the case of Adasa vs. Abalos (G.R. No. 168617, February 19, 2007).
The Labor Advisory is directory in nature and was apparently issued to advise all government agencies and instrumentalities to undertake measures that will help in the fight against COVID-19. Being an advisory, it cannot be deemed as an exercise by the President of the power of control. Thus, it retains its directory nature consistent with the use of the word “urge” therein.
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