The Department of Health said the mandatory COVID-19 vaccination of on-site workers starting next month is not yet supported by any law so far.
On Friday, presidential spokesperson Harry Roque said that the COVID-19 vaccination of on-sites is “required” to work in areas with adequate vaccine supply starting December 1.
“It will depend if we have a law to support that. So ‘yun naman po, nakapagbigay na ng posisyon ang ating Department of Justice na kailangan ng batas para tayo ay magkaroon ng mga ganitong klaseng mandates,” said Health Undersecretary Maria Rosario Vergeire.
“May specific sectors na susuportahan ng [DOH], pero ‘yang suporta namin kailangan may basehan din po kami ng batas. Kaya antayin po natin ang [DOJ] to give their statement on this.”
“At unang-una po riyan ang mga healthcare workers na kailangan po maging obligasyon natin at responsibilidad na magpabakuna tayo para maproteksyunan ang ating sarili and of course to protect also your patients.”
The Department of Health had earlier said it would support mandatory COVID-19 vaccination for “specific sectors” such as those vulnerable to the virus and some working people, but said it should first pass a law for it.
It was only in September that Justice Secretary Menardo Guevarra made it clear that there could not be mandatory COVID-19 vaccinations unless there was legislation to support it to impose penalties on those who do not comply. This is even though President Rodrigo Duterte has “police power”.
DOH question’s mandatory vaccination of on-site workers
Despite this, even without the law, the DOJ said that local government units can pass their own ordinances to have mandatory COVID-19 vaccinations especially since they have their own legislative organs and police power.
Although Malacañang said earlier that they will make COVID-19 vaccination mandatory for those reported on-site at work in the vaccinated area, employees who have not been vaccinated cannot be fired.
However, they will be required to undergo regular RT-PCR or antigen testing at their own expense.
He also said that all eligible workers in the public transportation services (road, rail, martime and aviation sectors) will be fully vaccinated as a condition to continue operations.
People who remain unvaccinated or partially vaccinated even if they are eligible for the jab can be barred from entering public and private establishments or providing services.
For those who are ineligible for the vaccine, the said employees will only need to obtain a medical clearance issued by the government health office. The birth certificate can also be used.
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