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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:
There shall be no discrimination of any form against workers on the basis of Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).
Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion or assignment, because of their Hepatitis B status.
(Source: Rule III, Section C, par. 1 (a), DOLE Department Advisory No. 05, Series of 2010)
Under DOLE Department Order No. 05, series of 2010, it is mandatory for all private workplaces to have a policy on Hepatitis B and to implement a workplace program. Such policy may be separate from or integrated into existing occupational safety and health policy and program of the establishment. (Rule II, Section A, DOLE D.O. No. 05, s. 2010)
The workplace policy and program on Hepatitis B shall cover all workers regardless of their employment status and shall include among others, provisions based on the following: advocacy, information and training; preventive strategies; screening, diagnosis, treatment and referral to health care services; benefits and compensation; and social policy on confidentiality, work accommodations and arrangements, and non-discriminatory policies and practices.
In formulating workplace policies and programs on Hepatitis B, employers must take the following into consideration:
- A workplace policy on Hepatitis B should be rights-based, incorporating human rights standards and principles.
- There shall be collaborative efforts from management and worker representatives in the development and implementation of the workplace policy and program on Hepatitis B.
- In organized workplaces, the workplace policy and program on Hepatitis B shall be included as provisions of the Collective Bargaining Agreements or CBA.
- The DOLE, in coordination with DOH and/or partners, shall assist the workplace in the formulation and implementation of Hepatitis B Workplace Policy Program.
DOLE Department Order No. 05, series of 2010 provides that:
“There shall be no discrimination of any form against workers on the basis of their Hepatitis B status, consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).
Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion or assignment, because of their Hepatitis B status.” (Rule III, Section C, par. 1 (a), DOLE D.O. No. 05, Series of 2010)
Further, individuals found to be Hepatitis B positive shall not be declared unfit to work without appropriate medical evaluation and counseling. (Rule III, Section C, par. 1 (b), DOLE D.O. No. 05, Series of 2010)
In the same light, the Department Order makes it unlawful to terminate workers on account of actual, perceived or suspected Hepatitis B status. (Rule III, Section C, par. 1 (c), DOLE D.O. No. 05, Series of 2010)
Employers are reminded that workplace management of sick employees shall not differ from that of any other illness. Persons with Hepatitis B-related illnesses should be able to work for as long as medically fit. (Rule III, Section C, par. 1 (d), DOLE D.O. No. 05, Series of 2010)
Trivia:
Did you know that in the Philippines, the month of January of every year is declared as the “Liver Cancer and Viral Hepatitis Awareness and Prevention Month” pursuant to Republic Act No. 10526 enacted on July 23, 2012?
Related Article/s:
Prohibition against discrimination on account of disabilities
Policy Against Discrimination on Account of Mental Health Condition
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