SC: Terminating HIV positive worker ‘illegal’

MANILA, Philippines —  The Supreme Court (SC) has ruled that firing an employee solely for testing positive for human immunodeficiency virus (HIV) is illegal.

In a decision promulgated on Feb. 14, 2024, but released yesterday, the SC’s Third Division found invalid the dismissal of an HIV-positive overseas Filipino worker (OFW) for being discriminatory.

The case stemmed from 2017 when the OFW was deployed to Saudi Arabia under a two-year contract through recruitment agency Bison Management Corp.

After working for 15 months, the OFW tested positive for HIV following a routine medical exam.

In February 2019, he was repatriated to the 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, the OFW filed a complaint for illegal dismissal but was dismissed by the Labor Arbiter.

However, the National Labor Relations Commission (NLRC) reversed the ruling and found Bison, its president and its foreign recruitment agency Saraja Al Jazirah Contracting Est liable for illegal dismissal.

The Court of Appeals affirmed the NLRC’s ruling, prompting Bison to appeal to the high court.

In denying Bison’s petition, the SC reiterated that the OFW was illegally dismissed as there “was no valid cause” to terminate his employment.

Citing the Philippine HIV and AIDS Policy Act, the SC said the law “prohibits the use of a person’s HIV-positive condition as a ground for dismissal.”

“Further, if the foreign law stated in the employment contract contradicts Philippine law, morals, good customs, public order or public policy, then Philippine law shall apply,” the court added.