PWD Employment Rights and Privileges

As per RA 7277 or the Magna Carta for Persons with Disabilities

What kinds of employment should be made available for PWDs?
Section 5 Equal Opportunity for Employment
No PWD shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person.

Five percent (5%) of all casual, emergency and contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons.

SECTION 6 Sheltered Employment
If suitable employment for disabled persons cannot be found through open employment as provided in the immediately preceding Section, the State shall endeavor to provide it by means of sheltered employment. In the placement of disabled persons in sheltered employment, it shall accord due regard to the individual qualities, vocational goals and inclinations to ensure a good working atmosphere and efficient production.

SECTION 7 Apprenticeship
Subject to the provision of the Labor Code as amended, PWDs shall be eligible as apprentices or learners; Provided, That their handicap is not much as to effectively impede the performance of job operations in the particular occupation for which they are hired; Provided, further, That after the lapse of the period of apprenticeship if found satisfactory in the job performance, they shall be eligible for employment.

What are the Incentives for Employers who Hire PWDs?
SECTION 8 Incentives for Employer
(a) To encourage the active participation of the private sector in promoting the welfare of disabled persons and to ensure gainful employment for qualified disabled persons, adequate incentives shall be provided to private entities which employ disabled persons.

(b). Private entities that employ disabled persons who meet the required skills or qualifications, either as regular employee, apprentice or learner, shall be entitled to an additional deduction, from their gross income, equivalent to twenty-five percent (25%) of the total amount paid as salaries and wages to disabled persons:

Provided, however, That such entities present proof as certified by the Department of Labor and Employment that disabled person are under their employ.

Provided, further, That the disabled employee is accredited with the Department of Labor and Employment and the Department of Health as to his disability, skills and qualifications.

(c). Private entities that improved or modify their physical facilities in order to provide reasonable accommodation for disabled persons shall also be entitled to an additional deduction from their net taxable income, equivalent to fifty percent (50%) of the direct costs of the improvements or modifications. This section, however, does not apply to improvements or modifications of facilities required under Batas Pambansa Bilang 344.

Responsibilities of Government Agencies
SECTION 9 Vocational Rehabilitation
Consistent with the principle of equal opportunity for disabled workers and workers in general, the State shall take appropriate vocational rehabilitation measures that shall serve to develop the skills and potential of disabled persons and enable them to compete favorably for available productive and remunerative employment opportunities in the labor market.

The State shall also take measures to ensure the provisions of vocational rehabilitation and livelihood services for disabled persons in the rural areas. In addition, it shall promote cooperation and coordination between the government and non-government organization and other private entities engaged in vocational rehabilitation activities.

The Department of Social Welfare and Development shall design and implement training programs that will provide disabled persons with vocational skills to enable them to engage in livelihood activities or obtain gainful employment.

The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing disabled persons with skills for livelihood.
SECTION 10 Vocational Guidance and Counseling
The Department of Social Welfare and Development shall implement measures providing and evaluating vocational guidance and counseling to enable disabled persons to secure, retain and advance in employment.

It shall ensure the availability and training counselors and other suitability qualified staff responsible for the vocational guidance and counseling of disabled persons.

=========

For more information, call the following agencies:
NCDA- (632) 951-6401 Fax: (632) 951-6033
DSWD- (632)931-8101 to 07
DOLE- 908-2917

Click here for a comprehensive copy of RA 7277 and its implementing rules and regulations