General Policies, Objectives, and Coverage
- Ensures equal employment opportunity and remuneration for PWDs.
- Promotes access to labor market information, capacity building, and wage employment.
- Applies to all government agencies and private corporations.
Definitions
- Positions in Government: All types including casual and contractual.
- Positions in Private Corporations: All employment statuses.
- Government Agency: National and local government units, including GOCCs.
- Private Corporation: Business establishments/private entities.
- PWD: Individuals with long-term impairments hindering equal participation.
- Qualified PWD: Can perform essential functions with reasonable accommodation.
- Reasonable Accommodation: Modifications or supports that do not cause undue burden, including facility improvements, work schedule modifications, equipment acquisition, and auxiliary aids.
- Qualification Standards: Minimum education, experience, training, and eligibility.
- Auxiliary Aids: Interpreters, readers, taped tests, assistive devices.
- Appointing Officer: Authorized to appoint in government or private sector.
Employment Provisions
- Equal opportunity must be given to qualified PWDs.
- No discrimination in recruitment, conditions, employment, or career advancement.
- Equal pay and benefits for PWDs performing equal work.
One Percent Employment Requirement
- Government agencies must reserve at least 1% of all positions for PWDs.
- Any fraction in the computation counts as one full reserved position.
- Agencies already employing at least 1% PWDs are compliant but can hire more.
- If no qualified PWD applicant for a position, agencies may hire non-PWD.
- Private corporations with over 100 employees encouraged to reserve 1% of positions for PWDs.
Qualification Standards for Government and Private Sector
- Government appointment based on standard qualifications, followed by screening by a Selection Board.
- Non-career government positions require standards except civil service eligibility.
- Private employers determine fitness based on qualification standards.
- Job descriptions must be public to clarify essential functions.
Incentives for Private Corporations
- Eligible for additional deduction of 25% of salaries paid to PWD employees.
- Must provide proof of employment and accreditation of PWDs.
Duties and Responsibilities of Agencies
- Government agencies: review plantilla to identify PWD reserved positions, advertise vacancies encouraging PWD applicants, comply with RA 7041, and submit annual compliance reports.
- NCDA: lead coordination to ensure 1% PWD reservation, maintain data, strengthen referral services, recommend law amendments.
- CSC: facilitate career advancement of PWD employees, monitor and report implementation.
- DSWD: enhance vocational training, job placement referral, and provide auxiliary aids.
- BIR: enforce tax incentive rules for private employers employing PWDs and facility modifications.
- DOLE: develop awards and registries for PWD employment, training, job facilitation, monitoring, reporting, and awareness programs.
- DOH: issue medical certifications for non-obvious disabilities.
- GCG: monitor compliance of GOCCs, submit reports.
- DILG: enforce compliance and disseminate information among LGUs.
- LGUs: reserve 1% positions, reasonable accommodation, establish PDAO, issue disability certifications.
Monitoring and Reporting
- Agencies responsible for monitoring compliance.
- CSC addresses discrimination complaints.
- Reports on PWD employment status submitted annually to NCDA.
- NCDA maintains a centralized database.
Funding
- Agencies to allocate budget for law implementation subject to government rules.
Final Provisions
- Separability clause ensures unaffected provisions remain valid if any is declared invalid.
- Effectivity: IRR takes effect 15 days after full publication in two national newspapers.