Dear Attorney,
I was advised by my doctor to work from home due to health reasons, but my employer denied the request and even threatened to terminate me if I do not comply with their demand to return to the office. Is this legal? Can my company terminate me for following my doctor's advice? I would like to know my rights as an employee in this situation.
Sincerely,
A Concerned Employee
Insights
In the Philippines, employment is governed by various laws that aim to protect both employers and employees. One key legal concept that applies to this situation is "reasonable accommodation" in the context of labor law, particularly concerning employee health and safety.
Under the Labor Code of the Philippines and related regulations such as the Occupational Safety and Health Standards (OSHS), employers have the obligation to ensure the safety, health, and welfare of their employees. This responsibility includes taking necessary precautions to accommodate an employee’s health condition when supported by medical advice.
If an employee provides a medical certification that working from home is necessary for health reasons, especially if the employee has a condition that may be exacerbated by commuting or working in a physical office, the employer is expected to reasonably accommodate this request. Denying such accommodation without a valid business reason may be considered an act of unfair labor practice or constructive dismissal, depending on the circumstances.
Constructive Dismissal occurs when an employee is forced to resign due to the employer’s unreasonable actions or policies, making it intolerable for the employee to stay employed. A threat of termination for not returning to the office, despite medical advice, could be a form of this if the working conditions become unfavorable due to non-compliance with health concerns.
Moreover, under the DOLE Department Order No. 174, the employer cannot arbitrarily terminate employees without a valid and authorized cause. If an employee is terminated because of a failure to comply with an unreasonable demand to physically return to work despite medical advice, such a termination could be challenged for illegal dismissal. In this case, the employee may be entitled to reinstatement, back wages, and damages.
Employers may refuse a work-from-home request only if there is a legitimate business reason, such as operational requirements that cannot be met remotely. However, even in such cases, the employer should explore other accommodations before threatening termination.
Employees in similar situations should consult a lawyer to assess whether their rights have been violated and to seek guidance on the proper legal actions to take.