USTFU-PL-004-21-PERALTA

27 March 2021 PROF. CHERYL R. PERALTA, DrPH Vice Rector for Academic Affairs University of Santo Tomas Dear Dr. Peralta: Greetings! This is in response to your email dated 23 March 2021 to which you requested for a more detailed explanation why union funds cannot be used for the university’s vaccination program for its faculty members and support staff. Allow me to reiterate the Department of Labor and Employment (DOLE) Labor Advisory No. 3 S. 2021 that provides no distinction between vaccination and inoculation. Further, the same advisory clearly and unequivocally provided that “NO COST OF VACCINATION IN THE WORKPLACE SHALL BE CHARGED AGAINST OR PASSED ON, DIRECTLY OR INDIRECTLY, TO THE EMPLOYEES.” Clear from the foregoing, the University cannot ask the Union to subsidize the “inoculation cost of vaccination” of the faculty members and shift the burden of bearing the cost to the union members, which should rightly be assumed by the university. Further still, the DOLE did not make any distinction or classification of employees who are entitled to the aforementioned department order. It is therefore presumed that the cost of vaccination shall not be passed or charged against ALL employees in the workplace, regardless of their status or classification. Meaning that there must be no distinction between tenured, tenure-track, contractual, fixed-term, substitute, faculty on leave (with or without pay), or any other existing classification of faculty members both teaching and non-teaching – all must have the same access to the vaccines. In addition, DOLE Labor Advisory No. 18 S. 2020, or the Guidelines on the Cost of Covid-19 Prevention and Control Measures is explicit that the employer shall shoulder all cost of COVID-19 prevention and control measures, which includes vaccination (inoculation). For your reference, Section 2 thereof provides that: Section 2. Cost. – The employer shall shoulder the cost of COVID-19 prevention and control measures such as but not limited to the following: testing, disinfection, facilities, hand sanitizers, personal protective equipment ( PPEs, i.e.,   

face mask), signages, proper orientation and training of workers including IEC materials on COVID-19 prevention and control. In case of contracts for construction projects and for security, janitorial and other services, the cost of COVID-19 prevention and control measures shall be borne by the principals or clients of the construction/service contractor. Provisions of existing contracts inconsistent herewith shall be deemed amended accordingly. No cost related or incidental to COVID-19 prevention and control measures shall be charged directly or indirectly to the workers. USTFU, together with other faculty unions and associations under the Council of Teachers and Staff of Colleges and Universities of the Philippines (CoTeSCUP), met with DOLE Undersecretary Benjamin Benavides last 26 March 2021 to discuss DOLE Labor Advisory No. 3 S. 2021 and Republic Act 115252. USTFU’s present course of action is therefore justified by the aforementioned laws as discussed in the meeting. Thus, with much respect, we implore the management to find other ways to address the cost for its vaccination program as provided for by Republic Act 11525. If need be, USTFU and management may seek bilateral clarification talks with DOLE to resolve this matter. Please note, however, that while USTFU is constrained to take a different path as to what is being proposed by management, USTFU remains committed to cooperating with management as to the welfare of both the administration and faculty members alike. With respects, (Signed) ASST. PROF. EMERITO C. GONZALES President 2