The Inclusion of PWDs in the workplace

Group 3

Alota, Kathleen
Alota, Shiela
Ang, Danielle
Bejosano, Kathlyn
Diaz, Sarah
Montenegro, Cashmere
Motol, Sybel Anne

April 23, 2019

 LABOR MARKET SITUATION OF PWDS

Work and Employment Of

Persons with Disabilities in the Philippines

Equality in all areas of employment is the overall statement under Article 27 of the
Convention on the Rights of Persons with Disability. Nations that have signed and/or
ratified the Convention have agreed to pursue equality of people with disabilities in all
areas of employment. The Convention, in relation to employment, begins by saying:

“States Parties recognise the right of persons with disabilities to work, on an

equal basis with others; this includes the right to 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.” The CRPD
then says that States Parties will both safeguard and promote the realisation of
our right to work, to include people who acquire a disability during the course
of employment, by taking appropriate steps that include legislation. It also says
States Parties shall pursue a number of additional efforts in relation to people
with disabilities and employment.”

Under the CRPD, persons with disabilities are those who have long-term physical,
mental, intellectual or sensory impairment which, in interaction with various barriers, may
hinder their full effective participation in society on an equal basis with others.

ILO (International Labor Organization)

There are an estimated one billion persons with disabilities globally, with about 80
percent of them living in developing countries.

Despite major gains in recent years, people with disabilities are still at higher risk of
poverty and social exclusion around the world. Largely overlooked in data collection and
policy formulation, people with disabilities are often rendered socially invisible. Around
800 million people with disabilities are of working age, and many of them face significant
obstacles to equal opportunities in the world of work, ranging from attitudinal and physical
to informational barriers.

Consequently, the right of people with disabilities to work and employment is

frequently denied. Disabled persons, particularly disabled women, experience higher rates
of unemployment, economic inactivity and a lack of social protection in comparison to their
non-disabled peers. Alongside the importance of ensuring persons with disabilities attain
their right to work, there are economic and business reasons for inclusion. These include
the benefits to economies as whole, businesses that adopt diverse practices and the
persons with disabilities themselves.

When persons with disabilities have access to decent work, it brings considerable
economic advantages. Developing countries lose up to 7 percent of their gross domestic
product due to the exclusion of persons with disabilities from the labor market. Further,
employers across the world increasingly recognize the benefits of diverse workforces and
employing persons with disabilities.

Mention of disability in 1987 Philippine Constitution

The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available to all
the people at affordable cost. There shall be priority for the needs of the underprivileged, sick,
elderly, disabled, women, and children. The State shall endeavor to provide free medical care
to paupers.” (Philippines 1987, Art. XIII, Sec. 11)

Mandates the establishment of a special agency for persons with disabilities (currently
National Council for the Welfare of Disabled Persons) for their rehabilitation development
and self-reliance, integration into the mainstream of society. [Sec. 13, Art. XIII, 1987
Philippine Constitution]

Comprehensive Law on Anti-Discrimination to PWDs

 Republic Act No. 7277, as amended by RA 9442, An Act Providing for the
Rehabilitation, Self Development and Self-Reliance of Disabled Persons and Their
Integration into the Mainstream of Society and for other Purposes (the “Magna Carta
for Disabled Persons”)

 Republic Act (RA) No. 10524, An Act Expanding the Positions Reserved for PWDs,
amending for the purpose RA No.7277 (Magna Carta for Persons with Disability)

“At least one percent (1%) of all positions in all government agencies, offices or
corporal ions 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.”
Batas Pambansa Bilang 344, the Accessibility Law.

An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings,

Institutions, Establishments and Public Utilities to install Facilities and Other Devices

According to one study conducted in the Philippines, 1,500 employable PWDs, only
34.25% are engaged in paid work. About 22% in the Philippine survey are self-employed
and the rest are homemakers or dependent on other family members for economic
survival.

The International Disability Rights Monitor reported that 57.12% of PWDs are employed
in the country but more than half (30.94%) of this number work in the sectors of
agriculture, forestry, or fisheries.

It has also shown that many employers find PWDs as valuable workers in the organization.
They are found to be loyal, dependable, productive, and cooperative and have shown better
attendance record than their colleagues with no disability. Employing PWDs was also seen
as a fulfillment of an organization’s social responsibility and legal obligations, as well as
widening one’s recruitment market.

Filipino Employer’s Attitudes in hiring persons with Disability

 Table 2 presents the preferences of employers in terms of attributes of a PWD that
will most likely influence them in hiring a PWD-applicant to their company.
Employers favor hiring males (41%), but have similar preferences for females
(28.6%), and for either male or female (30.5%) applicants. Employers also prefer
PWDs for other rank and file positions (51.9%) than for clerical (37.6%) or
managerial (7.6%) posts. More than half of the respondents chose a PWD with
motor disability (56.7%) than any other type of impairment. A PWD with visual
(8.6%) or learning (9.5%) disability is least preferred by employers. Employers are
more likely to hire PWD applicants who are vocational or college-educated (37.6%
and 33.8%, respectively), and they least prefer applicants with no education (1.9%)
or those who have completed elementary levels only (5.2%) when hiring. Majority
favor PWDs with previous work experience (79%) over those with none (20.5%).
The overall mean for the 35 attitude statements is 2.62, suggesting that employers
generally hold a favorable attitude towards PWD workers.

Policies across G20 countries for the labor market inclusion of persons with
disabilities

The experiences of many G20 countries show that a comprehensive policy approach is
required to tackle both the demand and supply side of disability employment as well as to
create enabling environments for persons with disabilities and employers, while at the
same time taking into account the diversity of situations encountered by persons with
disabilities. Indeed, many policy measures are relevant for all persons with disabilities,
whether they seek to enter, stay or re-enter the labor market. These can include non-
discrimination legislation, mandated quotas in employment or training, provision of
workplace adjustments, inclusive public employment services as well as fostering
disability-confident employers who recognize the talent and skills of persons with
disabilities.

A. Demand side: promoting disability inclusion within the private and public sector.

A.1. Private-sector employment- Employing persons with disabilities is understood

to be a part of wider workforce diversity which has concrete economic benefits for
private companies 25 multinational companies form Global Business and Disability
Network with the ILO. The network was established in 2010 and it includes
national-level disability and business networks from, among others, Australia,
Brazil, Canada, Germany, Indonesia, Mexico, Saudi Arabia, South Africa, the UK and
the US as well as different initiatives in China and India. This network showcases the
best practices of companies and promotes a narrative based on the advantages for
business in employing persons with disabilities.
 A.2. Employment in the public sector and use of public procurement

This section provides some best practices from the public sector, which can
play a leading role in the way the strategies for improving employment practices to
support people with disability as employees are developed. "In 2010, the
Executive Order number 13548 in the US aimed to increase the employment of
persons with disabilities in federal agencies by 100,000.3 Furthermore, in 2017, the
U.S. Equal Opportunity Commission issued a final rule according to which each
federal agency must adopt “the goal of having at least 12% of its workforce be
people with disabilities.” Out of these 12%, 2% must be people with targeted
disabilities.4 In addition, Section 503 of the Rehabilitation Act of 1973 prohibits
federal contractors and subcontractors from discriminating against persons with
disabilities in employment and revised regulations have established a nationwide
utilization goal of 7% for qualified individuals with disabilities."

A.3. Entrepreneurship for people with disabilities- Policy makers can effectively
support the self-employment of persons with disabilities by making mainstream
entrepreneurship development schemes more inclusive of persons with disabilities,
eliminating relevant barriers, provide required support and increase
entrepreneurship awareness among and of people with disabilities.

A.4. New approaches for labor market inclusion of persons with disabilities
facing particular challenges- Supported employment is a practice that is
particularly effective for persons with intellectual disabilities and is done through
on-the-job-training in which the person with a disability is supported by a job coach
in their initial period of work, support which will then gradually diminish. The
person with a disability would be employed as any other employee and public funds
would cover the costs of the job coach. For persons with psychosocial disabilities,
Individual Placement and Support (IPS) is a method that has led to some interesting
results, although still in rather small numbers.

B. Supply side: ensuring that persons with disabilities have the skills as demanded by the
labor market

B.1. Promoting disability-inclusive skills development

Inclusive skills development policies that ensure that persons with disabilities, both
women and men, have the same access to the labor market are more cost-effective
and more successful in terms of results than specialized approaches. There are an
increasing number of examples of mainstream vocational training services,
including apprenticeship schemes that include persons with disabilities. "In India,
the Skills Council for Persons with Disability (SCPwD) carries out accreditation of
 training centres throughout the country, including those run by non-governmental
organizations and organizes training for trainers. The SCPwD has prepared a
manual for trainers on the training needs of persons with different disabilities,
which is aligned with the UK standards."

B.2. Vocational rehabilitation for people who acquire a disability

Vocational rehabilitation addresses the situation of persons who acquire a disability

and, due to this, need to undergo rehabilitation to restore and develop their skills
and capabilities to resume their previous job or, if this is not possible, to apply for
other jobs. Vocational rehabilitation is often done by specialized providers alongside
the relevant medical rehabilitation.

B.3. Job placement services: matching the demand and the supply

Public employment services play a key role in providing the required support to job
seekers with disabilities. All in all, they suggest that timely activation is a key policy
tool at the disposal of policy-makers to limit the risk that clients with working
capacity stay for too long in the disability benefit system. It is also essential to
effectively support people with disabilities in their efforts to search for an
occupation adapted to their work capacities.

Several OECD countries, including G20 members, have opted recently for the
implementation of one-stop-shops service provision for people with disability.
Employment and rehabilitation services need to profile their clients in line with the results
of assessments. International experience points to the critical importance of profiling,
provided that it is enough individualized so to effectively bring together all relevant
information of clients, based on medical files, employment history, and any services
hitherto provided. At the same time, the profile should be sufficiently standardized so that
its quality is independent from who had profiled the case and where it had been kept.

When persons with disabilities require more intensive support, it is important to ensure
that there is collaboration between the mainstream employment services and the
specialized services that will provide the required additional support. Collaboration with
universities will also lead to higher chances of including graduates with disabilities in the
labour market.

C. Making the environment more enabling- The policy and social environment has an
impact on the demand and supply side. As some of the relevant issues, as well as inclusive
policies and programmes, have already been addressed, this section will focus on four
issues of particular relevance: (1) Averting stereotypes (2) The legal framework, often
combining anti-discrimination legislation and affirmative action measures (3) Disability
benefits schemes, which should be designed to promote labour market participation. (4)
The role of accessible technology as an enabling factor.

C1. Averting stereotypes- Whereby disability is frequently portrayed as tantamount

to health impairment, remains pervasive. One example of this mind-set is the at-
times frequent use within the laws and by-laws of some jurisdictions of the word
“invalid”. On top of being discriminatory, this terminology underscores an outdated
logic whereby assisting a person with disability is essentially a matter of providing
health treatments and medical rehabilitation. It thus contributes to perpetuate old
stereotypes. To raise awareness towards correcting this bias, a “people first”
language has now become common practice in many advanced G20 countries, in line
with a practice that was initiated by the European Nordic countries and the English-
speaking countries. Particularly, a broad international consensus has emerged for
supporting the expression “person with disability” that all G20 countries could
embrace more systematically in their legal settings.

C.2. Legal framework- G20 countries have led the world in approaches to ensuring
non-discrimination. Most countries have introduced anti-discrimination and
equality legislation to ensure equal treatment of people with disabilities, which
covers the different phases of employment, such as job promotion, hiring, career
development and dismissal procedures, as well as issues such as education,
transport and built environment. One key element of disability discrimination
legislation is the obligation to provide reasonable accommodation (individual
reasonable adjustments), an issue that is of particular relevance for labour inclusion.

C.3. Disability benefits to support labor market participation- disability benefit

systems were built on the principle of providing benefits for people who could not
be expected to work. Accordingly, the entitlement was related to the existence of a
disability and proof of inability to work. Most people with disabilities, if provided
with the adequate supports, have full working capacity while some have
permanently or temporarily partially-reduced work capacity. To make the best use
of people’s work capacity, disability systems should start with an assessment of the
employment possibilities of a person applying for a benefit and provide adequate
employment supports to try to establish or maintain the claimant’s connection to
the workforce.

C.4. Accessible technology as an enabler advances in ITC need to ensure that new
technologies are accessible to all potential users, including persons with disabilities.
For instance, though the Internet holds great potential for persons with disabilities
as job seekers, workers and entrepreneurs, the vast majority of websites are not
compliant with Web Content Accessibility Guidelines (WCAG) 2.0 and thus not
 compatible with assistive technologies. To make a significant impact in this area,
large international efforts are required.

D. Mental health as a special challenge the reason for moving into disability benefits in
OECD countries is because of mental health issues. Mental ill-health exacts a high
price – on individuals, employers, and the economy. The key elements of policy
transformation that are needed to build a more mentally resilient workforce and
improve the labour market inclusion of people who suffer from mental ill- health
relate to the timing, quality and actors of intervention.

D.1 Timing of intervention- The standard approach taken in most countries’

unemployment systems today is to exempt jobseekers with health problems from
their participation and job-seeking requirements, and to hope that, and wait until,
they return treated and cured. The United Kingdom introduced in 2014 the
Employment and Wellbeing Toolkit, specifically aimed to support employment
coaches in identifying well-being needs for employment and appropriate
interventions to enable job attainment among claimants with mental health
problems. In Belgium, the Flanders have introduced pro-active practices for in-
depth screening of the longer-term unemployed. Binding obligations on employers
to manage sickness absences and the return-to-work transition properly can help
bring it about. Reforms in the Netherlands and in some other countries go in that
direction.

D.2 Quality of intervention- Raising awareness among front-line actors of the high
prevalence of mental ill-health, and the key role they play in good outcomes for the
people concerned is an important first step. Anti-stigma campaigns in many
countries have successfully contributed to greater awareness by specifically
targeting front-line actors (e.g. workplace campaigns such as Business in Mind in
Australia and the Mentally Healthy Workplace Program in the United Kingdom).
Equally, managerial leadership is needed to helping employment services and line
managers understand their role.

D.3 Key actors of intervention- The positive influence that front-line actors like
teachers, managers, general practitioners and employment counselors can have on
education and labor market outcomes of people with mental ill-health is often
poorly harnessed. One key element in empowering mainstream actors to deal with
mental ill- health is the availability of an easily accessible support structure where
people with mental health problems. Employers and line managers rarely have
access to professional support. Some countries, especially in Northern and Western
 Europe, have strong occupational health systems that support employers and, to
some degree, employees.

E. Measurement and quality data to inform evidence-based policies- The collection of

quality data is a key to generate enough attention to benchmarking outcomes and
policies against other countries. soon as quality data are produced, sharing of
information must follow for policy improvements to materialize. Different regions
can develop and trial their own policy responses. A number of countries have
recently tried to achieve better overall results by publicizing and sharing process
outputs and employment outcomes obtained by municipal job centers and regional
disability benefit authorities. Trial-and-error, experiencing new regional schemes
and approaches, or pilots in a few service units, can be a useful approach before a
country- wide roll-out.

Making the environment for enabling PWDs

International Labor Organization (ILO)

The ILO strives with partners to achieve decent work for all. It promotes social
justice and internationally-recognized human and labor rights. It is the United Nations
agency where governments, employers and workers have, through a tripartite structure,
equal voice in improving conditions and life at work. Promotes equality of opportunity and
treatment for persons with disabilities in the world of work. Access of persons with
disabilities to decent work is important both as an essential right and in terms of the
economic advantages it brings. As for ILO the importance of ensuring persons with
disabilities attains their right to work, there are economic and business reasons for
inclusion. These include the benefits to economies as whole, businesses that adopt diverse
practices and the persons with disabilities themselves. The ILO approach to the inclusion of
persons with disabilities is both assuring the rights of persons with disabilities as well as
recognizing the economic benefits of inclusion.

ILO Disability Standards

 ILO Recommendation 99 Concerning Vocational Rehabilitation, 1955

 ILO Convention 159 Concerning Vocational Rehabilitation and Employment
(Disabled Persons), 1983
 ILO Recommendation 168, 1983
 ILO Code of Practice for Managing Disability in the Workplace, 2002
 Related ILO Standards---C. 111(nondiscrimination) C. 142 and R.195 (human
resource development)
Philippines supporting PWDs

a. “May 1% Ka Ba?”
It is a campaign of the Unilab Foundation and the Asia Foundation which ensures
that PWDs are provided with equal employment opportunities. Aims to raise public
awareness on RA 10524, and to engage government agencies and private companies
to provide jobs for PWDs through documentation of success stories in the
workplace and capacitating PWDs to enhance their employability. The campaign is
also supported by other government agencies including the Department of Labor
and Employment (DOLE), Department of Foreign Affairs (DFA), National Council on
Disability Affairs (NCDA), Civil Service Commission (CSC), and the Philippine
Information Agency (PIA).

b. Empowering PWDs in vocational centers

The DSWD provides skills training to PWDs in its non-residential facilities to
assist them to become productive members of the society. For the first semester of
2018, the Department has served 671 clients in its non-residential facilities for
PWDs, namely: the National Vocational Rehabilitation Center (NVRC) and
Rehabilitation Sheltered Workshop both located in Quezon City, Area Vocational
Rehabilitation Centers (AVRCs) found in the provinces of Dagupan City, Cebu City,
and Zamboanga City, and the Center for Handicapped located in Cotabato City.
These facilities provide programs and services such as social, medical and
psychological services, livelihood and vocational skills training, job placement,
sheltered employment, and capability building activities which are geared towards
the socio-economic independence and productivity enhancement of PWDs.

c. “Trabaho, Negosyo at Kabuhayan Para Taong Maykapansanan” (Job,

Enterprise and Livelihood for Persons with Disabilities)
Philippines adopted it from 2018 theme, “Empowering persons with
Disabilities and ensuring inclusiveness and equality” of the International Day of
Persons with Disabilities which is celebrated every 3rd of December across the
globe which is aligned with the 2030 Agenda for Sustainable Development “where
no one is left behind.”

d. RA 10524, Persons with Disability (PWDs)

It refers to individuals who suffer long-term physical, mental, intellectual or
sensory impairments which, upon interaction with various barriers, may hinder
their full and effective participation in society on an equal basis with others.

The seven types of disabilities mentioned in RA No. 7277 and defined in

Department of Health A.O. No.2009-0011 as follows:
1. Psychosocial Disability — any acquired behavioral, cognitive, emotional, social
impairment that limits one or more activities necessary for effective
interpersonal transactions and other civilizing process or activities for daily
living, such as but not limited to deviancy or anti-social behavior.
2. Chronic Illness — a group of health conditions that last a long time. It may get
slowly worse over time or may become permanent or it may lead to death. It
may cause permanent change to the body and it will certainly affect the person’s
quality of life.
3. Learning Disability — any disorder in one or more of the basic psychological
processes (perception, comprehension, thinking, etc.) involved in understanding
or in using spoken or written language.
4. Mental Disability — disability resulting from organic brain syndrome (i.e.,
mental retardation, acquired lesions of the central nervous system, or dementia)
and/or mental illness (psychotic or non-psychotic disorder).
5. Visual Disability — impairment of visual functioning even after treatment
and/or standard refractive correction, with visual acuity in the better eye of less
than 6/18 for low vision and 3/60 for blind, or a visual field of less than 10
degrees from the point of fixation. A certain level of visual impairment is defined
as legal blindness. One is legally blind when the best corrected central visual
acuity in the better eye is 6/60 or worse or side vision of 20 degrees or less in
the better eye.
6. Orthopedic Disability — disability in the normal functioning of the joints,
muscles or limbs.
7. Communication Disability — an impairment in the process of speech, language
or hearing, further broken down into two types: (a) Hearing Impairment is a
total or partial loss of hearing function which impede the communication
process essential to language, educational, social and/or cultural interaction;
and (b) Speech and Language Impairment means one or more speech/language
disorders of voice, articulation, rhythm and/or the receptive or and expressive
processes of language.
Incentives for employing PWDs

a. 25% additional deduction from the private corporation’s gross income of the
total amount paid as salaries and wages to PWDs. And to avail of this
incentive, private corporations are required to present proof that they are
employing PWDs who are accredited or registered with the Department of
Labor and Employment and Department of Health as to their disability, skills,
and qualification
b. Private entities that improve or modify their physical facilities in order to
provide reasonable accommodation for PWDs shall be entitled to an
additional deduction from their net income, equivalent to 50% of direct costs
of the improvements or modifications.
References:
https://www.ohchr.org/Documents/Issues/Disability/SubmissionWorkEmployment/CivilSociety/AsiaPaci
ficForumNationalHRI.doc

https://www.pap.org.ph/sites/default/files/upload/pjp2014-47-2-pp27-64-
gatchalianbulahaoboyayaocatainacumilangdulnuansalaguban-
dimensions_of_filipino_employers_attitudes_in_hiring_persons_with_disability.pdf

https://www.pwc.com/ph/en/taxwise-or-otherwise/2017/employment-of-pwds.html

https://www.ncda.gov.ph/disability-laws/batas-pambansa/batas-pambansa-blg-344/