Magna Carta for Persons with Disability

Section 5

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

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

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

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

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 gainful employment. The Department of Labor and Employment shall likewise design and conduct training programs geared towards providing persons with disability with skills for livelihood.

Section 10

The Department of Social and Welfare and Development, shall implement measures providing and evaluating vocational guidance and counseling to enable persons with disability to secure, retain and advance in employment. It shall ensure the availability and training of counselors and other suitably qualified staff responsible for the vocational guidance and counseling of persons with disability.

Section 11

The Department of Labor and Employment shall in coordination with the Department of Social Welfare and Development (DSWD) and National Council for the Welfare of the Disabled Persons (NCWDP) shall promulgate the rules and regulations necessary to implement the provisions under this Chapter.