Authorizing the Grant of Hazard Pay to Government Personnel Who Physically Report for Work during ECQ and MECQ, Amending AO No. 26 (s. 2020)

June 1, 2021

ADMINISTRATIVE ORDER NO. 43

AUTHORIZING THE GRANT OF HAZARD PAY TO GOVERNMENT PERSONNEL WHO PHYSICALLY REPORT FOR WORK DURING THE PERIOD OF IMPLEMENTATION OF AN ENHANCED COMMUNITY QUARANTINE AND A MODIFIED ENHANCED COMMUNITY QUARANTINE, AMENDING ADMINISTRATIVE ORDER NO. 26 (S. 2020), AND FOR OTHER PURPOSES

WHEREAS, Proclamation No. 922 (s. 2020) declared a State of Public Health Emergency in recognition of the COVID-19 public health event as a threat to national security, and prompted a whole-of-government approach in addressing the COVID-19 outbreak in the country;

WHEREAS, Proclamation No. 1021 extended the period of the State of Calamity throughout the Philippines for a period of one year, effective 12 September 2020 to 12 September 2021;

WHEREAS, pursuant to the recommendation of the Inter-Agency Task Force (IATF) for the Management of Emerging Infectious Diseases under its Resolution No. 106-A (s. 2021), the President imposed an Enhanced Community Quarantine (ECQ) in the National Capital Region and other provinces beginning 27 March 2021 until 04 April 2021, and was subsequently extended until 11 April 2021;

WHEREAS, upon the recommendation of the IATF through its Resolution No. 109-A (s. 2021), various areas in the country were placed under a Modified ECQ (MECQ);

WHEREAS, government employees occupying regular, contractual or casual positions, or those engaged through contract of service (COS), job order (JO) or other similar schemes, whose services are urgently essential and who physically report for work during the period of an ECQ and MECQ, are inevitably exposed to the risk of COVID-19 infection and other similar health dangers and hazards; and

WHEREAS, Joint Resolution No. 4 (s. 2009) authorizes the grant of Hazard Pay to government personnel exposed to hazardous situations, such as, but not limited to, disease-infested places, which pose occupational risks or perils of life;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Section 1 of Administrative Order (AO) No. 26 is hereby amended as follows:

"SECTION 1. Grant of the COVID-19 Hazard Pay. — National government agencies (NGAs) including state universities and colleges (SUCs) and government-owned or -controlled corporations (GOCCs) are authorized to grant COVID-19 Hazard Pay to personnel who physically report for work during the implementation of an Enhanced Community Quarantine and Modified Enhanced Community Quarantine in their respective work stations, in an amount not exceeding P500 per day per person x x x."

Section 2 (b) of AO No. 26 is hereby amended as follows:

"SECTION 2. Conditions on the Grant of the COVID-19 Hazard Pay. — The heads of government agencies may grant the COVID-19 Hazard Pay to their personnel without the need of further approval of the Department of Budget and Management (DBM), provided the following conditions are met:

xxx xxx xxx

b. The personnel have been authorized to physically report for work at their respective offices or work stations on the prescribed official working hours by the head of agency or office during the period of implementation of Enhanced Community Quarantine and Modified Enhanced Community Quarantine measures in the area of such office or work station; and

xxx xxx xxx."

Section 3 (b) of AO No. 26 is hereby amended as follows:

"SECTION 3. Funding Sources for COVID-19 Hazard Pay for Employees in the Executive Branch. — The funds needed for the grant of COVID-19 Hazard Pay to employees in the Executive Branch shall be charged against the following sources:

xxx xxx xxx

b. For GOCCs, the amount required shall be charged against their respective approved corporate operating budgets (COBs) for the current fiscal year. Should a GOCC have insufficient funds to fully cover the COVID-19 Hazard Pay at P500 per day per person, a lower but uniform rate may be granted for all qualified personnel."

Section 5 of AO No. 26 is hereby amended as follows:

"SECTION 5. COVID-19 Hazard Pay for Employees in the LGUs. — The grant of the COVID-19 Hazard Pay to employees in LGUs, including those in the barangays, who physically report for work as provided in Section 2(b) of this Order, shall be determined by their respective Sanggunians depending on the LGU's financial capability, at rates not exceeding P500 per day per person, subject to: (a) the PS limitation in LGU budgets under Republic Act (RA) No. 7160, and (b) the other conditions under Section 2 hereof, chargeable against the current year's local government funds. Should an LGU have insufficient funds to fully cover the COVID-19 Hazard Pay at the rate of P500 per day per person, a lower but uniform rate may be granted for all qualified personnel."

SECTION 2. Except for the foregoing amendments, all other provisions of AO No. 26 shall remain unchanged.

SECTION 3. This Order shall take effect immediately upon its publication in the Official Gazette or in a newspaper of general circulation.

DONE in the City of Manila, this 1st day of June, in the year of Our Lord, Two Thousand and Twenty-One.

Published in the Official Gazette, Vol. 117, No. 24, p. 6329 on June 14, 2021.