IMPLEMENTATION OF MENTAL HEALTH WORKPLACE POLICIES AND PROGRAMS FOR PRIVATE SECTOR

Image Source

Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

• Employers are required to ensure that there are adequate resources to implement and sustain mental health workplace programs.

• Workers are expected to participate actively in the formulation and effective implementation of the workplace policies and programs on Mental Health.

• Workers shall not engage themselves in bullying and other forms of discrimination which may lead to a mental health problem.

Pursuant to Republic Act No. 11036 (Mental Health Act) and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof), the Department of Labor  and Employment issued the Guidelines for the Implementation of Mental Health Workplace Policies and Programs for Private Sector.

Under Department Order No. 208 Series of 2020:

Employers shall:

1. Develop, implement, monitor and evaluate mental health workplace policies and programs. They may link up to coordinate with mental health service providers for assistance;
2. Develop and implement programs with reporting mechanism to address and prevent problem or bullying such cyber bullying/ mobbing, verbal, sexual and physical harassment, all forms of work-related violence, threats, shaming, alienation and other forms of discrimination which may lead to a mental health problem and shall not themselves engage in the abovementioned;
3. Ensure that there are adequate resources to implement and sustain mental health workplace programs;
4. Ensure that they provide the necessary training to the OSH personnel and Human Resource Officers who will develop, implement and monitor the mental health workplace policies and programs;
5. Provide the necessary work accommodation when needed;
6. Develop mechanisms for referral of workers at risk of developing or with mental health condition for appropriate management; and
7. Ensure compliance to all requirements of existing legislations and guidelines related thereto.

Workers shall:

1. Participate actively in the formulation and effective implementation of the workplace policies and programs on Mental Health, through consultations, policy making processes and general assembly in organized and unorganized establishment;
2. Provide assistance in any form to improve the condition of co-workers who are at risk of developing or with mental health condition and refrain from any discriminatory acts against them;
3. Seek assistance from the company OSH personnel on conditions which may be related to or may result to a mental health .condition for their appropriate medical intervention and possible work arrangements or accommodation; and
4. Not themselves engage in bullying such as cyber bullying/mobbing, verbal, sexual and physical harassment, all forms of work-related violence, threats, shaming, alienation and other forms of discrimination which may lead to a mental health problem or may aggravate existing mental health condition.

---

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

---

SUBSCRIBE NOW FOR MORE LEGAL UPDATES!

[email-subscribers-form id=”4″]