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DOLE to Employers: Uphold PWD Rights
All employees with disability are entitled to all rights and benefits granted under the Labor Code of the Philippines.
This was reiterated by Labor Secretary Silvestre Bello III when he issued Labor Advisory No. 14, series of 2018 which mandates employers to grant their qualified workers with disability the rights and privileges mandated by the Labor Code.
”All qualified employees with disability shall be entitled to all the rights and benefits granted under the Labor Code of the Philippines, as amended, unless otherwise expressly provided. Employers are not prohibited from granting such other benefits above and beyond the minimum requirements of the Law,” Bello said.
Workers with disabilities must also be mandatorily covered under the Social Security System, PhilHealth and Pag-IBIG, whenever applicable.
In addition to the service incentive leave under the Labor Code, as amended, PWD employees are also entitled to Maternity Leave (RA 1161, as amended by RA 8262), Paternity Leave (RA 8187), Solo Parent Leave (RA 8972), the Violence Against Women and their Children (VAWC) Leave (RA 9262), and Special Leave for Women (RA 9710).
The Magna Carta for Disabled Persons, or Republic Act No. 7277 prescribes that “no disabled persons shall be denied access to opportunities for suitable employment, and that 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.”
The Implementing Rules and Regulations of RA 7277 mandates the Department of Labor and Employment, in coordination with the local government units, private corporations, and Public Employment Service Office, to facilitate access of PWDs to employment opportunities through the conduct of job fairs, career guidance, job coaching, and other employment facilitation services. (DOLE)