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Termination of Employment due to Disease |
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We have encountered questions relating to the termination of an employee because the employee sought to be terminated is allegedly suffering from a disease. Perhaps by now, our readers know that the general rule is always in favor of the employee and the security of tenure.
Under the Labor Code, the employer cannot terminate the services of an employee except for just or authorized causes, and a violation of this prohibition results to illegal dismissal. One of the authorized causes of termination is that the employee is suffering from a disease. 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.
Under this provision, the disease must be of such nature that the employee’s continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees. There must also be 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. Lastly, in the event that there is a ground to terminate the services of the said employee, he must be paid a separation pay equivalent to at least one month salary or one-half month salary for every year of service, whichever is higher.
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