Sotto bill shields employers from Covid-19 claims suits

SENATORS are on track to open hearings on a bill filed by Senate President Vicente Sotto III shielding employers from potential lawsuits by workers saying they were afflicted with Covid-19 in the workplace, as soon as Congress reconvenes its regular session next week.

Sotto, however, hastened to clarify that his Senate Bill 1515 is “not an absolute blanket shield from any liability of the employer” as it will not cover acts that constitute the commission of a crime.

To be known as “Employer’s Liability Protection from Covid-19 Act,” Sotto said the remedial legislation was filed to address the need to “boost the reopening of the economy.” It mirrors a similar concern raised by businessmen in America, but the head of the Labor committee, Sen. Joel Villanueva, had earlier told the Businessmirror an immunity shield such as that proposed in the US is not needed locally, because there is an occupational safety law in place.

The Senate leader noted that employers and private establishment owners are apparently aware of the risks their returning employees will face in the workplace, as well as their responsibilities to their workers as employers.

In filing Senate Bill 1515, Sotto affirmed the need to protect private establishments and their owners from lawsuits and claims of their employees who may have contracted the Covid-19 virus in the workplace or in the performance of their work.

He added that small- and mid-size enterprises (SMES) will “greatly benefit in this law.”

Once enacted into law, the remedial legislation will “prevent the further depletion of their already exhausted resources in defending themselves against labor lawsuits in relation to Covid-19 infection of their workers.”

Sotto said that SB 1515 is in line with the Duterte government’s policy to encourage private enterprises and support businesses, especially during the coronavirus outbreak, and to reinvigorate employment and spending.

As provided in the Sotto bill, no private establishments authorized by the government to operate during Covid-19 outbreak shall be liable for any claims made by employees by reason of getting infected while working. Sotto added that the liability protection shall extend not only to the registered owner or owners but even the officers of the private establishment.

But in order to ensure that the measure is applicable to them, the Senate President reminded employers must “observe relevant laws and mandated community safety protocols” issued by the government on the prevention, spread and management of Covid-19.