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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
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:
The month of August is declared as the annual National Lung Month by virtue of Presidential Proclamation No. 1761, series of 1978.
Presidential Proclamation No. 1761, series of 1978 recognizes that lung diseases, especially pneumonia and tuberculosis, continue to exact a huge toll of precious lives among our people, especially the low-income group. As such, the public should be made aware of this fact that it may be able to effectively fight the dreaded disease.
The Proclamation provides:
“NOW THEREFORE I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby proclaim the month of August 1978 and every year thereafter, as National Lung Month, under the auspices of the Philippine College of Chest Physicians, the International Academy of Chest Physicians and Surgeons (Philippine Chapter), the Philippine Tuberculosis Society, Inc., and its affiliate, the Quezon Institute, the Department of Health and all other involved organizations.”
In labor context, the Department of Labor and Employment mandates that employees who have had lung diseases such as tuberculosis shall not be discriminated against. There shall be no discrimination of any form against employees from pre- to post-employment, including hiring, promotion, or assignment, on account of their disease.
DOLE Department Order No. 73, Series of 2005 provides for the Guidelines for The Implementation of Policy and Program On Tuberculosis (TB) Prevention And Control The Workplace.
The Department Order provides that:
“Non-discrimination
Workers who have had TB shall not be discriminated against. Instead, he shall be supported with adequate diagnosis and treatment, and shall be entitled to work for as long as they are certified by the company’s accredited health provider as medically fit and shall be restored to work as soon as their illness is controlled.” (Section 4.1, DOLE D.O. No. 73, s. 2005)
Moreover, through agreements made between the management and workers, work accommodation measures to accommodate and support workers with TB is encouraged through flexible leave arrangements, rescheduling of working times, and arrangements for return to work. (Section 4.2, DOLE D.O. No. 73, s. 2005)
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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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