Title
IRR of RA 10524 on PWD Employment
Law
Irr Republic Act No. 10524
Decision Date
Aug 15, 2016
The Implementing Rules and Regulations of Republic Act No. 10524 mandate that at least one percent of positions in government agencies and encourage private corporations to reserve similar positions for persons with disabilities, ensuring equal employment opportunities and protections against discrimination.

Questions (IRR Republic Act No. 10524)

It must be construed liberally and in favor of persons with disability (PWD).

It covers all government agencies and private corporations.

A PWD who, with reasonable accommodations, can perform the essential functions of the employment position, considering the employer’s determination of essential functions and any written job description prepared before advertising/interviewing.

Necessary and appropriate modifications/adjustments not imposing disproportionate or undue burden, such as: accessible facility improvements; work schedule modifications; acquisition/modification of equipment; modifications of examinations/training materials/company policies on hiring; and provision of auxiliary aids and assistive devices.

Examples include qualified interpreters; qualified readers/taped tests for visual impairments; acquisition/modification of equipment/devices; and other aids/services facilitating learning.

Qualified employment opportunity must be open to all qualified PWDs; no PWD shall be denied access to opportunities; terms/conditions and compensation must be the same as able-bodied employees; and PWDs must not be discriminated on the basis of disability in all matters of employment.

At least 1% of all regular and non-regular positions in each government agency must be reserved for PWDs; any fraction is treated as one (1) position reserved.

The agency may opt to hire a non-PWD applicant.

Private corporations with more than 100 employees are encouraged to reserve at least 1% of all positions for PWDs; those with less than 100 employees may hire PWDs.

Initially by the appointing officer using qualification standards for the position; after preliminary determination, the PWD is screened and evaluated by the Selection Board.

They must meet qualification standards except civil service eligibility, unless the position is covered by special laws (e.g., RA 1080 for bar and board examinations as civil service examinations).

The employer must post a specific job description in public advertisements for employment indicating the essential functions.

They are entitled to incentives under Magna Carta for PWDs; specifically, an additional deduction equivalent to 25% of total salaries and wages paid to PWDs, provided they present proof certified by DOLE and that the PWDs are accredited with DOLE and DOH as to disability, skills, and qualifications.

Vacant positions must be posted in three conspicuous places and published in CSC Bulletin or their official websites/newspapers/other job sites for at least 10 days (15 days for LGUs), including full details (position title, item number, complete qualification standards, work station) and a statement that PWDs are encouraged to apply.

Every 15th of January of the following year, submit an annual report to the CSC on the number of positions reserved for PWDs and the number of appointments made, with certified true copies of appointments if any.

CSC monitors compliance of government agencies under its jurisdiction, and if there is a complaint regarding discrimination, CSC takes appropriate action; all government agencies also monitor compliance within their jurisdiction/supervision.

It takes effect fifteen (15) days after complete publication in two (2) national newspapers of general circulation.


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