Mental Health in the Workplace | The Philippines
In this Chambers Expert Focus podcast, Rashel Ann C. Pomoy from Villaraza & Angangco explores the legal framework governing mental health in the workplace in the Philippines. Pomoy, a partner and the deputy head of the firm’s labour and employment practice group, outlines the significant legislations and guidelines that shape the treatment and rights of employees with mental health conditions.
Philippine Mental Health Legislation
Two pivotal laws are highlighted: the Magna Carta for Persons with Disability (Republic Act No 7277) and the Mental Health Act (Republic Act No 11036). The Magna Carta, enacted in 1992, includes mental impairment under its definition of disability, ensuring that individuals with mental disabilities receive the same employment opportunities, compensation, and benefits as those without disabilities. It emphasises the elimination of barriers and discrimination in the workplace against persons with disabilities, including mental disabilities, with specific provisions against discriminatory hiring practices and unjust termination due to disability.
The Mental Health Act of 2018 further broadens the legal framework by focusing on the rights and integration of strategies for mental health in the workplace, moving from a narrow understanding of mental impairment to a more inclusive view of mental health conditions. This act aligns with contemporary scientific understandings of mental health, covering a range of conditions beyond severe mental illnesses to include psychological and neurological conditions affecting mental functioning.
Philippine Regulatory Guidelines Around Mental Health and Employment
Additionally, the Department of Labor and Employment (DOLE) guidelines for implementing mental health policies in the workplace are discussed. These guidelines mandate non-discriminatory practices, confidentiality around mental health conditions, and the provision of reasonable accommodations to employees with mental health conditions. Employers are required to ensure that mental health conditions do not hinder an employee’s job performance or safety. The guidelines also stipulate that fitness for work determinations be made by occupational health physicians based on evaluations by mental health professionals.
The episode also addresses the process for terminating employment due to mental health conditions, emphasising the need for compliance with substantive and procedural due process under Philippine law. It cites a Supreme Court case to illustrate the application of these principles in practice.
The Future of Mental Health Legislation in the Philippines
Looking forward, Pomoy mentions pending bills in the Philippine Congress aimed at enhancing support for mental health in the workplace, including provisions for mental health leave and expanded health insurance coverage for mental health conditions. This underscores the ongoing evolution of the legal landscape concerning mental health in the workplace in the Philippines, highlighting the need for employers to stay informed and adapt to these changes to ensure compliance and support for employees with mental health conditions
Villaraza & Angangco
