3. Mental Health Policy (Labor Advisory No. 19, s. 2023)

Mental Health Policy (Labor Advisory No. 19, s. 2023)

Concept

Mental health is part of worker health and dignity. A workplace mental health policy addresses mental health concerns through prevention, support, and access to appropriate services. It should be read with the employer’s broader duty to provide safe and healthful working conditions, rather than as a substitute for occupational safety and health (OSH) measures. (Labor Advisory No. 19, s. 2023) (Art. 162, Labor Code)¹

Governing provisions

• The Labor Code directs the Secretary of Labor and Employment to set and enforce mandatory OSH standards and to institute programs for safe and healthful working conditions. It also assigns DOLE a continuing research role concerning occupational health problems and the effects of work and working conditions on employees’ health. (Art. 162, Labor Code)¹ (Art. 163, Labor Code)²
• The Mental Health Act provides the national framework for mental health rights and services. DOLE Department Order No. 208, s. 2020 sets guidelines for implementing mental health workplace policies and programs in the private sector; Labor Advisory No. 19, s. 2023 should be read alongside that framework. (Republic Act No. 11036) (DOLE Department Order No. 208, s. 2020) (Labor Advisory No. 19, s. 2023)

Requisites / Rules

• For Bar purposes, identify both the policy and its implementation: workplace awareness and prevention measures, a way to obtain assistance or referral, and arrangements that respect the privacy of workers seeking help. Do not treat a written policy alone as proof that appropriate measures are functioning. (DOLE Department Order No. 208, s. 2020) (Republic Act No. 11036)
• Handle mental health information confidentially and avoid reducing a worker’s legal rights to a diagnosis or a request for help. Where an employment decision is questioned, assess its actual basis under the applicable labor and other relevant laws. (Republic Act No. 11036) (Art. 3, Labor Code)³
• DOLE may enforce mandatory OSH standards through inspection and compliance orders. (Sec. 22, Rep. Act No. 11058) Under Republic Act No. 11058, stoppage or suspension may be ordered when noncompliance with law or implementing rules poses a grave and imminent danger to workers’ health and safety. This power should not be confused with an automatic sanction for every mental health policy deficiency. (Sec. 23, Rep. Act No. 11058)⁴

Distinctions

A workplace mental health policy concerns prevention and support across the workforce. A claim that a particular illness is work-related raises a separate question of causation and proof; relevant workplace exposure and documented evidence matter. Neither the existence of a policy nor a diagnosis alone resolves that claim. (DOLE Department Order No. 208, s. 2020) (Jessie v. David, G.R. No. 197205, 26 September 2012)⁵

Bar tip

In a problem involving a worker’s mental health, separate the employer’s preventive workplace duties, the worker’s privacy and employment rights, and any claim that an illness was caused by work. Apply the rule governing each issue rather than assuming one finding decides all three. (Republic Act No. 11036) (DOLE Department Order No. 208, s. 2020) (Jessie v. David)⁵