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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
For a dismissal on the ground of disease to be considered valid, two requisites must concur: (a) the employee suffers from a disease which cannot be cured within six months and his/her continued employment is prohibited by law or prejudicial to his/her health or to the health of his/her co-employees, and (b) a certification to that effect must be issued by a competent public health authority.
Termination of employment due to illness is a complex and sensitive issue that touches on legal, ethical, and personal dimensions. It involves navigating the balance between an employer’s need to maintain operational efficiency and the rights of employees who may face health challenges.
An employer may terminate an employee’s employment on the ground of a disease, as provided under Article 284 of the Labor Code:
ARTICLE 299. Disease as Ground for Termination.- 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 to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
However, Section 8, Rule 1 of the Omnibus Rules Implementing the Labor Code sets out the requirements in order to validly terminate an employee on the foregoing ground, to wit:
SECTION 8. Disease as a ground for dismissal. — Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment unless there is a certification by competent public health authority that the disease is of such nature of at such a stage that it cannot be cured within a period of six (6) months even with proper medical treatment. If the disease or ailment can be cured within the period, the employer shall not terminate the employee but shall ask the employee to take a leave of absence. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health.
In the case of Omanfil International Manpower Development Corporation v. Modh Al-Zoabi Technical Projects Corp. (G.R. No. 217169, November 04, 2020), the Court held:
In a bundle of cases, We have held that for a dismissal on the ground of disease to be considered valid, two requisites must concur: (a) the employee suffers from a disease which cannot be cured within six months and his/her continued employment is prohibited by law or prejudicial to his/her health or to the health of his/her co-employees, and (b) a certification to that effect must be issued by a competent public health authority.
In the instant case, petitioners did not comply with the foregoing requirements to justify Mesina’s termination on the ground of a disease.ℒαwρhi৷ We note that MAZCO repatriated Mesina to the Philippines without any showing that he had a prolonged and permanent disease. Furthermore, Mesina’s Medical Reports established that he was first confined on February 11, 2006 due to acute retrostemal chest pain and upon his discharge on February 14, 2006, he was “in good general condition with an advice to [undergo] a percutaneous coronary intervention (PCI) for further evaluation and management”. Similarly, during his second confinement on February 18, 2006 due to left sided precordial pain on his left shoulder and forearm, his February 20, 2006 Medical Report indicated that “[t]he patient was admitted in the hospital under observation with follow up ECG & cardiac enzymes. ECG showed no new changes. The cardiac enzymes were within normal range. He was given a strong analgesic & the specific treatment & was discharged on 19.02.06 with an advice for urgent PCI for more evaluation. . . ,”
Thus, when Mesina was repatriated on February 21, 2006, none of his medical records showed that his ailment was permanent or that he suffered from a disease which could not be cured within six months and that his continued employment was prohibited by law or prejudicial to his health or to the health of his co-employees. This is validated by the absence of the required Certification from a competent public authority certifying to such a health condition on his part.
The CA therefore properly held that petitioners failed to comply with the provisions of Mesina’s Employment Agreement/Contract, and with the provisions of Article 284 of the Labor Code and Section 8, Rule I of the Omnibus Rules Implementing the Labor Code. Had they done so, Mesina’s Ischaemic Heart Disease could have been considered as an authorized cause for his dismissal.
Indeed, termination of employment due to illness is a multifaceted issue involving legal, ethical, and practical considerations. Employers must navigate complex legal requirements, including anti-discrimination laws and leave regulations, while addressing ethical concerns about fairness and accommodation. Balancing the needs of the organization with the rights and well-being of employees requires careful decision-making and adherence to best practices. By understanding these dynamics, employers can better manage the challenges associated with illness-related terminations and foster a more supportive and equitable workplace environment.
RELATED ARTICLES:
https://www.alburolaw.com/employment-status-of-persons-with-disability-pwd/
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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