Department of Labor and Employment(DOLE)

May 21, 2021 Dear Jhomar Mercado, Greetings! Thank you for your request dated May 19, 2021 10:38:23 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Company policy. While traditionally, the law most often than not protects the rights of workers. But this is not always the case as labor laws is also replete with provisions on the rights of the employers. Management prerogative refers to a right that management feels is intrinsic to the ability to manage and therefore are not subject to collective bargaining. The employer’s right to conduct the affairs of his business, according to his own discretion and judgment, is well-recognized. However, the exercise of its management prerogative through policies, rules and regulations on work-related activities of the employees must always be fair and reasonable and the corresponding penalties, when prescribed, commensurate to the offense involved and to the degree of the infraction. It must also be well communicated to the rest of the employees. Anent the NTE that your employer requires of you is part of your employer's management prerogative As per their view, assuming that you have acquired the virus because of swimming, you are in turn exposing your co-workers to infection which is NOT good for the company as this may affect the operation of their business. In sum, the law provides for the rights of both employers and employees. We hope that you could resolve the issue at the company level. If you are not satisfied with the outcome of dispute resolution, you may ask for the assistance of the DOLE RO/FO that has jurisdiction to your workplace. Thank you Mark Valeros eFOI Receiving Officer