In all this, it is undeniable that private sector employers also have an important role to play in the implementation of the national Covid-19 vaccination programme. While it is understandable that the programme is in everyone`s interest in the fight against the Covid-19 pandemic, employers are reminded to abide by the cardinal rules discussed above, particularly with regard to restrictions regarding workers` rights regarding the delivery of vaccines in the workplace. Ultimately, with the cooperation of employers and compliance with existing laws governing the purchase and administration of Covid-19 vaccines, hopefully the country will soon be able to achieve herd immunity and see the end of this unique pandemic. In this context, the national government recently passed Republic Act No. 11525 (RA 11525) or the Covid-19 Vaccination Program Act to establish general guidelines for employers who intend to purchase and administer their own vaccines to their employees. Under RA 11525, an employer may only purchase Covid-19 vaccines registered with the Food and Drug Administration (FDA) or with an Emergency Use Authorization (EUA) and only through a multiparty agreement covering (a) the designated employer, (b) the Department of Health and Human Services (DOH), and (c) the relevant supplier of the Covid-19 vaccine. Republic Act No. 11525 authorizes the national and local governments to make a negotiated purchase of COVID-19 vaccines. The regulation is intended to provide the implementing regulations (IRRs) of the COVID-19 Vaccination Program Act, 2021. At the other end of the spectrum, the relevant regulations also grant workers certain rights with respect to the administration of Covid-19 vaccines in the workplace. In accordance with Republic Act 11525, the employer representative who procures and administers Covid-19 vaccines is immune from prosecution and liability with respect to all claims arising out of, related to, or resulting from the administration or use of Covid-19 vaccines, except those based on intent and gross negligence.
With the recent passage of Republic Act (RA) No. 11525 or the COVID-19 Vaccination Program Act of 2021, which aims to expedite the procurement and administration of coronavirus disease 2019 (COVID-19) vaccines, the GPPB has issued Circular No. 02-2021 to ensure that procuring entities are properly managed when procuring COVID-19 vaccines and their ancillary supplies and services or other goods and services necessary for the storage, transport, use and management of COVID-19 vaccines (“ancillary supplies and services” for brevity). A copy of the circular can be obtained via this link: GUIDELINES FOR THE PURCHASE OF COVID-19 VACCINES AND THEIR ANCILLARY SUPPLIES AND SERVICES OR OTHER GOODS AND SERVICES REQUIRED UNDER R.A. NO. 11525 OR THE COVID-19 VACCINATION PROGRAM ACT, 2021 In recognition of the experimental nature of commercially available Covid-19 vaccines, RA 11525 also established the National Covid-19 Vaccine Compensation Fund. managed by the Philippine Health Insurance Corporation (PhilHealth) as a trust fund to offset serious side effects arising from the use of Covid-19 vaccines. In this context, RA 11525 ordered an increase in PhilHealth`s funding for this purpose in the amount of Php 500 million. RA 11525 also sets specific restrictions on the use and administration of Covid-19 vaccines purchased by employers. First and foremost, employers are prohibited from selling purchased vaccines. These vaccines are only approved for use by purchasing employers, who are then required to ensure that priority vaccination benefits health care workers, seniors, economic frontline workers and key workers. However, in order to speed up the vaccination process and avoid deterioration of vaccines, employers are allowed to draw up their own list of vaccine beneficiaries in accordance with the relevant regulations.
Employers can also make arrangements with their employees to designate others as vaccinated individuals at their own expense. In the interest of transparency and accountability, Republic No. 11525 required all government agencies, the Philippine Red Cross and private entities to publish the following information on the GPPB online portal: (i) agency or company budget; (ii) the name of the vaccine; (iii) the name of the supplier, manufacturer, distributor or service provider; (iv) the value of the contract at the time of award; and (v) the amount and reasons for the advance payment. Similarly, employers cannot require their employees to disclose their vaccination status, as this status is considered sensitive personal data. This means that the employer can only effectively obtain the vaccination status of its employees if this is permitted with their individual consent or otherwise by our Privacy Policy. Notably, there is currently no law, rule and regulation that explicitly requires workers to disclose their Covid-19 vaccination status to their respective employers. Please log in or create an account to join the conversation. As part of its Covid-19 pandemic response plan, the national government has consistently maintained its position of ensuring vaccination of at least seventy percent (70%) of the local population in the near future.
To achieve its national vaccination target, the national government continues to stress the need for a whole-of-society approach, in which private sector employers and other local private organizations work closely with the government to achieve a coherent and coordinated Covid-19 vaccination program. It should also be noted that all public institutions may make advance payments for the purchase of COVID-19 vaccines and their ancillary services if requested by the supplier, manufacturer, distributor or service provider. To complement the national government`s efforts, employers were asked to implement a Covid-19 vaccination policy in the workplace. In particular, private employers have the privilege of procuring their own vaccines and vaccinating their employees, or simply relying on government programs to purchase and administer vaccines to their employees. In the first case, however, employers are not allowed to pass on the corresponding costs to their employees. First of all, employees should not be required to be vaccinated against Covid-19. At most, their respective employers can encourage them to get vaccinated. Employees who refuse or are not vaccinated should not be discriminated against or fired. The implementation of a “no vaccine, no work” policy is also strictly prohibited. In particular, the GPPB followed the procedure laid down in Article 53(b) of Republic No. B. 9184 and section 53.2 of its revised 2016 Rules and Regulations for the procurement of COVID-19 vaccines under current industry practices.
Most importantly, the GPPB ensured that the procurement process was aligned with the Philippine national COVID-19 vaccine rollout and vaccination plan to ensure transparent and effective implementation. To this end, the MPPPB online portal has been adapted to the above publication requirements. Prior to publication on the DGPPG online portal, financial institutions, the PRC and private entities shall designate their principal and alternate officers who will be granted access to the portal to comply with the publication of the online portal.