Article 27Labor and Agrarian Laws and Social Legislation, p. 27

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

through workshops providing special facilities,

income-producing

projects

or

homework

schemes

with

a

view

to

giving

them

the

opportunity to earn a living thus enabling them

to acquire a working capacity required in open

industry;

j) Auxiliary Social Services are the supportive activities

in

the

delivery

of

social

services

to

the

marginalized sectors of society;

k) Marginalized Disabled Persons refer to persons

with disability who lack access to rehabilitative

services

and

opportunities

to

be

able

to

participate fully in socioeconomic activities and

who have no means of livelihood and whose

incomes fall below the poverty threshold;

l) 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

judgment as to what functions of a job are

essential, 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;

m) Readily Achievable means a goal can be easily

attained and carried out without much difficulty

or expense. In determining whether an action is

readily

achievable,

factors

to

be

considered

include —

1) the nature and cost of the action;

2) the overall financial resources of the facility or

facilities involved in the action; the number of

persons employed at such facility; the effect

on expenses and resources, or the impact

otherwise of such action upon the operation

of the facility;

3) the overall financial resources of the covered

entity with respect to the number of its

employees; the number, type and location of

its facilities; and

4) the type of operation or operations of the

covered entity, including the composition,

structure and functions of the work force of

such

entity;

the geographic separateness,

administrative or fiscal relationship of the

facility or facilities in question to the covered

entity.

n) Public Transportation means transportation by air,

land

and

sea

that

provides

the public with

general

or

special

service

on

a regular and

continuing basis;

o) Covered Entity means an employer, employment

agency,

labor

organization

or

joint-labor

management committee; and

p) Commerce shall be taken to mean as travel, trade,

traffic,

commerce,

transportation,

or

communication among the provinces or between

any foreign country or any territory or possession

and any province.

TITLE TWO Rights and Privileges of Disabled

Persons

CHAPTER 1 Employment

SECTION 5. Equal Opportunity for Employment . —

No person with disability 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.

At

least

one

percent

(1%) of all positions in all

government agencies, offices or corporations shall be

reserved for persons with disability: Provided, That private

corporations

with

more

than

one

hundred

(100)

employees

are

encouraged

to

reserve

at

least

one

percent (1%) of all positions for persons with disability.

(Amendment to R.A. No. 7277 (Magna Carta for Persons

with Disability) Re: Positions Reserved for Persons with

Disability, Republic Act No. 10524, [April 23, 2013]) .

SECTION 6. Sheltered Employment — If suitable

employment for persons with disability 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

persons

with

disability

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

provisions of the Labor Code as amended, persons with

disability 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.

SECTION

8.

Incentives

for Employers . — a) To

encourage the active participation of the private sector in

promoting the welfare of persons with disability and to

ensure gainful employment for qualified persons with

disability, adequate incentives shall be provided to private

entities which employ persons with disability.

b) Private entities that employ persons with disability

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 persons with

disability: Provided, however , That such entities present

proof as certified by the Department of Labor and

Employment that persons with disability 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

improve

or modify their

physical

facilities

in

order

to

provide

reasonable

accommodation for persons with disability 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.

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 potentials of persons with

disability 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

provision

of

vocational

rehabilitation

and

livelihood

services for persons with disability in the rural areas. In

addition, it shall promote cooperation and coordination

between

the

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 persons with disability with vocational skills to

enable them to engage in livelihood activities or obtain

© Compiled By RGL

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