Free medical, dental services to employees

Dear PAO,
My family is in the process of starting our own outsourcing company. We have already finalized the compensation packages of our 350 employees and we are planning to start our operations early next year. But we forgot to incorporate any medical and dental services for our employees. Is there any law, which provides for any guidelines in the medical and dental services that shall be provided by the employers to their employees?
John

Dear John,
To answer your question, we shall refer to Book Four (Health, Safety and Social Welfare Benefits), Chapter 1 (Medical and Dental Services) of the Labor Code of the Philippines, to wit:

“Article 156. First-aid treatment. Every employer shall keep in his establishment such first-aid medicines and equipment as the nature and conditions of work may require, in accordance with such regulations as the Department of Labor and Employment shall prescribe.

“The employer shall take steps for the training of a sufficient number of employees in first-aid treatment.

“Article 157. Emergency medical and dental services. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities consisting of:

“(a) The services of a full-time registered nurse when the number of employees exceeds 50 but not more than 200 except when the employer does not maintain hazardous work places, in which case the services of a graduate first-aider shall be provided for the protection of the workers, where no registered nurse is available. The secretary of Labor and Employment shall provide by appropriate regulations the services that shall be required where the number of employees does not exceed 50 and shall determine by appropriate order hazardous work places for purposes of this Article;

“(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic, when the number of employees exceeds 200 but not more than 300 and;

“(c) The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity for every 100 employees, when the number of employees exceeds 300. xxx” (Emphases supplied)
Applying the aforementioned law in your situation, your family, as the employer has the duty to furnish your 350 employees with free medical and dental attendance and facilities by providing them services of a full-time physician, dentist and a full-time registered nurse, as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity for your every 100 employees.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net