Labor Code · Employees Compensation and State · Chapter IX – Records, Reports and Penal Provisions
Notice of Sickness, Injury or Death
Formerly Article 206 before the 2015 renumbering — court decisions before 2015 cite it this way.
Notice of sickness, injury or death shall be given to the employer by the employee or by his dependents or anybody on his behalf within five days from the occurrence of the contingency. No notice to the employer shall be required if the contingency is known to the employer or his agents or representatives.
See also ECC Resolution No. 2127, which lists situations wherein notice to the employer is no longer required, such as: (1) When the employee suffers the contingency within the employer’s premises; (2) When the employee officially files an application for leave of absence by reason of the contingency from which he suffers; (3) When the employer provides medical services and/or medical supplies to the employee who suffers from the contingency; (4) When the employer can be reasonably presumed to have knowledge of the employee’s contingency, in view of the following circumstances: (4.1) The employee was performing an official function for the employer when the contingency occurred; (4.2) The employee’s contingency has been publicized through mass media outlets; or (4.3) The specific circumstances of the occurrence of the contingency have been such that the employer can be reasonably presumed to have readily known it soon thereafter; and (4.4) Any other circumstances that may give rise to a reasonable presumption that the employer has been aware of the contingency.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.