Dear IBP,
Good day i just want to ask po for legal advice I’m a fresh graduate po and recently found a work here lang po sa amin at first excited po ako kasi first work after college but the management are great, my employer is great my one only concern lang po is the duty hours kasi i work 2pm-12am and di po kasi ako sanay mag stay up late especially po i was diagnosed having a Bipolar disorder type 1 and sabi po ng psychiatric ko dati na bawal po ako mag stay up night. I want to resign po sana but the contract state na after 2 years pa ako pwed mag resign and nay babayaran po mga 50k anu po yung pwedi ko pong gawin para po ma stop sa work? Should i AWOL po ba? Thank you so much po in advance.
Mentally Struggling Employee
Dear Mentally Struggling Employee,
First, I would want to say thank you for being strong enough and honest enough to share that you were diagnosed with having a Bipolar disorder type. Not a lot of people are as strong as you to share your struggles and seek for advice.
Following Section 26 of the Republic Act No. 11036 or The Mental Health Act, “employers should develop appropriate policies and programs on mental health in the workplace… and facilitate access of individuals with mental health conditions to treatment and psychological support”. Moreover, workers should not be discriminated from hiring promoting and/or other benefits of employer for the sole basis of their mental condition.
Likewise, the Department of Labor and Employment (“DOLE” released Department Order No. 208, Series of 2020 which provides for the Guidelines for Implementation of Mental Health Workplace Policies and Programs for the Private Sector (“Guidelines”), a worker may resume work while undergoing treatment provided that a physician has certified that he/she is still fit to work and that the current treatment shall not cause unsafe conditions for the worker while at work or cause similar unsafe conditions. Moreover, in the same Guidelines, workers who have been evaluated shall not be prevented from returning to work or subject to actions that may be construed as constructive dismissal.
Thus, in your case, it may be best to discuss with your employer regarding your condition and come to terms with your scope and time of work as this is within your rights and within the Guidelines released by DOLE. If your employer will force you to resign, this may be construed as constructive dismissal and you may bring a case against your employer for this reason.
Notably, it is important that you present a certification issued by a competent public health expert on mental health to be presented to your employer to raise your concern with your employer as you negotiate your employment with him/her.
I hope this will help you and not discourage you from work despite your struggle with your mental health. We wish you all the best.
