CHAPTER 1

Introduction

Situation Analysis

A disability is any continuing condition that restricts everyday activities. The Disability

Services Act (1993) defines ‘disability’ as meaning as to which is attributable to an intellectual,

psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those

impairments.

Persons with Disabilities (PWD) are those who have long-term physical, mental,

intellectual or sensory impairments which in interaction with various barriers may hinder their

full and effective participation in the society on an equal basis with other normal people. Many

PWD’s wanted to have a job but are afraid to be rejected and criticized because of their situation.

According to The Ministry of Women, Family, and Community Development, these PWDs are

categorized into seven types of disabilities namely but not limited to hearing impairment, vision

impairment, speech impairment, learning disabilities, physical disabilities, mental, and multiple

disabilities.

Opportunity and participation of persons with disabilities (PWDs) in the workforce is still

a challenge for other people who have disabilities. Based on Malaysia’s Persons with Disabilities

Act of 2008 (Act 685), “persons with Disabilities include those who have long-term physical,

mental, intellectual, or sensory impairments which in interaction with various barriers, may

hinder their full and effective participation in society”. Through this act, it is aspired to provide

optimism and hope to PWDs (Islam, 2015), to ensure equal opportunity for them (Annuar

Aswan, Mohd Faizal & Abdul Razak, 2017), could improve their quality of life as well as secure
their human rights (Hirwan Jasbir, Harlida Abdul Wahab, & Hamiza Omar, 2013; Ang, 2014)

and to take care of PWDs welfare and well-being.

In developing countries, 80% to 90% of persons with disabilities of working age are

unemployed, whereas in industrialized countries the figure is between 50% and 70%. (‘Disabled

still face hurdles in job market’, The Washington Times, 5 December 2005)

In most developed countries, the official unemployment rate for persons with disabilities

of working age is at least twice that for those who have no disability.

In Europe there are approximately 40 million persons with disabilities, and of these 43%

to 54% were of working age in 1998. Persons with disabilities are two to three times more likely

to be unemployed than others. (EUROPS, ‘The ability to work’, 1998)

In Austria in 2005, about 91,000 persons with disabilities were registered, of whom about

two thirds were employed and some 31,000 economically inactive or mostly unemployed.

(European Foundation for the Improvement of Living and Working Conditions, ‘Number of

disabled people in employment remains low’, 2006)

In Greece, according to the Survey on People with Health Problems or Disability (second

semester of 2002) by the National Statistical Service, the unemployment rate for persons with

disabilities is 84%. (International Disability Rights Monitor, ‘Regional Report of Europe’,

2007).

In Bulgaria, a research on persons with disabilities conducted in 2005 by the National

Statistical Institute showed that only 13% of the interviewees at working age 16 to 64 years were

employed. (International Disability Rights Monitor, ‘Regional Report of Europe’, 2007)

 In Estonia, the 2002 National Statistical Report showed that only 25% of persons with

disabilities between the ages of 16 and 65 were employed. (International Disability Rights

Monitor, ‘Regional Report of Europe’, 2007)

In Asia and the Pacific (North America & South America), there are 370 million persons

with disabilities, 238 million of them of working age. Their unemployment rate is usually double

that of the general population and often as high as 80% or more.

In Latin America and the Caribbean about 80-90% of persons with disabilities are

unemployed or outside the work force. Most of those who have jobs receive little or no monetary

remuneration. (World Bank, ‘Disability and inclusive development: Latin America and the

Caribbean’, 2004) In Argentina the unemployment rate of persons with disabilities is estimated

to be close to 91%. (World Bank, ‘Disability and inclusive development: Latin America and the

Caribbean’, 2004)

In Brazil of the approximately 24.5 million persons with disabilities in 2000, some 78.7%

said they had a maximum of seven years of schooling. One out of 10 worked with an official

labour contract and nearly two out of every ten were self-employed, according to census data.

Since 2001, more than 55,000 persons with physical disabilities have entered the labour market.

(‘Brazilian companies recruit disabled workers to comply with law’, EFE News Service, 16

October 2006) 30% of persons with disabilities receive less than the minimum wage.

(International Disability Rights Monitor, ‘Regional Report of the Americas’, 2004)

In Canada, the unemployment rate for persons with disabilities is 26%, over five times

higher than the 5% rate for persons without disabilities. (International Disability Rights Monitor,

‘Regional Report of the Americas’, 2004)

 In Chile, only 25.1% of persons with disabilities have some form of employment, in

comparison to 51.6% of the general population. (International Disability Rights Monitor,

‘Regional Report of the Americas’, 2004)

In Costa Rica, according to estimates by disability organizations, the unemployment rate

is around 65%. (International Disability Rights Monitor, ‘Regional Report of the Americas’,

2004)

In China, the estimated number of persons with disabilities is 83 million, accounting for

about 6.3% of the country’s population. (‘China Marks Help-The Disabled Day’,

CRIENGLISH.com, 20 May 2007) Approximately 83.9% of persons with disabilities were

employed in 2003. (International Disability Rights Monitor, ‘Regional Report of Asia’, 2005)

In India, according to the 2001 census, 21.9 million people or 2.13% of the country’s

population are persons with disabilities. (‘The disabled trip up on Job Street’, The Economic

Times, 19 August 2005) 74% of persons with physical disabilities and 94% of persons with

mental retardation are unemployed. (International Disability Rights Monitor, ‘Regional Report

of Asia’, 2005).

In the Philippine setting, according to the 2000 National Population Census of the

National Statistics Office, the population of persons with disabilities was 942,098, or 1.23% of

the total population of 76,504,077. (International Disability Rights Monitor, ‘Regional Report of

Asia’, 2005) of the total population of persons with disabilities, 57.12% are employed, compared

to 82.3% of the general population. (International Disability Rights Monitor, ‘Regional Report

of Asia’, 2005)
 According to the Department of Labor & Employment (DOLE), they reminded

employers that all employees with disability are entitled to all rights and benefits granted under

the Labor Code of the Philippines.

The Labor Secretary Silvestre Bello III earlier 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. ILS Technical Learning Sessions: A Testimony of a

Filipino PWD at Work by Mr. Abner Manlapaz, President of the Life Haven Independent Living

Center for PWD’s. In a statement, the labor chief said 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.

Under his advisory, he stated that workers with disabilities must also be mandatorily

covered under the Social Security System, PhilHealth and PAG-IBIG, whenever it is applicable.

He also stated that “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

advisory stated.

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. (PIA-NCR)

The program “Tulong at Alalay sa Taong may Kapansanan (TULAY)” is a special

program for Persons with Disabilities (PWD) whose main objective is to assist in the integration

of persons with disabilities into the society by providing them access to training and employment

opportunities both in the formal and informal sector. Recruitment assistance to employer both for

local and overseas employment. This program ensures the prompt, timely and efficient delivery

of employment service and other provision of information on the other DOLE programs. Provide

a venue where people can explore simultaneously various employment options and actually seek

assistance they prefer. But even if there are such programs or acts for PWD’s regarding to the

employability, there are still a big population of PWD’s that unaware of the existence of the

programs and acts. Employment rates for people with disabilities remain far lower than for

people without disabilities. Not only do PWD’s experience lower rates of employment, they also

obtain less full-time employment than their counterparts without disabilities in comparison with

those without disabilities have experienced a disproportionate share in the growth of part-time

work (Yelin 1997).

 In the Municipality of Naguilian, La Union to address possible solutions in

discrimination and unemployment of PWDs the Municipality adopt the RA 10070 or an Act

Establishing Institutional Mechanism to Ensure the Implementation of every Programs and

Services for the PWDs in Every Provinces and Municipalities. The Municipality of Naguilian

create the Municipal Ordinance 2015-2003 to establish the Persons with Disability Affairs Office

(PDAO) in the Municipal Social Welfare Services. The main duties of the creation of PDAO is

to implement programs and projects as stipulated to the Magna Carta of PWDs and National/

Local laws governing and concerning the PWDs in all aspects including employment and

discrimination.

In this study you will know about PWD’s, on how they get their job despite of their

condition, effects of employing a Person with Disability. As a PWD, it is hard for them to be

rejected and not fairly treated in their workplace if they have. Also, they will become more aware

of the challenges they went through while seeking for a job. With the above discussion and

observations, the researchers made up their mind to go through the research on their

Employability.