Mandatory Workplace Policies and Programs

Summary

▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the workplace.

▪ In contrast to mandatory workplace policies and programs, company-initiated policies and programs are those developed and implemented by the employer as an exercise of its management prerogative.

1. Concept

Workplace policies and programs are company policies.

By default, company policies are within the employer’s management prerogative. Meaning, it is the employer’s prerogative on whether to develop and implement certain workplace policies and programs, particularly if these would be beneficial the organization. For example, some companies have a Social Media Policy, while others do not. It is because those companies which have such policy may find it beneficial in their organization to have one.

However, there are times when a law or regulation requires the employer to develop and implement certain policies and programs in the workplace. For instance, Section 47 of R.A. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, requires employers to develop and implement drug-free workplace policies. Hence, Drug-Free Workplace Policy is mandatory.

Thus, mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the workplace.

2. Mandatory Workplace Policies and Programs

The following are mandatory workplace policies and programs:

1) Occupational Safety and Health Standards Policy and Program

Legal basis:

▪ R.A. 11058, a.k.a. An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof

▪ DOLE Department Order No. 198, Series of 2018 (DO 198-18)

▪ IRR of R.A. 11058 / DOLE Department Order No. 198, Series of 2018 (DOLE DO 198-18)

▪DOLE Department Order No. 208, Series of 2020 (DOLE DO 208-20)

2) Drug-Free Workplace Policy

Legal basis:

▪ Section 7 of R.A. 9165, a.k.a. The Comprehensive Dangerous Drugs Act of 2002

▪ DOLE Department Order No. 53, Series of 2003 (DOLE DO 53-03)

▪ DOLE-OSHC Occupational Health Package – A Primer

3) Alcohol-Free Workplace Policy

Legal basis:

▪ A Company Model – Alcohol-Free Workplace Policy and Program

4) HIV and AIDS Workplace Policy

Legal basis:

▪ R.A. 8504, a.k.a. The Philippine AIDS Prevention and Control Act of 1998

▪ Implementing Rules and Regulations of R.A. 8504

▪ DOLE Department Order No. 102, Series of 2010 (DOLE DO 102-10)

▪ DOLE-OSHC Occupational Health Package – A Primer

5) Tuberculosis Prevention Workplace Policy

Legal basis:

▪ DOLE Department Order No. 73, Series of 2005 (DOLE DO 73-05)

▪ DOLE-OSHC Occupational Health Package – A Primer

6) Hepatitis B Prevention Workplace Policy

Legal basis:

▪ DOLE Department Advisory No. 05, Series of 2010 (DOLE DA 05-10)

▪ DOLE-OSHC Occupational Health Package – A Primer

7) Anti-Sexual Harassment Workplace Policy

Legal basis:

▪ R.A. 7877, Anti-Sexual Harassment Act of 1995

▪ DOLE-BWSC Workplace Sexual Harassment Primer

8) Mental Health Workplace Policies and Programs

References:

▪ R.A. 11036, a.k.a. Mental Health Act

▪ IRR of R.A. 11036

▪ R.A. 11058, a.k.a. An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof

▪ IRR of R.A. 11058 / DOLE Department Order No. 198, Series of 2018 (DOLE DO 198-18)

▪ DOLE Department Order No. 208, Series of 2020 (DOLE DO 208-20)

9) Covid-19 Workplace Policy

References:

▪ DTI and DOLE Interim Guidelines on Workplace Prevention and Control of Covid-19

▪ DOLE Labor Advisory No. 18, Series of 2020 (DOLE LA 18-20)

▪ DOLE Labor Advisory No. 11, Series of 2020 (DOLE LA 11-20)

▪ DOLE Labor Advisory No. 09, Series of 2020 (DOLE LA 09-20)

▪ DOLE Covid-19 Mitigating Measures

3. Company-initiated Policies and Programs

In contrast to mandatory workplace policies and programs, company-initiated policies and programs are those developed and implemented by the employer as an exercise of its management prerogative.

Otherwise stated, while there is no legal requirement for these policies and programs, the employer chose to develop and implement them as they are beneficial to the organization.

The following are some examples and are not a complete list:

1) Compensation and Benefits Policy

2) Working Conditions Policy

3) Code of Conduct and Discipline Policy

4) Breastfeeding Workplace Policy

5) Social Media Policy

6) Family Welfare Program

7) Retirement Policy