Dear Attorney,
I work for a private company that does not provide a health card as part of our employee benefits. I would like to know if it is possible to demand that my employer provide a health card. Can I take legal action to enforce this?
Sincerely,
Concerned Employee
Insights
In the Philippines, the provision of health benefits, including health cards, falls under the broader legal framework of employee benefits. While there are mandatory employee benefits that all employers must comply with under Philippine labor law, the provision of a health card or private health insurance is not explicitly required by law.
Mandatory Health Benefits for Employees
Under the Labor Code of the Philippines and other relevant laws, there are specific mandatory health-related benefits that employers are obligated to provide. These include:
PhilHealth Contributions: All employers are required by law to enroll their employees in the Philippine Health Insurance Corporation (PhilHealth), which provides basic health insurance coverage. Employers must contribute a specified percentage of the employee’s salary to PhilHealth. This is a mandatory benefit that all employees in the private sector are entitled to.
SSS Sickness and Maternity Benefits: Employees who contribute to the Social Security System (SSS) are entitled to certain sickness and maternity benefits. These are not health cards but provide financial assistance during periods of illness or maternity leave.
Employees' Compensation Program (ECP): This is a form of insurance that provides compensation to employees who suffer work-related illnesses or injuries. The ECP is administered by the Employees' Compensation Commission (ECC) and covers medical expenses, disability benefits, and rehabilitation services for employees who are injured or become ill due to their work.
Non-Mandatory Benefits
The provision of private health insurance or a health card (such as through HMO plans) is not a legal requirement for employers in the Philippines. However, many companies voluntarily offer health cards as part of their employee benefits package to attract and retain talent.
Employees may request a health card, but there is no legal basis for demanding or enforcing this as a right under existing Philippine labor laws. Instead, health card provisions are often included in the company’s employment contracts or collective bargaining agreements (CBAs) if the employees are part of a union.
Voluntary Benefits and Company Policies
Employers have discretion in offering non-mandatory benefits like health cards. Some companies provide additional health benefits, including health cards, life insurance, or dental coverage as a part of their employee welfare programs. These benefits are considered part of an employer’s voluntary offerings and may vary from one company to another.
If an employee wishes to request such benefits, they may approach the human resources department or raise the issue through appropriate channels within the organization. In companies with CBAs, employees can collectively negotiate for the inclusion of such benefits in their agreements.
Legal Recourse and Claims
Given that health cards are not mandatory under Philippine law, an employee cannot demand a health card through legal action if the employer has not agreed to provide it as part of the employment package. However, if a company has committed to providing such benefits in writing, whether through an employment contract or CBA, and fails to do so, employees may have legal grounds to enforce the provision of these benefits.
For example, if a health card is specified as part of the employee's contract, and the employer fails to comply with the contractual agreement, the employee may file a complaint with the Department of Labor and Employment (DOLE) for breach of contract. The employee may also seek redress through the National Labor Relations Commission (NLRC) if necessary.
It is important to understand that in the absence of a contractual or legally binding agreement to provide a health card, the law does not impose this obligation on employers. Employees are encouraged to check their employment contracts or consult with their company’s HR department for clarification on the benefits that are offered.
Conclusion
While health cards and private health insurance plans are beneficial for employees, they are not legally mandated benefits in the Philippines. Employees may request such benefits, but unless these are part of a contractual agreement, there is no legal recourse to demand them. For employees concerned about their health benefits, it is essential to understand the mandatory benefits guaranteed by law, such as PhilHealth and SSS contributions, and negotiate for additional voluntary benefits if needed.
Employers are encouraged to provide comprehensive health benefits to promote employee welfare, but employees should be aware that the scope of mandatory benefits is limited to what the law provides. For those seeking further clarification or specific legal advice, consulting with a lawyer who specializes in labor law may provide more tailored guidance based on the individual’s employment situation.