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AT A GLANCE:
An employer may terminate the services of an employee who has been found to have been 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. (Article 299, Labor Code)
The Labor Code authorizes an employer to terminate the services of an employee suffering from a disease, subject to certain conditions and subject to the requirement of procedural due process.
The law says:
“An employer may terminate the services of an employee who has been found to have been 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.” (Article 299, Labor Code)
The Omnibus Rules Implementing the Labor Code further provides that:
“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 a competent public health authority that the disease is of such nature or 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. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health.” (Section 8, Rule I, Book VI, Omnibus Rules Implementing the Labor Code)
In the case of Omanfil International Manpower Development Corporation v. Rolando Mesina (G.R. No. 217169, November 04, 2020), the Supreme Court declared the employer to have illegally dismissed an employee whose medical records did not show that the disease 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 the health of his co-employees. Moreover, there was no certification from a competent public authority certifying as to the employee’s health condition.
What are the requisites for a valid termination on the ground of disease?
Jurisprudence says:
“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.” (Omanfil International Manpower Development Corporation v. Rolando Mesina, G.R. No. 217169, November 04, 2020)
Read also: What are the business-related causes of termination of employment?
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