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Terminating HIV positive worker ‘illegal’
By J.Lo
“Further, if foreign law stated in employment contract contradicts Philippine law, morals, good customs, public order or public policy, then Philippine law shall apply,” Supreme Court (SC) has ruled firing employee solely for testing positive for human immunodeficiency virus (HIV) is illegal.
In decision promulgated on Feb. 14, 2024, but released yesterday, SC’s Third Division found invalid dismissal of HIV-positive overseas Filipino worker (OFW) for being discriminatory.
Case stemmed from 2017 when OFW was deployed to Saudi Arabia under two-year contract through recruitment agency Bison Management Corp.
After working for 15 months, OFW tested positive for HIV following routine medical exam.
In February 2019, he was repatriated to Philippines after his employment was terminated by his foreign employer, who cited Saudi Arabian laws that consider HIV-positive individuals unfit to work.
After his repatriation, OFW filed complaint for illegal dismissal but was dismissed by Labor Arbiter.
However, National Labor Relations Commission (NLRC) reversed ruling and found Bison, its president and its foreign recruitment agency Saraja Al Jazirah Contracting Est liable for illegal dismissal.
Court of Appeals affirmed NLRC’s ruling, prompting Bison to appeal to high court.
In denying Bison’s petition, SC reiterated OFW was illegally dismissed as there “was no valid cause” to terminate his employment.
Citing Philippine HIV and AIDS Policy Act, SC said law “prohibits use of person’s HIV-positive condition as ground for dismissal.”
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