The Employees’ Compensation Commission reiterates the provisions of BOARD RESOLUTION NO. 23-05-12 or the rule prescribing a new EC logbook template to facilitate the imposition of penalty for failure of the employer to record in the logbook an actual sickness, injury or death of his/her employees within the prescribed period.

Under Article 211 of Presidential Decree 626, all employers are mandated to keep a logbook to record chronologically the sickness, injury or death of their employees, setting forth therein their names, dates and places of the contingency, nature of the contingency and absences. Entries in the logbook shall be made within five days from notice or knowledge of the occurrence of the contingency. Within five days after entry in the logbook, the employer shall report to the System only those contingencies he deems to be work-connected.

The same law provides that if any employer fails to record in the logbook an actual sickness, injury or death of any of his employees within the period prescribed therein, give false information or withhold material information already in his possession, he shall be liable for fifty percent (50%) of the lump sum equivalent of the income benefit to which the employee may be found to be entitled, the payment of which shall accrue to the State Insurance Fund.

Thus, with the approval of the said board resolution, all employers are thereby enjoined to follow the prescribed EC logbook template which must provide the following information: 1.) Name of Employee, 2.) Date of Contingency, 3.) Place of Contingency, 4.) Nature of Contingency, 5.) The Number of days that the employee was absent from work, 6.) Date of entry in the EC logbook, and 7.) Date of notification to the employer by the employee or his/her dependents or anybody on his/her behalf, when the contingency is not known to the employer, his/her agents or representatives.

This comes with the stiff reminder that should there be any failure upon the employer to maintain the same may result in penalties equivalent to fifty percent (50%) of the amount of benefits accruing to the worker or his or her beneficiaries and or a fine ranging from P500-P5000 and imprisonment ranging from six months to one year.

However, notwithstanding the absence of the EC Logbook, the employee who suffered from work-related contingencies may continue to receive the benefits under the EC Program. As the maintenance of the EC logbook is the responsibility of the employer, the absence of which will not deprive the worker of his or her benefits under the EC Program.

“The ECC continues to remind all employers of their obligations under Labor Laws and Social Legislation, including the ECP. Under existing laws, the employer is mandated to submit the necessary sickness notification, with the EC logbook, through the Social Security System Employer’s portal for private sector employees,” Executive Director Kaima Via B. Velasquez said.

“We want to emphasize among our employers to comply with these regulations to avoid penalties. Should they need any assistance with regard to the format of the EC Logbook, the ECC has set up several mechanisms to which the employers may easily reach us. A sample of the New EC Logbook template is available in our official website through https://ecc.gov.ph, or they may join us during our online public assistance or O-PA every Tuesday through zoom, they may also email us at info.ecc.gov.ph, or they may coordinate or visit any ECC office near them for concerns regarding the ECP,” Director Velasquez added.

End

 

Atty. M. Basal – REU 8