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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
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. (Section 5, R.A. No. 7277, as amended by Section 1, R.A. No. 10524)
All workers, including persons with disabilities, have the right to gainful employment, as enshrined in the 1987 Philippine Constitution.
The 1987 Constitution provides that:
The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. (Section 3, Article XIII, 1987 Constitution)
To strengthen the rights of persons with disabilities to gainful employment and opportunities for work, Republic Act No. 7277, or the Magna Carta for Persons with Disabilities, as amended, provides for the rights of workers with disabilities.
The law says:
“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.” (Section 5, R.A. No. 7277, as amended by Section 1, R.A. No. 10524)
To ensure that there will be no discrimination of workers with disabilities in the workplaces, the law further provides that:
“At least one percent (1%) of all positions in all government agencies, offices or corporal ions 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.” (Section 5, R.A. No. 7277, as amended by Section 1, R.A. No. 10524)
The case of Bernardo v. NLRC (Bernardo v. NLRC, G.R. No. 122917, July 12, 1999) is instructive:
“The mere fact that a worker has a disability does not make him a disabled worker because his disability may not impair his efficiency or the quality of his work. If despite his disability he can still efficiently perform his work, he would be considered a qualified disabled worker entitled to the same treatment as qualified able-bodied workers.” (Bernardo v. NLRC, G.R. No. 122917, July 12, 1999)
Read also: National Disability Prevention and Rehabilitation Week
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