Philippines: DOLE Labor Advisory No. 23-23

On September 20, 2023, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 23, Series of 2023, adopting a new set of health protocols for workplaces following the lifting of the State of Public Health Emergency due to COVID-19. This Labor Advisory was issued pursuant to Proclamation No. 297, Series of 2023, which lifted the State of Public Health Emergency throughout the Philippines, and in accordance with the Department of Health’s (DOH) Circular 2023-0324, which clarifies the changes in COVID-19 protocols.

Under the Labor Advisory, employers and employees share the responsibility of ensuring safe and healthy workplace conditions. Employers are encouraged to promote vaccination among all employees; however, employees who refuse or fail to get vaccinated cannot be discriminated against or terminated due to their refusal. Furthermore, employers are prohibited from implementing a "No Vaccine, No Work" policy.

Employers must cover the costs of preventive measures and control for workplace illnesses and diseases, including the cost of vaccines. Additionally, they are required to submit appropriate reports to the DOLE and relevant Local Government Units, such as the Work Accident and Injuries Report, Annual Medical Report, and a list of COVID-19-positive cases. All issuances that were effective only during the State of Public Health Emergency, as well as any inconsistent issuances, are deemed withdrawn, revoked, or canceled.