The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.
Business Law and Labor Law Updates
HIGHLIGHTS OF THE GUIDELINES FOR AREAS PLACED UNDER MODIFIED ENHANCED COMMUNITY QUARANTINE
It has been more than two months since the country was under Enhanced Community Quarantine (ECQ). Gladly, starting May 16, 2020, parts of the Philippines were put under either General Community Quarantine or Modified Enhanced Community Quarantine (MECQ). The National Capital Region (NCR) is currently under MECQ based on Resolution No. 37 of Inter-Agency Task Force (IATF).
MECQ refers to the transition phase between ECQ and GCQ, when these temporary measures are relaxed: stringent limiting movement and transportation of people, strict regulation of operating industries, provision of food and essential services, and heightened presence of uniformed personnel to enforce community quarantine protocols become less necessary.
Right to Privacy during COVID-19 Pandemic
Right to privacy is a basic fundamental human right. It is also enshrined in several provisions of the 1987 Philippine Constitution.
The right to privacy is however not absolute. One cannot invoke his right to privacy if it will risk public safety. With the recent Covid19 pandemic, information from COVID-19 patients, Person Under Investigation (PUI), and Person Under Monitoring (PUM) is material for their treatment and for thwarting the spread of the virus in a timely manner. Republic Act No. 11332 (An Act Providing Policies and Prescribing Procedures on Surveillance and Response to Notifiable Diseases, Epidemics, and Health Events of Public Health Concern) further mandates patients to be fully transparent and truthful to the Department of Health (DOH), the hospitals that caters to them, and other pertinent public authority on the personal data requested from them. In cases where they fail to cooperate or they refuse to provide details or conceal required information, he or she can be penalized with imprisonment and hefty fines under RA 11332.
BALIK PROBINSIYA, BAGONG PAG-ASA PROGRAM
As of 4: 00 PM of May 18, 2020, the covid-19 tracker of covid19.gov.ph has recorded Twelve Thousand Seven Hundred Eighteen (12, 718) confirmed cases, Eight Hundred Thirty-One (831) deaths, and Two Thousand Seven Hundred Twenty-Nine (2, 729) recoveries. One of the Philippine government’s response in mitigating the transmission of COVID-19 is Executive Order No. 114 entitled “Institutionalizing the Balik Probinsiya, Bagong Pag-asa Program as a Pillar of Balanced Regional Development, creating a Council Therefor, and for Other Purposes” which was signed by the President last May 06, 2020.
ROLE OF EMPLOYERS AND WORKERS IN THE WORKPLACE DURING COVID-19
With the aim of minimizing the transmission of COVID – 19, the Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) joined forces and came up with guidelines on workplace regarding the prevention and control of COVID – 19 which was signed by the respective secretaries of the said two departments last April 30, 2020. Employers and workers in the private sector are mandated by the guidelines to observe health protocols as the Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ), as the case may be, remains in effect.
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