Rights every working PWD should know about
You have the right to be employed in the same way as able-bodied people are as long as you can perform the work.Section 5 states that no disabled persons shall be denied access to opportunities for suitable employment. They are subject to the same terms and conditions of employment, compensation, privileges, benefits, and/or allowances like that of an able-bodied person. Five percent (5%) of casual, emergency and contractual positions shall be reserved for PWDs in government agencies, offices or corporations engaged in social development.
“No disabled persons 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.”If you're interested to work for the government, check out our government job posts on Kalibrr.
You have the right to be provided work that accommodates your disability.In Section 6, it states that if suitable employment for disabled persons cannot be found through open employment as stated in the preceding section, the State shall work 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. Sheltered employment is an arrangement where those who aren't capable of working in a competitive setting are provided with work in work sites or centers exclusive to PWDs. The work usually involves vocational programs. As stated here, the State is responsible for providing such centers if some PWDs experience a lack of opportunities and suitable employment. The end goal is to enable them to work in integrated work spaces. Moreno Valley Disability Attourney)">
You have the right to be hired as an apprentice if you are able to perform the job.From Section 7, as subject to the provision of the Labor Code, disabled persons shall be eligible as apprentices or learners, if their handicap will not so much hinder the performance of the job for which they are hired. If after the period of apprenticeship, their performance was found satisfactory, they shall be eligible for employment.
“Subject to the provision of the Labor Code as amended, disabled persons 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.”
You have the right to be trained in order to develop skills for employment.Section 9 states that the State shall take appropriate vocational rehabilitation measures for disabled workers and workers in general to develop their skills, and enable them to compete for available productive and beneficial employment opportunities in the labor market, including disabled persons in the rural areas.
“The Department of Social Welfare and Development (DSWD) 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.”On their site, DSWD has a list of Rehabilitation Sheltered Workshops where they provide vocational training as well as social rehabilitation and skills training. They list down what kinds of trainings are available in each center, such as massage, handicraft, dressmaking, and canteen management. jamediasolutions.com)">
You have the right to be trained for advancement in employment.Section 10 states that the DSWD shall provide evaluating vocational guidance and counselling to disabled persons in order to secure, retain, and advance them in employment.
“[DSWD] shall ensure the availability and training counsellors and other suitability qualified staff responsible for the vocational guidance and counselling of disabled persons.”Aside from these, PWDs also have the right to supporting aids and services in and out of the workplace, which are listed in Chapter 1, Section 5 of Republic Act 7277. Some relevant ones to those who are employed are the following:
- acquisition or modification of equipment or devices;
- other similar services and actions or all types of aids and services that facilitate the learning process of people with mental disability;
- Reasonable Accommodation include (1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and (2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provisions of auxiliary aids and services, and other similar accommodations for disabled persons
Qualified Individual with a Disability shall mean an individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer’s judgement as to what functions of a job are important, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;Those who employ PWDs also have their own incentives, as cited in Section 8 below.