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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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25 JUL 14 All :47
SENATE 
S. No.
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Oc U
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Introduced by Senator Loren Legarda
AN ACT
MANDATING THE GRANT OF ADDITIONAL COMPENSATION TO PRIVATE 
SECTOR EMPLOYEES WHO ARE REQUIRED TO REPORT FOR WORK DURING 
DECLARED CALAMITIES AND EMERGENCY ALERTS, ESTABLISHING 
IMPLEMENTING MECHANISMS THEREFOR, AND IMPOSING PENALTIES FOR 
NON-COMPLIANCE
EXPLANATORY NOTE
The Philippines, an archipelago nestled in the Pacific Typhoon Belt, is no 
stranger to the formidable forces of nature. Annually, approximately 20 tropical 
cyclones enter the Philippine Area of Responsibility, with about 8 or 9 of them crossing 
the Philippines.1 This relentless barrage of typhoons, particularly from July through 
October, has become an inescapable facet of Filipino life.
Beyond typhoons, the nation's geographical positioning along the Pacific Ring 
of Fire renders it susceptible to a multitude of natural calamities. An estimated 60% 
of the country's land area and 74% of its population are exposed to hazards such as 
floods, cyclones, droughts, earthquakes, tsunamis, and landslides.2
In 2024, for the third year in a row, the Philippines topped the World Risk Index 
(WRI). The index, covering 193 countries, assesses exposure, vulnerability, and coping 
capacities to disasters, conflicts, and crises. Conducted by the Institute for 
International Law of Peace and Armed Conflict (IFHV) at Ruhr-University Bochum, the
1 Retrieved on 08 July 2025, from https://www.paqasa.dost.qov.ph/climate/tropical-cvclone- 
information
2 Retrieved on 08 July 2025, from
https://climateknowledqeportal.worldbank.orq/countrv/philippines/vulnerabilitv
1


report underscores the Philippines' extreme susceptibility to natural hazards and other 
global risks.3 Climate change has intensified the frequency and severity of extreme 
weather events, further exacerbating the vulnerabilities of the Philippines and 
increasing the risks faced by workers and businesses alike.
In the face of these adversities, certain industries stand as pillars of resilience, 
ensuring the continuity of essential services. Sectors such as transportation, food 
supply, healthcare, media and utilities remain operational during these trying times, 
driven by an unwavering commitment to public welfare. Their operations are not 
merely business endeavors but vital public functions that uphold the nation's stability.
The dedicated workforce behind essential industries bears the greatest burden 
during calamities. Employees such as media personnel, utility linemen, medical 
practitioners, frontline service providers, and essential worksite personnel brave 
floods, heavy rainfall, and other hazards to sustain critical services, often at great 
personal risk. Beyond physical danger, they face disrupted transport systems, 
increased commuting costs, and limited access to necessities while on duty. The 
increased difficulty and cost of commuting with unreliable public transport, flooded 
routes, and surge-priced fares further strain their finances, time, and well-being. Given 
these realities, it is only just and necessary to provide fair compensation for workers 
required to report during such emergencies, recognizing both their sacrifices and the 
added costs they bear.
In line with evidence-based policymaking, it is essential to examine two key 
studies that highlight the need for policy intervention to alleviate the economic burden 
of commuting during extreme weather events.
1. Commuting Behavior Adaptation to Flooding (Abad, Schwanen, 
Fillone, 2023)4
A study by Raymond Paolo Abad, Tim Schawanen, and Alexis M. Fillone on 
commuting behavior adaptation in Metro Manila highlights that workers earning below 
PHP 30,000 are more likely to adjust their commuting habits during flooding, primarily 
due to financial constraints and employer expectations. These low-income workers.
3 Retrieved on 08 July 2025, from https://weltrisikobericht.de/worldriskreport/#
4 Retrieved on 08 July 2025, from
https://www.sdencedirect.com/science/article/abs/pii/52214367X18302254


some of whom identify as "poor," prioritize reporting to work on time to avoid wage 
deductions or job-related sanctions. Their financial vulnerability often forces them to 
leave earlier, spend more on reliable but costly transport, or endure prolonged 
commutes—all of which increase both financial expenses and time and resources. This 
behavior reflects the pressures imposed by job security concerns, which outweigh the 
inconvenience and additional expenses of commuting during extreme weather 
conditions.
The study also found that 80% of surveyed commuters are full-time employees, 
meaning they have fixed work schedules and stricter attendance policies. Among 
them, 87% reported facing penalties for tardiness, reinforcing that arriving late—even 
due to uncontrollable weather conditions—has direct financial or disciplinary 
consequences. Since full-time workers have limited flexibility in adjusting work 
schedules or opting for remote work, they are often forced to find ways to reach their 
workplaces despite severe commuting difficulties.
Another key finding is that public transport commuters have significantly fewer 
options to adapt to extreme weather disruptions compared to private vehicle owners. 
Since public transport follows fixed routes and schedules, commuters cannot simply 
avoid flooded areas or take alternative roads. As a result, they rely on changing their 
departure times rather than modifying their route or mode of transport. The study 
found that most commuters choose to leave home earlier rather than adjust their 
return trips, suggesting that getting to work on time is a bigger priority than getting 
home early. The study also found that commuters' belief in the increasing frequency 
of floods influenced their likelihood of adjusting behavior, reinforcing the need for 
long-term flood resilience and employer flexibility.
Finally, the study emphasizes that employment-related constraints play a 
bigger role in commuting adaptation than flood characteristics themselves. Even when 
floods are severe, workers still make the effort to report to work, adjusting their travel 
patterns because they cannot afford to be late or absent. Space-time constraints 
further limit their ability to adapt since public transport follows fixed schedules, leaving 
workers with few alternatives to mitigate delays caused by floods.


2. The Influence of Rainfall on the Mode Shifting Behavior of 
Commuters (Sunga, Diaz, Napalang, 2017)5
A separate study by Abigail Sunga, Crispin Emmanuel Diaz, and Ma. Shiela 
Napalang reinforces these findings, specifically quantifying the financial and logistical 
burdens of commuting during extreme weather conditions.
The study results highlight the severe impact of intense rainfall on commuting 
conditions. Average travel time increases by 82.83%, with waiting times extending 
from 5 minutes to as much as 35 minutes, leaving workers stranded and struggling to 
reach their destinations on time. As rainfall intensity rises, service reliability, comfort, 
and safety ratings decline, making commuting even more difficult and stressful. 
Financial burdens also escalate, as fares surge by 28%, with the average fare rising 
from P40.56 (no rain) to P51.95 (intense rain). Ride-hailing services such as Grab and 
taxis impose surge pricing, further straining commuters financially. Moreover, 44.67% 
of commuters are forced to switch transport modes, often relying on more expensive 
but reliable alternatives such as Grab, taxis, or company-provided shuttles due to the 
unavailability or inefficiency of traditional public transport options. These findings 
reinforce the need for policy interventions to address the financial and logistical 
hardships that workers endure when reporting for duty during extreme weather 
conditions.
Although the studies cited above do not capture the entirety of the Philippine 
transportation system and primarily concentrate on Metro Manila, it illustrates the 
broader realities faced by workers across the country during extreme weather events. 
The disruptions, fare increases, delays, and hardships experienced in a metropolitan 
setting mirror the challenges encountered nationwide when typhoons and other 
calamities strike.
These findings nevertheless provide strong empirical justification for the 
Calamity Work Compensation Act, which seeks to compensate employees required to 
report for work during severe weather events. Since essential worksite personnel— 
especially at rank and file, minimum earners and full-time employees—do not have 
the luxury of choosing whether to report to work during calamities, the bill ensures
5 Retrieved on 08 July 2025, from https://ncts.upd.edu.ph/tssp/wp- 
content/uploads/2017/07/TSSP2017-10-Sunqa-Diaz-and-Napalang.pdf


that they are fairly compensated for the additional costs, hardships, and safety risks 
they endure.
Recognizing these challenges, this legislative measure seeks to mandate 
employers to provide an additional 30% daily wage to employees required to report 
for work during declared calamities and emergency alerts. This rate aligns with existing 
labor standards on overtime, rest day work, and special holidays under Presidential 
Decree No. 442 (Labor Code of the Philippines). While precise calculations may vary, 
this 30% rate is consistent with observed increases in transportation costs, as cited in 
relevant studies. When combined with the additional expenses incurred due to lack of 
necessary provisions, earlier departure times, travel adaptations, heightened safety 
risks, and inflationary pressures during calamities, this rate provides a fair and 
reasonable compensation framework for employees reporting to work under extreme 
conditions.
This compensation, however, is not to be misconstrued as hazard pay or a 
substitute for any legally mandated benefits. Instead, it serves as a reimbursement 
for the additional expenses and hardships employees incur, ensuring they are not 
financially disadvantaged for their indispensable service.
The intent of this Act is two fold - by offsetting increased costs related to 
transportation, food, and other necessities, the Act ensures that employees can 
perform their duties without the added stress of financial strain. Moreover, this Act 
formally recognizes the sacrifices and contributions of workers who, amidst adversity, 
continue to uphold essential services, embodying the spirit of bayanihan and 
resilience.
It is imperative to emphasize that this legislation does not encourage 
employees to place themselves in harm's way. The safety and well-being of the 
workforce remain paramount. Instead, the Act ensures that when their roles 
necessitate presence during such events, they are justly compensated for the 
additional challenges faced.
Meanwhile, to provide flexibility while still safeguarding worker welfare, the bill 
also includes an option for employers to implement a Calamity Work Contingency Plan 
in lieu of the mandated additional compensation. This mechanism allows employers 
to offer non-monetary forms of support—such as company-provided transportation.


food, temporary shelter, and occupational safety measures—during declared 
calamities, particularly in situations where mobility is severely restricted or monetary 
reimbursement may be impractical. However, to prevent abuse and ensure fairness, 
any contingency plan must meet minimum standards, be approved by the Department 
of Labor and Employment (DOLE), and secure the concurrence of the recognized 
employee union or workers' representatives, if applicable. This ensures that worker 
protection remains paramount while granting employers operational flexibility to 
respond to emergencies in a manner suited to their context and capacities.
Despite the upfront costs, we hope employers also see the wisdom in this 
measure. This measure benefits, in the long term, employers by boosting worker 
morale, ensuring workforce availability, and allowing businesses, as circumstances 
may require, to protect goods, minimize wastage, gather vital information, and 
maintain operations when demand for essential goods and services is high. By 
establishing a clear and standardized framework for additional compensation, the Act 
prevents disputes, allows financial planning for disaster response, strengthens 
employer-employee relations, and supports business continuity and long-term 
financial stability.
As the Philippines continues to navigate the complexities of its natural 
landscape, this legislative measure stands as a testament to the nation's commitment 
to its workers. By ensuring fair compensation for those who sustain essential services 
during calamities, this measure strengthens not just labor rights but also public service 
and economic stability in times of crisis.
In view of the foregoing, the urgent passage of this bill is sought.
LOREN LEGARDA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
r* n
S. No.
— ■V ^
of
25 JUL 14 AH 47
RECEIVED GY:
Introduced by Senator Loren Legarda
AN ACT
MANDATING THE GRANT OF ADDITIONAL COMPENSATION TO PRIVATE 
SECTOR EMPLOYEES WHO ARE REQUIRED TO REPORT FOR WORK DURING 
DECLARED CALAMITIES AND EMERGENCY ALERTS, ESTABLISHING 
IMPLEMENTING MECHANISMS THEREFOR, AND IMPOSING PENALTIES FOR 
NON-COMPLIANCE
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Calamity Work
1 Compensation Act."
3 
Sec. 2. Declaration of Policy. — It is hereby declared the policy of the State to
4 
protect the welfare of workers by ensuring that employees required to work during
5 
calamities and emergency situations receive fair and just compensation. The State
6 
recognizes that while most businesses suspend operations during calamities, certain
7 
industries—such as transportation, food supply, medicine, media, medical and health
8 
services, and utilities—must continue operating to serve public needs. Moreover, some
9 
businesses may require continued operations to meet production requirements or to
10 
secure equipment, machinery, and supplies from damage or wastage. The continued
11 
operation of these businesses during extraordinary circumstances, while private in
12 
nature, serves a vital public function. In such instances, employees required to report
13 
for work shall be adequately compensated for the additional burdens they bear,
14 
including but not limited to limited access to transportation, increased commuting
15 
costs, restricted food availability, and heightened safety risks. The additional


1 
compensation provided under this Act shall not be considered hazard pay nor serve
2 
as a substitute for hazard pay or any other legally mandated benefits. Furthermore,
3 
this Act does not encourage workers to expose themselves to risk during calamities
4 
but merely ensures that they are reimbursed for the increased costs of reporting to
5 
work when their presence is required and that their contribution to public service is
6 
recognized.
7 
Sec. 3. Coverage. —This Act shall apply to all private sector employees in the
8 
Philippines, regardless of employment status or nature of employment, except those
9 
not classified as employees under Presidential Decree No. 442, as amended, otherwise
10 
known as the Labor Code of the Philippines. This shall include regular, probationary,
11 
project-based, seasonal, and contractual employees, provided that an employer-
12 
employee relationship exists in accordance with applicable labor laws.
13 
Sec. 4. Additional Compensation. — The entitlement to the additional
14 
compensation shall be governed by the following principles:
15 
(a) Entitlement to Additional Compensation. — Employees who are required
16 
to report for work or perform duties during any period in which their
17 
province, city, or municipality is under Typhoon Signal No. 3, No. 4, or
18 
No. 5, or an equivalent level of calamity as determined in the
19 
Implementing Rules and Regulations (IRR) of this Act, shall be entitled
20 
to receive an additional thirty percent (30%) of their daily wage. This
21 
additional compensation is intended to reimburse employees for the
22 
extraordinary costs and difficulties incurred in reporting for work during
23 
a calamity, including but not limited to increased transportation
24 
expenses, limited access to food and necessities, and heightened risks
25 
to personal safety.
26 
(b) Distinction from Hazard Pay and Other Benefits. — The additional
27 
compensation provided under this Act shall not be considered as hazard
28 
pay nor be used to offset or replace any existing hazard pay, emergency
29 
allowances, or other benefits that an employee is entitled to under
30 
company policies, collective bargaining agreements, or existing labor
31 
laws.


1 
(c) Prohibition on Compensation Adjustments. — Employers shall not
2 
reduce, restructure, or withhold existing salaries, bonuses, allowances,
3 
or other forms of compensation to offset the additional pay required
4 
under this Act. Any such attempt shall be deemed a violation subject to
5 
penalties under Section 7.
6 
(d) Computation of Overtime, Night Differential, and Holiday Pay. — The
7 
additional compensation granted under this Act shall be included in the
8 
computation of an employee's overtime pay, night shift differential, and
9 
holiday pay when applicable.
10 
Sec. 5. Conditions for Application. —The additional wage compensation shall
11 
apply only to employees who shall physically report to their work location or who are
12 
specifically assigned work during the declared calamity or emergency period.
13 
Employees whose work can be performed remotely during a declared calamity shall
14 
not be entitled to the additional compensation under this Act unless they are explicitly
15 
required to perform on-site duties.
16 
Sec. 6. Classification of Other Calamities and Implementing Guidelines. — For
17 
calamities and emergency situations other than typhoons, the Department of Labor
18 
and Employment (DOLE), in consultation with the National Disaster Risk Reduction
19 
and Management Council (NDRRMC), shall establish a Category Level Assessment
20 
System to determine the severity of a calamity, required conditions, and the
21 
corresponding applicability of the additional compensation under this Act.
22 
The NDRRMC shall provide technical input, including hazard assessments and
23 
situational bulletins, to support DOLE in classifying calamities based on their impact
24 
on safety, mobility, and economic activity.
25 
Within sixty (60) working days from the effectivity of this Act, the DOLE and
26 
NDRRMC shall issue guidelines classifying calamities into specific categories based on
27 
their impact on mobility, safety, and economic activities. The assessment shall
28 
consider factors such as disruption of public transportation and mobility, availability
29 
and accessibility of essential services, safety risks for employees commuting or
30 
reporting to work, and government-imposed emergency measures or restrictions
31 
among others.


1 
Only calamities classified under the prescribed category levels shall warrant the
2 
mandatory provision of the additional compensation under this Act. The DOLE shall
3 
regularly review and update the classification system in response to emerging disaster
4 
risks and patterns.
5 
In the formulation of guidelines, DOLE and NDRRMC shall conduct public
6 
consultations with affected stakeholders, including labor organizations, employer
7 
groups, and local government units, to ensure equitable and practicable
8 
implementation.
9 
Sec. 7. Employer-Provided Action Plan as an Alternative to Calamity Work
10 
Compensation. — DOLE, shall establish guidelines and criteria under which employers
11 
may implement a Calamity Work Contingency Plan in lieu of the mandatory monetary
12 
compensation provided under this Act.
13 
To be considered a valid alternative, the contingency plan must meet the
14 
following minimum criteria to ensure employee safety, welfare, and operational
15 
continuity during declared calamities:
16 
(a) Ensuring Safe and Accessible Transportation: Employers may provide or
17 
coordinate safe and reasonable transportation options for employees
18 
reporting during calamities at no cost. This may include company-
19 
arranged shuttle services, partnerships with transport providers,
20 
transport allowances, or other viable means suited to the circumstances;
21 
(b) Provision of Basic Necessities: Employees on duty during calamities
22 
should have reasonable access to food, clean drinking water, and other
23 
essential provisions as appropriate to the situation;
24 
(c) Emergency Housing or Shelter, if Necessary: In situations where
25 
returning home poses significant risks, employers may arrange for
26 
temporary accommodations or safe shelter options for affected
27 
employees. Arrangements should be reasonable, safe, and compliant
28 
with basic health and safety standards;
29 
(d) Workplace Safety and Welfare Measures: Employers should take
30 
reasonable steps to ensure that workplaces remain safe and operational
31 
despite the prevailing conditions. This includes basic occupational safety


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and health (OSH) measures, contingency planning, and risk mitigation 
strategies relevant to the calamity; and 
(e) Protection of Salaries and Benefits: Any alternative compensation 
program must not result in a reduction of existing salaries, benefits, or 
allowances. Employers must ensure that employees retain access to all 
legally mandated benefits, including those covered by collective 
bargaining agreements or employment contracts.
No Calamity Work Contingency Plan shall be implemented in workplaces with 
existing employee unions or collective bargaining units without their prior concurrence 
through appropriate consultation or agreement procedures. In such a case, the 
compensation as stated in this Act shall govern. Employers seeking to implement 
alternative measures must secure prior approval from DOLE, ensuring compliance with 
the general principles of employee protection and fair compensation under this Act.
Sec. 8. Appropriations. — The amount necessary for the effective 
implementation of this Act by the DOLE, including the formulation of implementing 
guidelines, monitoring, capacity-building, and stakeholder consultations, shall be 
charged against the current appropriations of the Department. Thereafter, such sums 
as may be necessary shall be included in the annual General Appropriations Act.
Sec. 9. Penalties. — Any employer who violates the provisions of this Act, 
including failure to provide the required additional wage compensation to their 
employees or failure to comply with a valid Calamity Work Contingency Plan, shall be 
subject to penalties as prescribed under the Labor Code of the Philippines and other 
applicable laws, including fines, suspension of business operations, or revocation of 
business permits.
Sec. 10. Repealing Clause. — All laws, decrees, orders, rules, and regulations, 
or parts thereof, which are inconsistent with the provisions of this Act are hereby 
repealed, amended, or modified accordingly.
Sec. 11. Effectivity. — This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.
Approved,