Legal Rights Regarding Termination Due to Disease
Dear PAO,
Last year, I was diagnosed with multi-drug-resistant tuberculosis. My doctor advised me to slow down and get some rest due to my weakened condition. Upon informing my employer about my health status, I was informed that I might face termination from my job. Is it legal for me to be terminated immediately because of my illness?
Alex
Legal Provisions on Termination Due to Disease
Article 299 of the Labor Code addresses the termination of an employee due to a disease that is prohibited by law or poses a health risk to the employee and their co-workers. The law stipulates that the employer must provide separation pay to the terminated employee, equivalent to at least one month’s salary or one-half month’s salary for every year of service, whichever is greater.
However, according to Section 8, Book Six, Title I of the Omnibus Rules Implementing the Labor Code, specific requirements must be met to validly terminate an employee on the grounds of illness. The employer must obtain a certification from a competent public health authority stating that the disease is incurable within a six-month period even with proper medical treatment.
Legal Implications for Your Situation
Based on the aforementioned legal provisions, termination due to disease is permissible only when the disease is deemed incurable within six months by a competent public health authority. If your illness can be cured within the specified period or if there is no certification indicating otherwise, the termination would be considered illegal.
Therefore, before any lawful termination can take place, it is crucial for a competent public health authority to certify that your illness falls under the criteria outlined in the law. Without such certification, the termination would not be justified.
We trust that this information addresses your concerns. Please note that our response is based on the details provided in your query and may change with additional or altered information.