In the Philippines, employees with anxiety disorders and other mental health conditions are protected under the law. The fundamental legal framework that addresses this is the Mental Health Act of 2018 (Republic Act No. 11036), which ensures the rights of individuals with mental health conditions, including their rights within the workplace.
Legal Protections Against Discrimination
The Mental Health Act explicitly prohibits discrimination against individuals with mental health conditions, including anxiety disorders, in various aspects of life, including employment. Employers are required to provide a work environment free from discrimination and to make reasonable accommodations for employees with mental health conditions. This includes adjustments to the work environment or job duties to help employees perform their jobs effectively.
Under the Labor Code of the Philippines, employees are protected from termination without just or authorized cause. Termination of employment solely based on an employee's mental health condition, including anxiety disorders, without considering reasonable accommodations, may be considered discriminatory and unlawful.
Grounds for Termination
In the Philippines, valid grounds for termination of employment are categorized as either just causes or authorized causes. Just causes include serious misconduct, willful disobedience, gross and habitual neglect of duties, and fraud, among others. Authorized causes include redundancy, retrenchment, and installation of labor-saving devices.
An anxiety disorder, in itself, does not fall under these grounds for termination. However, if the condition significantly affects an employee's ability to perform their job duties and no reasonable accommodation can be made, the employer may explore options under authorized causes, such as health-related termination. This would involve a thorough medical evaluation and should be handled with sensitivity and in compliance with legal requirements, including the payment of due separation benefits.
Reasonable Accommodations
Employers are encouraged to make reasonable accommodations for employees with anxiety disorders. These accommodations can include flexible working hours, a less stressful work environment, or temporary adjustments in job duties. Failure to provide such accommodations, where feasible, could be viewed as a failure to comply with the law, potentially leading to claims of discrimination.
Forced Resignation
Forced resignation, where an employee is compelled to resign under duress or coercion, is considered constructive dismissal under Philippine law. If an employer pressures an employee with an anxiety disorder to resign because of their condition, this could be seen as constructive dismissal, entitling the employee to remedies available under the law, including reinstatement or payment of damages.
Conclusion
In the Philippines, employees cannot be terminated or forced to resign solely because of an anxiety disorder. The Mental Health Act and the Labor Code provide protections against discrimination and unjust termination. Employers must consider reasonable accommodations and ensure that any employment decisions are made fairly and in compliance with legal standards. If you believe your rights have been violated, it is advisable to seek legal counsel or assistance from the Department of Labor and Employment (DOLE) or the Commission on Human Rights (CHR).