Article 82Coverage

The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to R.A. No. 7277 (1992), Magna Carta for Disabled Persons, as amended by R.A. No. 9442, has affected certain provisions on handicapped workers under this Chapter.

Section 4 (a), Chapter I, Title I of R.A. No. 7277 defines "disabled persons" as "those suffering from restriction of 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." Section 5 (Equal Opportunity for Employment, Chapter I, Title II of R.A. No. 7277 provides that "[n]o 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. 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." Superseded by Section 7 (Apprenticeship), Chapter I, Title II of Disabled Persons, of R.A.

No. 7277, which provides: "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." government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.

As used herein, "managerial employees" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. 69 "Field personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.