Legal Advisory in Persons with Disability in terms of

Employment/Work

Across the world, people with disabilities are entrepreneurs and self-
employed workers, farmers and factory workers, doctors and teachers,
shop assistants and bus drivers, artists, and computer technicians (1).
Almost all jobs can be performed by someone with a disability, and given
the right environment; most people with disabilities can be productive. But
as documented by several studies, both in developed and developing
countries, working age persons with disabilities experience significantly
lower employment rates and much higher unemployment rates than
persons without disabilities (29). Lower rates of labour market
participation are one of the important pathways through which disability
may lead to poverty.

More Job Opportunities Sought for Many PWDS

There are people who supports group for persons with disability
(PWD) where they appealed to the local government (of Davao city) and
Department of Labor and Employment. They have found out that there are
more than 2,000 registered PWDS, but only 200 or 10% are employed
both public and private sectors. Few who are regular because many of
them are in job order or contractual sometimes like who worked as an
encoder, they can do even in a simple thing like opening the door, greet the
customers they can do it.

But there are times that they themselves as an individual has a low
self esteem because of their conditions and even their families are
ashamed of it that they have a family who is a PWD. The result is mentality
of the society among PWDs affect the perception of PWDs to themselves.
The low self esteem of these people affects their capability to look for jobs
and to perform in their jobs.
Once said event, A Convention in a Hotel in Davao City, states that they
carry a PWD upstairs because they have no ramp and elevator. This time
is high time for government and private sector coordinate to address the
employment problem among PWDs by intensifying the implementation of
laws designed to empower PWDs.

I. Legal Basis of Conventions of Persons with Disability

I. In an international basis Article 27 the United Nations Convention on the

Rights of Persons with Disabilities (CRPD) recognizes the right of persons
with disabilities to work, on an equal basis with others; this includes the
opportunity to gain a living by work freely chosen or accepted in a labour
market and work environment that is open, inclusive and accessible to
persons with disabilities

According to the Conventions on the Rights of Persons with Disability

To enable persons with disabilities to live independently and participate
fully in all aspects of life, States Parties shall take appropriate measures to
ensure to persons with disabilities access, on an equal basis with others, to
the physical environment, to transportation, to information and
communications, including information and communications technologies
and systems, and to other facilities and services open or provided to the
public, both in urban and in rural areas.

Furthermore, the CRPD (Convention on the Rights of Persons with

Disabilities (United Nations) prohibits all forms of employment
discrimination, promotes access to vocational training, promotes
opportunities for self-employment, and calls for reasonable accommodation
in the workplace, among other provisions. A number of factors impact labor
market outcomes for persons with disabilities including; productivity
differentials; labor market imperfections related to discrimination and
prejudice, and disincentives created by disability benefit systems.
 Section 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.

Section 6. Apprenticeship 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.

To address labor market imperfections and encourage the

employment of people with disabilities, many countries have laws
prohibiting discrimination on the basis of disability. Enforcing anti-
discrimination laws is expected to improve access to the formal economy
and have wider social benefits. Many countries also have specific
measures, for example quotas, aiming to increase employment
opportunities for people with disabilities (20). Vocational rehabilitation and
employment services job training, counselling, job search assistance, and
placement can develop or restore the capabilities of people with
disabilities to compete in the labour market and facilitate their inclusion in
the labour market. At the heart of all this is changing attitudes in the
workplace .

In National Council on Disability AffairsTowards Full Participation

and Equality of Rights and Opportunities for Persons With Disabilities
there then stated in Title two of the Rights and privileges of disabled
persons that No disable 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.

As enunciated in the Magna Carta for Disabled Persons, persons with

disability have the same rights as other people to take their proper place in
society. They should be able to live freely and as independently as
possible. This must be the concern of everyone, the family, community and
all government and non-government organizations (Section 2, Republic Act
No. 7277).

The Local Government of City of Davao created an ordinance

promulgated to create Persons with Disability Affairs Office (PDAO) to
serve as a structural organization, general information and liaison center for
persons with disability for the purpose of properly implementing the rights
and privileges afforded to the latter by the Constitution and such other
pertinent special laws.

There is hereby created Persons with Disability Affairs Office (PDAO)

in Davao City, under the direct supervision of the City Mayors Office. Such
creation shall be relative to the plans, programs, projects and activities for
PWDs to ensure the integration and participation of the latter in the
formulation and implementation of policies directly affecting their welfare.To
plan, implement and monitor yearly programs and projects in pursuance of
the objectives stipulated in Republic Act No. 7277, otherwise known as the
Magna Carta for Disabled Persons, Batas ambansa Blg. 344, otherwise
known as the Accessibility Law, and other pertinent national and local laws
governing and concerning PWDs and lastly to become an advocate for the
opportunity and accessibility of persons with disability in education,
employment, health services, socio-civic, cultural and sports programs of
the City,
 Study Conducted for Persons with Disabilities

In the study conducted by Employment of Persons with Disabilities

(PWDs) in the Philippines: The Case of Metro Manila and Rosario,
Batangas by Christian D. Mina of Philippine Institute for Development
Studies Surian sa mga Pag-aaral Pangkaunlaran ng Pilipinas.The
proportion of employed PWDs in the urban area is slightly higher (58.3%)
than that in the rural area (41.9%). More than half of those with
job/business were still looking for additional work to be able to augment
their income. This is particularly evident in the urban area (Table 1). Others
even tried to get secondary jobs or engaged themselves in informal and/or
small-scale businesses such as operating a sari-sari store, e-load retail
business, charcoal or ice vending, among others.

Unemployment rate among PWDs in the rural area is relatively higher

than that in the urban area. Many of these PWDs, however, were looking
and available for work. Others, although not actively looking for work, said
they were available and willing to take up work if opportunity would exist.
On the other hand, majority (84%) of those with no job/business in the rural
area were not looking for work. Having permanent disability appeared to be
the most common reason for being economically inactive. Parents and/or
other family members of those PWDs do not allow their disabled members
to seek employment. Pessimism and lack of self-esteem also prevent other
PWDs from exerting an effort to get into the mainstream employment.
Many of them believed that no work is available for them while a few others
mentioned that they are shy to go out and interact with other people.

This is one of the recommendation of the researcher pertaining in

addressing the problems of PWDs .Ultimately, there should be a stricter
implementation of the laws and policies pertaining to employment of PWDs.
One is Section 5 of Republic Act (RA) No. 7277 that requires government
organizations engaged in social development such as DSWD, DOH,
DepEd, among others, to reserve 5 percent of all their casual, emergency
and contractual positions for PWDs. Possible amendment to this is the
allotment of a certain percentage of permanent positions for PWDs. This is
essential for PWDs who want job security and for the employed ones to be
entitled to medical, leave and other benefits. Another is the provision of
incentives to private employers to ensure gainful employment for PWDs, as
stipulated in Section 8 of RA No. 7277. It is important to ensure that
incentives are properly provided to employers that comply with this policy.
Implementation of other sections of RA No. 7277 should also be observed
such as ensuring the safety of PWDs within their working environment as
well as ensuring that public infrastructure are more PWD-friendly. It is thus
essential for the government to allocate sufficient amount of funds, or
explore alternatives such as public-private partnership (PPP), on the
improvement of not only rural infrastructure but also infrastructure in urban
areas, especially the public transport system.
 IV: Conclusion

Conventions,Laws, and other provision have its impact to Persons

with disability.it help them to boost their social,Entrepreneurial,and other
skills through the endeavor of different organizations. Those organization
shall lessen the working hours or at least they can work for 5 hours a day of
the employed PWD and still earn a minimum wage through that they can
really benefit and at the same time take care of their wellness.and the
paramount aspect in this laws and conventions that was created by the
government and different organizations is that this has to be well and
strictly implemented.
 COLLEGE OF LEGAL EDUCATION

A Legal Advisory For Persons with Disability

Submitted to : Atty. Janer Sanchez

Submitted By: Nikka Razcel G.Gloria / LE 104

Submitted to : Atty. Janer Sanchez

Submitted by : Albert Abayon