Labor Code Article - Dismissal Due To Disease
Labor Code Article - Dismissal Due To 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.
Book VI, Rule I, Section 8 of the Omnibus Implementing Rules of
Sy
40
Jr.,
v.
Court
of
Appeals 39 and
Manly
Express,
Inc.
v.
Payong,
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