Unfit to work

Dear Atty. Nico,

I was recently dismissed from my work as a bartender in Qatar on the ground that I was afflicted with HIV (Human Immunodeficiency Virus). My recruitment agency informed me that under the laws of the State of Qatar, an HIV+ individual is considered unfit to work; thus, my employer terminated my employment and I was repatriated back to the Philippines.

My question is: May I file a case for illegal dismissal, among other things, against my recruitment agency?

Jun

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Dear Jun,

Yes. You have a strong case of illegal dismissal against your recruitment agency.

Article XIII, Section 3 of the Constitution provides:

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

Furthermore, Section 49(a), RA 11166 makes it unlawful for an employee to be terminated from work on the sole basis of their HIV status:

Sec. 49. Discriminatory Acts and Practices — The following discriminatory acts and practices shall be prohibited: (a) Discrimination in the Workplace — The rejection of job application, termination of employment, or other discriminatory policies in hiring, provision of employment and other related benefits, promotion or assignment of an individual solely or partially on the basis of actual, perceived, or suspected HIV status.

Applying the above-mentioned laws in your case, your recruitment agency may be held liable for illegal dismissal for allowing your employment contract to be terminated on the basis of the law of the State of Qatar. In addition, the Supreme Court has settled in the case of Pakistan International Airlines Corp. vs Ople that if the foreign law stipulated is contrary to law, morals, good customs, public order, or public policy, then Philippine law shall govern.

Atty. Nico A. Antonio