Disease

Summary

▪ Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within six (6) months as certified by a public health authority and wherein the employee’s continued employment is prohibited by law or prejudicial to his/her health, as well as of his co-employees.

▪ To be valid, the authorized cause of disease should comply with prescribed standards.

▪ Certification from a public health authority that the disease is incurable within six (6) months is required.

1. Concept

Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within six (6) months as certified by a public health authority and wherein the employee’s continued employment is prohibited by law or prejudicial to his/her health, as well as of his co-employees.

a. Legal basis

1) Labor Code

Art. 284. 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. (P.D. 442, Labor Code)

2) Omnibus Rules Implementing the Labor Code

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