Question & AnswerQ&A (IRR Republic Act No. 10524)
The IRR is promulgated to prescribe procedures and guidelines for the implementation of Republic Act No. 10524 to facilitate compliance and achieve its objectives, which include expanding positions reserved for persons with disability (PWD).
PWDs include those who have long-term physical, mental, intellectual, or sensory impairments that may hinder their full and effective participation in society on an equal basis with others.
A qualified person with disability is an individual with disability who, with reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires, considering employer's job requirements.
Reasonable accommodation refers to necessary modifications and adjustments not imposing disproportionate or undue burden, ensuring PWDs enjoy human rights equally, including facility improvements, schedule modifications, equipment acquisition, examination adjustments, and auxiliary aids provision.
This IRR covers all government agencies and private corporations, including local government units and government-owned or controlled corporations.
At least one percent (1%) of all regular and non-regular positions in all government agencies must be reserved for persons with disability.
Private corporations with more than 100 employees are encouraged, but not required, to reserve at least one percent (1%) of positions for PWDs. Private corporations with less than 100 employees may still hire PWDs without reservation quota.
Qualified PWDs shall have equal opportunity in selection, be subject to the same terms and conditions of employment, including equal compensation, benefits, career advancement, and non-discrimination in all forms of employment.
Private corporations employing PWDs as regular employees, apprentices, or learners are entitled to an additional deduction of 25% of total salaries and wages paid to PWDs from their gross income upon certification by the Department of Labor and Employment.
They must review and submit lists of positions reserved for PWDs, post vacancies specifying that PWDs are encouraged to apply, comply with publication requirements under RA 7041, and submit annual reports on PWD employment to the Civil Service Commission.
NCDA, in coordination with the CSC and DOLE, ensures at least 1% PWD employment in government, consolidates employment data, strengthens referral services and assistive devices provision, and recommends amendments or repeal of RA 10524 to Congress if necessary.
A qualified PWD shall enjoy the same terms, conditions, remuneration, benefits, incentives, and protections against discrimination as an able-bodied employee.
In government, the appointing officer is the person or body authorized by law to make appointments in the Philippine Civil Service; in private corporations, it is the Board, Chief Executive Officer, or designated person responsible for employee appointments.
The IRR does not specify penalties; however, the Civil Service Commission has authority to monitor, address complaints of discrimination, and take appropriate action, ensuring agency compliance with the 1% employment policy.
Government agencies monitor compliance within their jurisdictions, submit annual reports on PWD employment to the Civil Service Commission and NCDA, and maintain a centralized and transparent database accessible to interested parties.
DOLE develops award systems, publishes private corporations employing PWDs, maintains a registry of qualified PWDs, implements training programs, facilitates job placement, monitors compliance, and conducts awareness campaigns.
Yes, reasonable accommodation includes modification of equipment, devices, and facilities to make them accessible and usable by PWDs without imposing undue burden to the employer.
PWD applicants are assessed based on the established qualification standards for the position, followed by screening and evaluation by the Selection Board. Non-career PWD appointees must meet requirements except civil service eligibility unless special laws apply.
The IRR includes provision of qualified interpreters, readers, taped tests, customized equipment, and similar services to facilitate learning and job performance of PWDs with various disabilities.