Labor Code Article - Dismissal Due To Disease

Article 284 of the 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.
Book VI, Rule I, Section 8 of the Omnibus Implementing Rules of
the Labor Code

SECTION 8. Disease as a ground for dismissal. 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 competent
public health authority that the disease is of such nature of 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
employee shall not terminate the employee but shall ask the employee to take a
leave of absence. The employer shall reinstate such employee to his former
position immediately upon the restoration of his normal health.
MARLO A. DEOFERIO vs. INTEL TECHNOLOGY PHILIPPINES, INC.
and/or MIKE WENTLING, G.R. No. 202996, June 18, 2014

The twin-notice requirement applies to terminations under Article 284 of
the Labor Code.
The Labor Code and its IRR are silent on the procedural due process required
in terminations due to disease. Despite the seeming gap in the law, Section 2,
Rule 1, Book VI of the IRR expressly states that the employee should be
afforded procedural due process in all cases of dismissals.38
In
Sy
40
Jr.,
v.
Court
of
Appeals 39 and
Manly
Express,
Inc.
v.
Payong,
promulgated in 2003 and 2005, respectively, the Court finally pronounced
the rule that the employer must furnish the employee two written notices in
terminations due to disease, namely: (1) the notice to apprise the employee of
the ground for which his dismissal is sought; and (2) the notice informing the
employee of his dismissal, to be issued after the employee has been given
reasonable opportunity to answer and to be heard on his defense. These
rulings reinforce the State policy of protecting the workers from being
terminated without cause and without affording them the opportunity to

explain their side of the controversy.
MA. ISABEL T. SANTOS, represented by ANTONIO P. SANTOS vs.

SERVIER PHILIPPINES, INC. and NATIONAL LABOR RELATIONS
COMMISSION, GR No. 166377, November 28, 2008

The NLRC emphasized that petitioner was not retired from the service pursuant
to law, collective bargaining agreement (CBA) or other employment contract;
rather, she was dismissed from employment due to a disease/disability under
Article 28420 of the Labor Code.21
Magna Carta for Disabled Persons - (It is in my opinion that what
she has is not a disability given the following definition.)

Sec. 4. Definition of Terms. For purposes of this Act, these terms are defined
as follows:
(a) Disabled persons are those suffering from restriction or different abilities,
as a result of a mental, physical or sensory impairment, to perform an activity
in the manner or within the range considered normal for a human being;
(b) Impairment is any loss, diminution or aberration of psychological,
physiological, or anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment that substantially
limits one or more psychological, physiological or anatomical function of an
individual or activities of such individual; 2) a record of such an impairment; or
3) being regarded as having such an impairment;
(d) Handicap refers to a disadvantage for a given individual, resulting from an
impairment or a disability, that limits or prevents the function or activity, that
is considered normal given the age and sex of the individual;
Diagnosis and recommendations of the physician dont seem to indicate

disability
o Cervical Radiculopathy is a problem that results when a nerve in the neck
is irritated as it leaves the spinal canal.
o Paralumbar strain lower back pain

o Right w/o CTS without Carpal Tunnel Syndrome
o Systemic viral illness

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Article 284 of the Labor Code

the Labor Code

MARLO A. DEOFERIO vs. INTEL TECHNOLOGY PHILIPPINES, INC.

and/or MIKE WENTLING, G.R. No. 202996, June 18, 2014

promulgated in 2003 and 2005, respectively, the Court finally pronounced

terminated without cause and without affording them the opportunity to

MA. ISABEL T. SANTOS, represented by ANTONIO P. SANTOS vs.

COMMISSION, GR No. 166377, November 28, 2008

Magna Carta for Disabled Persons - (It is in my opinion that what

she has is not a disability given the following definition.)

Diagnosis and recommendations of the physician dont seem to indicate

o Paralumbar strain lower back pain

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