TUCP hits ‘no vax, no salary’ scheme
THE Trade Union Congress of the Philippines (TUCP) strongly condemned the “no vaccine, no salary” scheme allegedly being imposed by some employers on their unvaccinated employees.
Under the scheme, some employers withhold the salary of unvaccinated employees until they have shown to company supervisors their vaccination cards indicating that they are fully vaccinated.
Several workers from different enterprises deprived of their salaries until they showed their vaccination cards proving that they are fully vaccinated sought TUCP assistance to intervene on their behalf for fear of reprisals, being singled out or even being terminated if they come out in the open.
“The TUCP strongly condemns workplace arm-twisting being done by these employers. This is clearly an act of reprehensible discrimination and harassment imposed on helpless workers.
“We warn employers that such a scheme to compel workers to get vaccinated is contrary and unlawful pursuant to Article 116 of the Labor Code and is punishable by a fine or imprisonment,” said TUCP president and TUCP Party-list Rep. Raymond Mendoza.
Mendoza cited Article 116 of the Labor Code stating: “It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat, or by any other means whatsoever without the worker’s consent.”
The labor leader said compelling workers to get vaccinated by withholding their wages and denying employees’ full compensation for work rendered are only a violation of the Labor Code but also a human rights violation.
Mendoza asked the Department of Labor and Employment (DOLE), which earlier issued Labor Advisory No. 03-21 prohibiting compelled vaccination, to conduct immediate labor inspections of these identified workplaces and ensure that unvaccinated workers are paid an amount equivalent to double the unpaid wages owing to them as provided by Republic Act No.8188 or the Double Indemnity Law.
According to Section 1 of RA 8188: “Any employer concerned shall be ordered to pay an amount equivalent to double the unpaid benefits owing to the employees. Provided, that payment of indemnity shall not absolve the employer from the criminal liability imposable under this Act.”
“If this violation is committed by a corporation, trust or firm, partnership, association, or any othet entity the penalty of imprisonment shall be imposed upon the entity’s responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner.
“The DOLE must act immediately before this practice spreads and becomes a norm. To stop this unlawful scheme dead in its tracks, I have urged Labor Secretary Silvestre Bello III to issue a labor advisory clearly outlining the fines and imprisonment imposable on employers for withholding the salaries of unvaccinated employees,” Mendoza said.
Mendoza explained that the “no vaccine, no wage” scheme is violative of Section 12 of the Republic Act 11525 or the “Act Establishing the Covid-19 Vaccination Program Expediting the Vaccine Procurement and Administration Process” saying that vaccine cards “shall not be considered as an additional mandatory requirement for education, employment, and other similar government transaction purposes.”
