7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly Remco Transport liable for Illegal Dimissal and ORDERING them to pay, jointly and severally, petitioner Rolando B. Mesina full reimbursement of his Placement Fee and his salaries for the unexpired portion of his employment contract. The case is REMANDED to the Labor Arbiter for the computation of such monetary awards. SO ORDERED. [30] Herein petitioners' Motion for Reconsideration of the foregoing Decision was denied by the appellate court's February 25, 2015 Resolution. Aggrieved, petitioners filed the instant Petition for Review on Certiorari under Rule 45 of the Rules of Court. Petitioners mainly assert that the CA erred in holding that Mesina was illegally dismissed because of the absence of a medical certificate as required under Sec. 8, Rule I, Book VI of the Omnibus Rules Implementing the Labor Code of the Philippines.[31] Our Ruling After a careful review of the records on hand, We find no cogent reason to disturb the findings of the CA. Item 8 of Mesina's employment contract with petitioners provides: In the event of the Employee being unable to discharge his duties through accident or illness incurred while working on the project or projects, medical treatment will be provided free by the employer. If the illness [is prolonged] or is found to be permanent, the employee will be returned to point of departure at the employer's expense. It should be noted that the employer will not be responsible for any medication required for personal injury or illness due to improper behavior by employee.[32] On the other hand, an employer may terminate an employee's employment on the ground of a disease, as provided under Article 284 of the Labor Code: ARTICLE 299 [284]. Disease as 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 is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.[33] However, Section 8, Rule 1 of the Omnibus Rules Implementing the Labor Code sets out the requirements in order to validly terminate an employee on the foregoing ground, to wit: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66825 4/9

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