An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees. (Art. 284, LC)
Requisites for termination on the ground of disease.
- The employee suffers from a disease;
- His continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees; and
- The disease is of such nature and at such a stage that it cannot be cured within a period of six months even with proper medical treatment. (Sec. 8, Title I, Bk. VI, IRR)
Certification from public health authority required
Certification by competent public health authority that the disease is of such nature and of at such a stage that it cannot be cured within a period of six months even with proper medical treatment.
Right to reinstatement if disease is curable with six months
If the disease or ailment can be cured within six months, the employer shall not terminate the employee but shall ask the employee to take a leave of absence.
The employee is entitled to be reinstated to his former position immediately upon the restoration of his normal health. (ibid.)
Disability distinguished from Disease
Disability should not be confused with disease. Disability itself, even if permanent, is not a ground for termination. The Magna Carta for Disabled Persons prohibits the termination of a disabled employee based on disability alone. This constitutes act of discrimination, a criminal offense for which fine and/or imprisonment may be imposed. (Magna Carta for Disabled Persons)
Cases
- The requirement for a medical certificate under Article 284 of the Labor Code cannot be dispensed with; otherwise, it would sanction the unilateral and arbitrary determination by the employer of the gravity or extent of the employee’s illness and thus defeat the public policy in the protection of labor. (Sy vs. Court of Appeals, G.R. No. 142293 February 27, 2003)
Last Edited: Tuesday, September 6, 2011
January 21st, 2012 at 07:55 pm
In what case dengue can be considered a reason in disengaging an employee?
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May Santos Reply:
March 14th, 2012 at 4:47 pm
Just from me, dengue should not be a reason for disengagement of an employee since the law said, the disease should not be curable within 60 days… just my 10cents sharing.
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April 26th, 2012 at 11:10 am
I had been on an indefinite leave without pay since April 0f 2012 due to a heart ailment and was advise to undergo angiography before they admit me for the resumption of work but due to financial constraint I was not able to do the said laboratory test up to the present, lately I was advise by my employer to tender my resignation or they will be forced to terminate me. Is it legit to terminate me? or is it favorable to tender my resignation with a promise of beneficial separation pay.
Please advise for a proper move, thank you and God bless!!!
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April 26th, 2012 at 01:14 pm
correction on the specified date regarding my question, it is April of 2011 and not 2012. Thanks
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April 26th, 2012 at 01:23 pm
correction for the specified date regarding my inquiry, it’s not 2012 of April but 2011. Thanks
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June 6th, 2012 at 05:21 pm
I just want to ask if I am still bound to comply with the company’s policy regarding resignation with 30 days notice if I do not have a contract with the company I am working for or can I file a resignation with a very short notice. Is a letter of intent may be considered as a contract? Is it legal for a company to charge an employee if he/she fails to render 30 days prior to the date of resignation? Hope you can enlighten me on the above queries asap. Thanks!
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June 22nd, 2012 at 09:33 pm
I worked for a company for a year and had to file for immediate resignation after being diagnosed with high blood. I am only 28 and was advised by the doctor it was due to stress and that I was too young to have this disease. I rendered only 1 week after I submitted my resignation letter. Provided medical documentations prior to me leaving the company. Would I be able to receive separation pay and 14th month? Resigned February and 14th month is given April. Thank you.
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November 27th, 2012 at 08:35 pm
If the employer found out that its employee is HIV+, is this a valid ground to terminate the employee?
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