Module 3.3 Handicapped Workers Atty. Harve B. Abella, Esq.
Art. 78 Definition <ul><li>HANDICAPPED WORKERS </li></ul><ul><li>Those whose earning capacity is impaired by age or physical or mental deficiency or injury, disease or illness. </li></ul><ul><li>NB: </li></ul><ul><li>There must be a link between deficiency and the work which entitles the employer to lessen the worker’s wage. IF THE DISABILITY OF THE PERSON IS NOT IN ANY WAY RELATED TO THE WORK FOR WHICH HE WAS HIRED, HE SHOULD NOT BE SO CONSIDERED AS A HANDICAPPED WORKER. </li></ul>
HANDICAPPED WORKER (Art. 78, LCP) HANDICAPPED PERSON (RA 7277 Magna Carta for Disabled Persons Those whose earning capacity is impaired by age or physical or mental deficiency or injury Those suffering from restriction or 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.
Art. 79 When Employable <ul><li>Their employment is necessary to prevent curtailment of employment opportunities </li></ul><ul><li>It does not create unfair competition in labor costs or impair or lower working standards </li></ul><ul><li>HANDICAPPED WORKERS MAY BECOME REGULAR EMPLOYEES </li></ul><ul><ul><li>Subject to the provisions of the LCP, HW may be hired as regular workers, apprentices or learners IF their handicap is not such as to effectively impede the performance of the operations in the particular occupations which they were hired. </li></ul></ul>
Equal Opportunity for Employment <ul><li>Sec. 5, RA 7277 </li></ul><ul><li>No disabled person shall be denied access to opportunities for suitable employment. Qualified disabled employees 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 </li></ul><ul><li>DURATION OF EMPLOYMENT </li></ul><ul><ul><li>No minimum, no maximum. Dependent on agreement but it is necessary that there is a specific duration </li></ul></ul>
Private Entities entitled to incentives <ul><li>P.E. are entitled to an additional deduction from their gross income, equivalent to 25% of the total amount paid as salaries and wages to disable persons, provided that legal requirements for entitlement to the incentives are complied with. </li></ul>
Art. 80 Employment Agreement – handicapped workers <ul><li>The names and addresses of the employer and the handicapped worker </li></ul><ul><li>The rate of pay of the handicapped worker which shall not be less than 75% of the legal minimum wage </li></ul><ul><li>The nature of work to be performed by the handicapped worker </li></ul><ul><li>The duration of employment </li></ul>
Art. 81Eligibility for Apprenticeship <ul><li>*ELIGIBLE IF </li></ul><ul><ul><li>Their handicap is such that it does not impede the performance of job operations in the particular trade or occupation which is the subject of the apprenticeship or learnership program. </li></ul></ul><ul><ul><li>The disability must be related to the work for which he was hired, otherwise, he is not considered as handicapped or a disable worker. </li></ul></ul>
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