Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
The employer may enforce the “no work, no pay” rule and deduct from the employee’s salary any days of unauthorised absence. In the case of repeated unauthorised absences, the employer may impose disciplinary action in accordance with company policies.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
The employer may conduct an investigation, as the conduct may amount to serious misconduct. Following due process (twin notice and hearing), the employer may impose appropriate disciplinary action, which may include termination.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
Yes, but alcohol testing must be administered consistently to all employees under similar circumstances and carried out in full compliance with privacy and data protection requirements. This includes informing employees that the test results will be used solely for: (i) the declared and specific purpose; (ii) the defined extent of processing; and (iii) purposes for which the employer can demonstrate the adequacy, relevance, and necessity of the personal data collected.
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
The employer may adjust work schedules as part of its management prerogative, provided that (i) minimum labour standards are preserved and (ii) contractual obligations, such as those in Collective Bargaining Agreements, are respected.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
The employer may monitor and regulate the use of the company ’s IT system s in accordance with established company policies. The misuse of IT resources during work hours may warrant disciplinary action.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
For company-organised events, misconduct may be disciplined in accordance with company policies. For private events, disciplinary action is justified only when the employee’s conduct has a clear and direct impact on their job functions.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
If the day is declared a special non-working holiday, employees who report to work are generally entitled to 130 % of their daily rate for the first eight hours. Work performed beyond eight hours is subject to the applicable overtime premium, which is at least 30% of the hourly rate for that day. Time off in lieu of overtime pay is not allowed under Philippine law.
3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
This activity may be considered illegal gambling and could subject the employees involved to disciplinary action in accordance with company policies, which may include termination.
4 May employers prohibit public displays of rival country team colours in the workplace?
An employer may regulate an employee’s attire in accordance with company policies, but generally may not prohibit the public display of personal expressions. However, such expressions must not disrupt the workplace or create a hostile working environment.
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
Not likely, especially if the benefit will be extended to all employees. We note, however, that Philippine law prohibits unequal treatment on the basis of gender or ethnicity, and selective accommodations could be construed as discriminatory.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Employers should remind employees of company policies that may become relevant in view of the upcoming World Cup and ensure that these policies remain compliant with applicable labour standards.