By The Department of Labor and Employment is developing labor advisories and pushing flexible working policies to protect workers, especially platform-based delivery riders, from extreme heat linked to El Niño, according to PAGEONE. DOLE met with employers, workers groups, PAGASA, and construction companies to finalize heat protection guidelines.
Labor Secretary Francis Tolentino said DOLE is appealing to employers to excuse workers from reporting when the heat index reaches 42°C or the “extreme caution” level, and to cancel work if the heat index reaches 52°C, News 5 reported. DOLE is also urging platform companies to relax penalties for delivery riders who cannot deliver on time due to extreme heat. The strong El Niño is forecast to begin in November and continue until the first half of 2027, peaking before the end of 2026.
What the policy covers in practice
The proposed labor advisory targets a specific gap in Philippine workplace regulation. Delivery riders working through apps such as Grab, Lalamove, Foodpanda, Angkas, and JoyRide are typically classified as independent contractors, not employees. That classification has historically placed them outside the direct reach of many DOLE labor standards orders. DOLE Cavite Provincial Office Director Marivic Martinez said the discussions aim to encourage companies to relax their policies, especially penalties when drivers cannot deliver on time to their platform companies.
The practical effect would be a shift in how platform algorithms treat late deliveries during extreme heat events. Instead of automatic penalties, deactivation threats, or reduced incentives when a rider slows down or pauses during peak heat hours, platforms would need to build allowances into their systems. DOLE is set to meet with platform workers to generate input on the proposed labor advisory, and Secretary Tolentino is scheduled to meet with platform company owners and delivery rider organizations.
How the heat index triggers work changes
The thresholds DOLE cited come from PAGASA heat index categories. A heat index of 42°C falls within the “danger” category, where heat cramps and heat exhaustion are likely and heat stroke is possible with continued exposure. At 52°C, the risk moves into “extreme danger,” where heat stroke is imminent.
The two-tier approach creates different obligations. At 42°C, workers may be excused from reporting, but work does not automatically stop. At 52°C, DOLE is asking employers to cancel work entirely. Between those levels, the flexible arrangements matter most: adjusted delivery windows, rest breaks, hydration access, and reduced quotas during the hottest hours.
The Trade Union Congress of the Philippines has called on DOLE to issue a department order allowing paid heat breaks. TUCP Spokesperson Carlos Oñate said employers should not be so frugal that they lose a day of work, noting it is better to lose one day of work than to lose the life of an employee.
What HR and payroll teams should prepare
For employers with delivery operations or field staff, the advisory creates immediate compliance questions. Republic Act No. 11058, the Occupational Safety and Health Standards Law, already requires employers to protect workers from safety and health hazards. Heat stress falls within that framework, but the new advisory would make the obligations more specific.
Payroll teams need to decide how to handle heat-related absences. If a worker is excused from reporting at 42°C, is the day paid or unpaid? DOLE has not yet specified pay protection in the sources available. The TUCP position favors paid breaks, but no final department order has been issued. Employers should monitor whether the final advisory includes pay requirements or leaves compensation to company policy.
HR teams should also review attendance policies. Secretary Tolentino said workers who report late due to extreme heat should not be considered tardy. That requires a documented exception process, clear communication to supervisors, and consistent application across teams.
Practical steps for employers and riders
Employers should start by mapping which roles involve outdoor exposure and identifying the heat index levels that trigger changes. A simple table can help:
| Heat index | DOLE position | Recommended action |
|---|---|---|
| 42°C | Excuse workers from reporting | Allow absence or remote work where possible |
| 42-51°C | Flexible arrangements | Adjusted hours, rest breaks, hydration, reduced quotas |
| 52°C | Cancel work | Stop outdoor operations, communicate clearly |
Riders who face penalties for heat-related delays should document the conditions, including PAGASA heat index readings for their area and time of day. DOLE regional offices handle complaints, and the department has indicated it will engage platform companies directly. The advisory is still being finalized, so riders should watch for the official issuance and any department order that follows.
The El Niño period runs from November 2026 through the first half of 2027, which means these policies will need to remain in place across multiple seasons. Employers that treat this as a one-time adjustment rather than a standing heat-safety protocol will likely face repeat compliance issues as temperatures rise.
Sources: Philippine Information Agency, PAGEONE, News 5
Photo: 2008 Moto Morini Corsaro 1200 by 70_musclecar_RT+6, CC BY-SA 2.0
