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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A company’s program announces that receiving mental-health services proves an employee is unfit for every job, despite established ability to perform the particular role and no lawful contrary basis. Which is sound?
  1. Any treatment history necessarily bars all work.
  2. The automatic exclusion conflicts with the rights-based, anti-stigma workplace framework.
  3. Every program must publish a permanent unfit list.
  4. Only coworkers decide legal capacity.
  5. The employee’s actual abilities are always irrelevant.

Legal references

  • RA 11036 Sections 4-5 and 25, Mental Health Act: https://lawphil.net/statutes/repacts/ra2018/ra_11036_2018.html
  • DOLE official explanation of Labor Advisory 19 s.2023, Supplemental Mental Health Guidelines: https://dole.gov.ph/news/strengthen-mental-health-policies-in-workplaces-dole/

Answer this question in flashcards to review your response and continue practicing.