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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.
AT A GLANCE:
“Employers shall develop appropriate policies and programs on mental health issues, correct the stigma and discrimination associated with mental conditions, identify and provide support for individuals with mental health conditions to treatment and psychological support.” (Section 25, Chapter V, Republic Act No. 11036 or the Mental Health Act)
“Mental Health” refers to a state of well-being in which the individual realizes one’s own abilities and potentials, scopes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community. (Section 4, par. j, Republic Act No. 11036 or the Mental Health Act)
It is a declared policy of Republic Act No. 11036 or the Mental Health Act to affirm the basic right of all Filipinos to mental health as well as the fundamental rights of people who require mental health services. Further:
“The state commits itself to promoting the well-being of people by ensuring that; mental health is valued, promoted and protected; mental health conditions are treated and prevented; timely, affordable, high quality, and culturally-appropriate mental health case is made available to the public; mental health service are free from coercion and accountable to the service users; and persons affected by mental health conditions are able to exercise the full range of human rights, and participate fully in society and at work free from stigmatization and discrimination.” (Section 2, Mental Health Act)
Workplace Policies and Programs for Mental Health
The Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) have the duty to develop policies, guidelines and standards to promote mental health in the workplace.
The law says:
“The DOLE and CSC shall:
(a) Develop guidelines and standards on appropriate and evidence-based mental health programs for the workplace as described in this Act; and
(b) Develop policies that promote mental health in the workplace and address stigma and discrimination suffered by people with mental health conditions.” (Section 35, Chapter VII, Mental Health Act)
Pursuant to Republic Act No. 11036 or the Mental Health Act and Republic Act No. 11058 or the Act Strengthening Compliance with the Occupational Safety and Health Standards, the Department of Labor and Employment (DOLE) issued Department Order No. 208, series of 2020 (DOLE D.O. No. 208-20) otherwise known as the Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector.
DOLE D.O. No. 208-20 provides that:
“It is mandatory for all workplaces and establishments to formulate a Mental Heath Workplace Policy and Program, which shall include the following:
1. Raise awareness, prevent stigma and discrimination, provide support to workers who are at risk and/or with mental health condition and facilitate access to medical health services;
2. Promote workers’ well-being towards healthy and productive lives;
3. Be jointly prepared by management and workers’ representatives and be made an integral part of the company’s occupational safety and health (OSH) policies and programs.
In organized establishments, the workplace policies and programs may be included as part of the collective bargaining agreement (CBA) and shall be made known to all workers.”
Duties of employers in relation to workplace policy and programs on mental health
DOLE D.O. No. 208-20 provides that employers shall:
- Develop, implement, monitor and evaluate mental health workplace policies and programs. They may link up to coordinate with mental health service providers for assistance;
- 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;
- Ensure that there are adequate resources to implement and sustain mental health workplace programs;
- 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;
- Provide the necessary work accommodation when needed;
- Develop mechanisms for referral of workers at risk of developing or with mental health condition for appropriate management; and
- Ensure compliance to all requirements of existing legislations and guidelines related thereto. (Part V, DOLE D.O. No. 208-20)
Responsibilities of employees or workers in relation to workplace policy and programs on mental health
DOLE D.O. No. 208-20 provides that employees or workers shall:
- 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;
- 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;
- 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
- 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. (Part V, DOLE D.O. No. 208-20)
The implementation and monitoring of policies and programs on mental health shall be the responsibility of the employer through the OSH committee.
In compliance with the requirement of DOLE of OSH Programs pursuant to D.O. No. 198, series of 2018, the latest copy of the company policy and program shall be submitted to the DOLE Regional Office having jurisdiction over the company. (Part VII, DOLE D.O. No. 208-20)
Read also: Mental Health Act | Implementation of Mental Health Workplace Policies and Programs for Private Sector
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