opportunity to be heard and to defend himself.[57] Dismissal may also be based on any of the authorized causes provided for in Articles 283 and 284 of the Labor Code. [58] The petitioner contends that the termination of respondent Paramios employment was sanctioned by paragraph 8.2, Nos. 5 and 6, Article VIII of the employment contract.The aforesaid provisions are herein reproduced: 8.2 In the event the Employee is found offend (sic) one of the following prohibitions during his/her employment, Employer may terminate this Employment contract and repatriate him/her to his/her country of origin. Employee shall comply immediately without objection and assume the cost of round-trip transportation by air to and from R.O.C. unconditionally. In the event Employer or any other person pay the airfare for the Employee, Employee shall reimburse the fare to the person who paid it. (5) During the period of employment, being found out suffering HIV positive anti-body or other disease, heavily wounded or stool parasite, which cannot be cured within one month. (6) Being found losing ability to work. The foregoing provision is akin to Article 284 of the Labor Code, which provides: Art. 284. Disease as a ground for termination An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or prejudicial to his health as well as the health of his co-employees: Furthermore, Section 8, Rule 1, Book VI of the Omnibus Rules Implementing the Labor Code provides, thus: Sec. 8. Disease as a ground for dismissal - Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment unless there is a certification by competent public authority that the disease is of such nature or at such a stage that it cannot be cured within a period of six (6) months with proper medical treatment. If the disease or ailment can be cured within the period, the employer shall not terminate the employee but shall ask the employee to take a leave. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health. Applying the law and the rule, the employer is burdened to prove that the employee was suffering from a disease which prevented his continued employment, or that the employees wound prevented his continued employment. Section 8, Rule 1, Book VI of the Omnibus Rules Implementing the Labor Code requires a certification from competent public authority[59] that the employee was heavily wounded and had lost the ability to work.

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