SC says illegally terminated OFW due to HIV in Saudi deserves full salary | ABS-CBN
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SC says illegally terminated OFW due to HIV in Saudi deserves full salary
SC says illegally terminated OFW due to HIV in Saudi deserves full salary
The Supreme Court ruled that is illegal to fire an employee solely for testing positive for Human Immunodeficiency Virus or HIV even if the employer is a foreign company.
The Supreme Court ruled that is illegal to fire an employee solely for testing positive for Human Immunodeficiency Virus or HIV even if the employer is a foreign company.
In the decision of the Supreme Court 3rd Division promulgated on February 14, 2024, it was stressed that Republic Act No. 11166 or the Philippine HIV and AIDS Policy Act prohibits the termination of employees on the sole basis of their HIV status.
In the decision of the Supreme Court 3rd Division promulgated on February 14, 2024, it was stressed that Republic Act No. 11166 or the Philippine HIV and AIDS Policy Act prohibits the termination of employees on the sole basis of their HIV status.
The court further said that if a foreign law stated in the employment contract contradicts Philippine law, morals, good customs, public order or public policy, then the Philippine law shall apply.
The court further said that if a foreign law stated in the employment contract contradicts Philippine law, morals, good customs, public order or public policy, then the Philippine law shall apply.
The issue started when an OFW started working in Saudi Arabia in 2017 as a cleaning laborer with a two-year contract.
The issue started when an OFW started working in Saudi Arabia in 2017 as a cleaning laborer with a two-year contract.
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In 2019, he was terminated by his employer after testing positive for HIV, citing Saudi Arabian laws.
In 2019, he was terminated by his employer after testing positive for HIV, citing Saudi Arabian laws.
The OFW filed a complaint before the National Labor Relations Commission which was dismissed by the labor arbiter.
The OFW filed a complaint before the National Labor Relations Commission which was dismissed by the labor arbiter.
The NLRC reversed the decision of the labor arbiter and found Bison Management Corporation and foreign recruitment agency Saraja Al Jazirah Contracting Est. liable for illegal dismissal.
The NLRC reversed the decision of the labor arbiter and found Bison Management Corporation and foreign recruitment agency Saraja Al Jazirah Contracting Est. liable for illegal dismissal.
Bison then went to the Court of Appeals, which also upheld the NLRC ruling favoring the OFW.
Bison then went to the Court of Appeals, which also upheld the NLRC ruling favoring the OFW.
“While it is true that disease may be a ground for termination under Article 299 of the Labor Code, as amended and renumbered, Bison has conceded that HIV positive is not yet an illness or disease,” the court said in the decision penned by Associate Justice Alfredo Benjamin Caguioa.
“While it is true that disease may be a ground for termination under Article 299 of the Labor Code, as amended and renumbered, Bison has conceded that HIV positive is not yet an illness or disease,” the court said in the decision penned by Associate Justice Alfredo Benjamin Caguioa.
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The court also ruled that the OFW was entitled to salaries for the unexpired portion of his employment contract and moral and exemplary damages, among others.
The court also ruled that the OFW was entitled to salaries for the unexpired portion of his employment contract and moral and exemplary damages, among others.
In the ruling of the NLRC, the recruitment agencies should pay the OFW his salaries for the unexpired portion of his contract totaling SR13,272.53, vacation leave equivalent to SR2,423, as well as moral and exemplary damages totaling P100,000.
In the ruling of the NLRC, the recruitment agencies should pay the OFW his salaries for the unexpired portion of his contract totaling SR13,272.53, vacation leave equivalent to SR2,423, as well as moral and exemplary damages totaling P100,000.
“Let this case be an affirmation of the State’s promise to protect Filipino workers, here and abroad,” the court said.
“Let this case be an affirmation of the State’s promise to protect Filipino workers, here and abroad,” the court said.
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