The Department of Labor and Employment ("DOLE") issued Labor Advisory No. 3-2021 or the Guidelines on the Administration of the COVID-19 Vaccine in Workplaces, and Labor Advisory No. 8-2021 or the Promotion of COVID-19 Vaccination in the Private Sector.
Section 5 of Republic Act No. 11525 ("RA No. 11525") or the COVID-19 Vaccination Program Act of 2021, provides that private entities may procure COVID-19 vaccines by entering into a multi-party agreement with the Department of Health (DOH), National Task Force Against COVID-19 (NTF) and the supplier of the COVID-19 vaccine. The law does not mandate private entities to administer COVID-19 vaccines in the workplace, but if the employers choose to administer COVID-19 vaccines, they should adopt and implement an appropriate vaccination policy in the workplace, in accordance with the law. They may also seek the support of appropriate government agencies in the procurement, storage, transport, deployment and administration of COVID-19 vaccines.
The Implementing Rules and Regulations of RA No. 11525 ("IRR") state that only COVID-19 vaccines which were procured or donated with a valid Emergency Use Authorization issued by the Philippine Food and Drug Administration shall be distributed and administered by the private entities. The IRR also provides that the COVID-19 vaccines that were procured by the private entities shall not be for sale and shall only be for the exclusive use of the private entities and its employees. In case of donated COVID-19 vaccines, the priority in the inoculation shall be their healthcare workers, senior citizens, economic frontliners and essential workers.
Furthermore, under the said labor advisories, all employees in the private sector are highly encouraged to get inoculated with the COVID-19 vaccine, except for those who are ineligible or disqualified for health reasons. However, private entities cannot implement a "no vaccine, no work" policy. Employers shall shoulder the cost of the vaccinations and no cost of vaccination shall be charged against or passed on, directly or indirectly, to the employees.
