SC declares OFW illegally dismissed after testing positive for HIV

The Supreme Court (SC) has declared illegally dismissed an overseas Filipino worker (OFW), who tested positive for human immunodeficiency virus (HIV).

In a decision written by Associate Justice Alfredo Benjamin S. Caguioa, the SC ruled that the dismissal of the worker (whose name was redacted in the decision) was invalid for being discriminatory.

Section 44 of Republic Act No. 11166, the Philippine HIV and AIDS Policy Act, guarantees “the confidentiality and privacy of any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV and Aids-related diseases, or was treated for Hiv-related illnesses.”

The worker, who was denominated as AAA in the decision, was deployed to Saudi Arabia in October 2017 as a cleaning laborer under a two-year contract with Bison Management Corporation.

After working for 15 months, AAA underwent a routine medical checkup and was found positive for HIV.

His employment was terminated as his foreign employer cited that Saudi Arabian laws consider a worker infected with HIV unfit to work. The worker was repatriated to the Philippines in February 2019.

AAA filed complaint for illegal dismissal but the labor arbiter dismissed his case.

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

The NLRC’S ruling was affirmed by the Court of Appeals (CA). Bison Management elevated the case to the SC.

A summary of the decision issued by the SC’S public information office (PIO) stated:

“The SC ruled that AAA was illegally dismissed and thus entitled to salaries for the unexpired portion of his employment contract, and moral and exemplary damages, among others.

“Under Section 49(a) of Republic Act No. (RA) 11166, or the Philippine HIV and AIDS Policy Act, it is unlawful for employees to be terminated from work on the sole basis of their HIV status.

“Since Philippine law prohibits the use of a person’s Hiv-positive condition as a ground for dismissal, there was no valid cause to terminate AAA.

“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.

“In this case, even if it is proven that Saudi Arabian law prohibits workers who test positive for HIV, RA 11166 takes precedence over it for being against Philippine law.”