Text of the provision
Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one
(1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six
(6) months being considered as one
(1) whole year.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employer may end the services of an employee found to be suffering from a disease whose continued employment is prohibited by law or is prejudicial to his health or that of his co-employees. The employee must be paid separation pay of at least one (1) month salary, or one-half (1/2) month salary for every year of service, whichever is greater, with a fraction of at least six (6) months treated as one whole year.
Questions about this provision
- Can I be dismissed for a disease that only affects me and not my coworkers?
- Can I be dismissed just for having a medical diagnosis, even if I'm still able to perform my job?
Related provisions
- Article 283 — Closure And Personnel Reduction.
- Article 285 — Resignation By The Employee.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.