Department of Labor and Employment(DOLE)

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Date: Aug. 29, 2021, 11:40 a.m.

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Date: 2021-09-01 11:56:46.000000

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Date: 2021-09-01 13:32:28.000000

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Termination of a Covid-19 Positive Employee.

Published by Department of Labor and Employment(DOLE) on Aug. 29, 2021.
Requested from DOLE by R. Caragdag at 11:40 AM on Aug. 29, 2021.
Purpose: For my labor / employment rights.
Date of Coverage: 08/17/2021 - 08/29/2021
Tracking no: #DOLE-428585355486

R.FELIX Aug. 29, 2021, 11:40 a.m.

Good morning, does the employer have the right to terminate me, an employee, who is a Covid-19 Positive and got the disease during the period my employment?

J.BARBOZA Sept. 1, 2021, 11:56 a.m.

September 1, 2021 Dear RINO, Thank you for your request dated Aug 29, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Termination of a Covid-19 Positive Employee.. We received your request on Aug 29, 2021 and will respond on or before Sep 17, 2021 11:40:35 AM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNDI4NTg1MzU1NDg2DA, for request with ticket number #DOLE-428585355486. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Sept. 1, 2021, 1:32 p.m.

Dear RINO, Thank you for your request dated Aug 29, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Termination of a Covid-19 Positive Employee.. Anent your concern, it has been the position of DOLE to protect the rights of workers against illegal termination. Labor laws are also replete with provisions on anti-discrimination. Hence, terminating a worker based on having COVID 19 is unlawful. However, this opinion was based only on the information that was provided. The response will change if and when there were company policies that were violated as non-disclosure and reporting for work despite having COVID 19 symptoms which may endanger the lives of other workers in your premises. As our way forward, you may file for conciliation and mediation proceedings or SEnA to the DOLE Regional/Field Office having jurisdiction to your workplace. In addition, if the infection was acquired in the performance of work, you may also file for an EC benefit to the nearest branch of SSS Office. This benefit is separate and distinct from the SSS sickness benefit. For queries on the EC benefits, you may reach the Employees Compensation Commission (ECC) thru this platforms (02) 897-7597; email at [email protected] or visit website address: http://www.ecc.gov.ph Thank you. Respectfully yours, Marco Valeros, MD Decision Maker

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