7. Persons with Disability (RA 7277, as amended by RA 10524)

2. Persons with disabilities

a. R.A. No. 7277 as amended by R.A. No. 9442, R.A. No. 10070 and R.A. No. 10524

PERSONS WITH DISABILITY (R.A. No. 7277, as Amended by R.A. No. 9442)

Persons with Disability are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.

Impairment refers to any loss, diminution or aberration of psychological, physiological, or anatomical structure or function.

Disability means:

• A physical or mental impairment that substantially limits one or more psychological, physiological or anatomical functions of an individual or activities of such individual;
• A record of such an impairment; or
• Being regarded as having such an impairment.

Handicap refers to a disadvantage for a given individual, resulting from an impairment or a disability that limits or prevents the function or activity that is considered normal given the age and sex of the individual.

Employment Agreement; Contents

• Names and addresses of the employer and the handicapped worker
• Qualified employees with disabilities are entitled to the same compensation as qualified employees without disabilities (RA 7277, Sec. 5). The former 75%-of-minimum-wage provision does not authorize reduced pay on the basis of disability. Apprenticeship and learnership are governed by their applicable rules (RA 7277, Sec. 7).
• Nature of work to be performed by the handicapped worker
• Duration of the employment (Labor Code, Art. 80)

Equal Opportunity for Employment

No disabled person shall be denied access to opportunities for suitable employment. Qualified disabled employees shall be subject to same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person

What are the rights of PWDs?

Under the law, PWDs are entitled to equal opportunity for employment. Consequently, no PWD shall be denied access to opportunities for suitable employment. A qualified employee with disability 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.

What is the rule on discrimination against employment of PWDs?

No entity, whether public or private, shall discriminate against a qualified PWD by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment. (RA 7277, Sec. 32)

The following constitute acts of discrimination:

• Limiting, segregating or classifying a job applicant with disability in such a manner that adversely affects his work opportunities;
• Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out a PWD unless such standards, tests or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity;
• Utilizing standards, criteria, or methods of administration that:
• Have the effect of discrimination on the basis of disability; or
• Perpetuate the discrimination of others who are subject to common administrative control.
• Providing less compensation, such as salary, wage or other forms of remuneration and fringe benefits, to a qualified employee with disability, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled;
• Favoring a non-disabled employee over a qualified employee with disability with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;
• Re-assigning or transferring an employee with a disability to a job or position he cannot perform by reason of his disability;
• Dismissing or terminating the services of an employee with disability by reason of his disability unless the employer can prove that he impairs the satisfactory performance of the work involved to the prejudice of the business entity; provided, however, that the employer first sought to provide reasonable accommodations for persons with disability;
• Failing to select or administer in the most effective manner employment tests which accurately reflect the skills, aptitude or other factor of the applicant or employee with disability that such tests purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and
• Excluding PWD from membership in labor unions or similar organizations.

Incentives for Employers (Sec. 8)

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

Private entities that employ disabled persons who met 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 25% of the total amount paid as salaries and wages to disabled persons.

Private entities that improve 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 50% of the direct costs of the improvements or modifications.

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