Rights and Privileges of Disabled Persons PDF

Rights and Privileges of Disabled Persons J U L I U S J A Y P. D O M I N G O L A U R E N C E J AY G. V I L L A R I N A V I N C E C HR I ST I AN D. D E ASI S EMPLOYMENT Disabled persons are those suffering from restriction or different abilities, as a result of a mental, physical or se...

Rights and Privileges of Disabled Persons J U L I U S J A Y P. D O M I N G O L A U R E N C E J AY G. V I L L A R I N A V I N C E C HR I ST I AN D. D E ASI S EMPLOYMENT Disabled persons are those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, which renders them unable to perform an activity in the manner or within the range considered for a human being. Sec. 5 Equal opportunity for Employment – Np disabled person 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 (Chan Virtual Law Library). Five percent of all casual, emergency, and contractual positions in the Departments of Social Welfare and Development; Health, Education, Culture and Sports; other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons.  Sec. 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. Sec. 7 Apprenticeship – Subject to the provisions of the labor code as amended disabled persons shall be eligible as apprentices or learners: provided that their handicap is not as much to as effectively impede the performance of job operations in the particular occupation for which they are hired; provided, further, that after the period of apprenticeship elapse, if found satisfactory in terms of job performance, they shall be eligible for employment.  Sec. 8 Incentives for Employers – (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 employees, apprentices or learners, shall be entitled to an additional deduction for their gross income, equivalent to twenty-five percent (25%) space 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 persons are under their employ. Provided, Further, that the Department of Health as to his disability, skills, and qualifications.  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 fifty (50) of the direct costs of the improvements or modifications. This section, however, does not apply to improvements or modification of facilities required under the Batas Pambansa Bilang 344 (Chan Robles Virtual Law Library) Sec. 9 Vocation 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 potentials of disabled persons that enable them to compete favorably for available productive remunerative employment opportunities in the labor market.  The state shall also take measures to ensure the provision of vocational rehabilitation and livelihood services for disabled persons in rural areas. In addition, it shall promote cooperation and coordination between government and nongovernmental organizations 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 to engage in livelihood activities or obtain gainful employment. The Department of Labor and Employment shall likewise design and conduct training programs geared toward providing disabled persons with skills for livelihood. Sec. 10 Exexutive Order no. 261 Vocational Guidance and Counseling - implement measures providing and evaluating vocational guidance and counselling to enable disabled persons to secure, retain, and advance in employment. It shall ensure the availability and training for counsellors and other suitably qualified staff responsible for the vocational guidance and counselling of disabled persons (Chan Robles Virtual Law Library). Sec. 11 Implementing Rules and Regulation – The Department of Labor and Employment shall, In coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of the Disabled Persons (NCWDP), promulgate the rules and regulations necessary to implement the provisions under this chapter (Chan Robles, 2006) Thank you for listening!