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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:
“Employers shall develop appropriate policies and programs on mental health issues, correct the stigma and discrimination associated with mental health conditions, identify and provide support for individuals with mental health conditions to treatment and psychological support.” (Section 25, Chapter V, Republic Act No. 11036 or the Mental Health Act)
Commitment to the right of every Filipino to mental health and access to mental health services is the declared policy of the Mental Health Act (Republic Act No. 11036). Contained within this declared policy is to promote full participation of persons with mental health conditions at work and in the society free from discrimination.
The law says:
“The state commits itself to promoting the well-being of people by ensuring that; mental health is valued, promoted and protected; mental health conditions are treated and prevented; timely, affordable, high quality, and culturally-appropriate mental health case is made available to the public; mental health service are free from coercion and accountable to the service users; and persons affected by mental health conditions are able to exercise the full range of human rights, and participate fully in society and at work free from stigmatization and discrimination.” (Section 2, Mental Health Act)
Further, the Mental Health Act explicitly states that:
“Employers shall develop appropriate policies and programs on mental health issues, correct the stigma and discrimination associated with mental health conditions, identify and provide support for individuals with mental health conditions to treatment and psychological support.” (Section 25, Chapter V, Republic Act No. 11036 or the Mental Health Act)
Further, DOLE Department Order No. 208, series of 2020 (DOLE D.O. No. 208-20) or the Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector provides that:
“It is mandatory for all workplace and establishments to formulate a Mental Health Workplace Policy and Program, which shall include the following:
- Raise awareness, prevent stigma and discrimination, provide support to workers who are at risk and/or with mental health condition and facilitate access to medical health services;
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As such, employers in the private sector have the duty to develop and implement programs with reporting mechanisms to address and prevent problem or bullying such as cyber bullying or mobbing, verbal, sexual and physical harassment, all forms of work-related violence, threats, shaming, alienation and other forms of discrimination which may lead to mental health problem. (DOLE D.O. No. 208-20)
Employers are given a wide latitude in the creation and establishment of workplace policies prohibiting discrimination on account of mental health conditions. A good workplace policy regarding such is one where both the employer and the employees’ sectors are made to participate in its formulation and effective implementation in the workplace. This ensures that both management and the employees are well-versed and aware of such policies, thereby promoting a healthy and positive working environment.
The instituted policy against discrimination shall be properly reported, monitored and implemented by the employer in compliance with the requirement of the DOLE OSH Program pursuant to DOLE D.O. No. 208-20.
Related Article/s:
Workplace Policies for Mental Health
Implementation of Mental Health Workplace Policies and Programs for Private Sector
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