Can an employee be terminated or forced to resign because of an anxiety disorder?
In the Philippines, the termination of employment due to an anxiety disorder touches upon several legal principles, primarily involving the rights of employees under the Labor Code of the Philippines, Republic Act No. 11036 (Mental Health Act), and constitutional protections against unjust discrimination.
Legal Grounds for Termination
Under the Labor Code of the Philippines, an employer may only terminate an employee for just or authorized causes. Just causes include serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, and commission of a crime against the employer or his immediate family. Authorized causes may include redundancy, retrenchment to prevent losses, closure of the establishment, or disease.
An anxiety disorder, in itself, does not constitute a just or authorized cause for termination. Dismissing an employee solely because they suffer from an anxiety disorder may be considered illegal and discriminatory. Moreover, the employee’s mental health condition must not be used as a pretext for dismissal unless it directly and significantly impacts their job performance in a way that falls under these legal grounds.
Protection Under the Mental Health Act
The Mental Health Act (RA 11036) emphasizes the rights of individuals with mental health conditions, including anxiety disorders. It specifically protects employees from discrimination in the workplace. The Act mandates that employers provide reasonable accommodation for employees with mental health conditions, unless such accommodation would cause undue hardship to the business.
Employers are also encouraged to develop policies and programs for promoting mental health and to provide mental health services to employees. Forcing an employee to resign or terminating their employment due to an anxiety disorder without exploring reasonable accommodations may violate this law.
Constitutional Protections
The Philippine Constitution also provides broad protections against discrimination. Article III, Section 1 of the Constitution states that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. This constitutional guarantee extends to employees who suffer from anxiety disorders, ensuring that they cannot be unfairly treated or dismissed based on their condition.
Reasonable Accommodation and Due Process
If an employee’s anxiety disorder affects their work, the employer is required to engage in an interactive process to determine whether reasonable accommodations can be made. This could involve modifying work schedules, providing a less stressful work environment, or allowing leaves of absence for treatment. The goal is to support the employee in continuing their work, rather than forcing them out of employment.
If an employee is unable to perform their job even with reasonable accommodation, the employer may explore termination, but this must follow the due process outlined in the Labor Code. This includes providing the employee with notice and a fair opportunity to be heard.
Conclusion
In summary, an employer in the Philippines cannot legally terminate or force an employee to resign solely because of an anxiety disorder. Such action could constitute illegal dismissal and discrimination under Philippine law. Employers are required to provide reasonable accommodations and must observe due process if they believe that an employee’s condition genuinely affects their ability to perform their job. Employees who feel they have been wrongfully terminated or discriminated against due to their anxiety disorder have the right to seek redress through the appropriate legal channels.