In his video statement, palace spokesman Harry Roque Jr. said the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) approved the mandatory vaccination of eligible on-site workers during its meeting on Thursday.
"It is not legal for employers to require the employee to be vaccinated [against COVID-19] before they can enter the workplace. There's no legal basis for that."
The main question we get asked from delivery riders is “do we have a case against the employer?”
Unfortunately, the answer to that question is not always “yes”. Since the DOLE defined what constituted an employee as opposed to a contractor, certain criteria have to be ascertained before any legal answer could be given.
So who are employed and who are not? Before you can advise someone on their employment status, you first have to apply the three tests that will determine the status of the delivery rider.
Only currently concerning those businesses within the National Capital Region, these Guidelines are really going to cause some concern in the private labor sector, since they now MANDATE the vaccination of employees in certain areas of Private Employment.
Under the law, there is no requirement to provide a written contract of employment for workers, and employing someone without a contract usually just means that the basic rules of the Labor Code are applied, with no additional benefits except for those that are given by the company as common-practice allowances.