ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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Rights of Persons with Disability

Disabled persons have the same rights as other people to take their proper place in society. They should be able to live freely and as independently as possible. This must be the concern of everyone – the family, community and all government and nongovernment organizations. Disabled persons’ rights must never be perceived as welfare services by the Government. (Section 2[c], Magna Carta for Disabled Persons)

Is loss of hearing in one or both ears of an employee compensable?

Permanent disability is defined as the inability of a worker to perform his job for more than 120 days (or 240 days, as the case may be), regardless of whether or not he loses the use of any part of his body. Total disability, meanwhile, means the disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do. (Juan Esplago vs. Naess Shipping Philippines, Inc., G.R. No. 238652, June 21, 2021)

Employment Status of Persons with Disability (PWD)

A qualified employee with a disability is entitled to the same terms, compensation, privileges, benefits, incentives, and allowances as an able-bodied employee. Furthermore, individuals with disabilities cannot be subjected to discrimination in any aspect of employment, including recruitment, hiring, continuation of employment, career advancement, and ensuring safe and healthy working conditions. (Implementing Rules and Regulations of Republic Act No. 10524)

Prohibition against discrimination on account of disabilities

No person with disability shall be denied access to opportunities for suitable employment.

A qualified employee with disability 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. (Section 5, R.A. No. 7277, as amended by Section 1, R.A. No. 10524)

Guidelines in Promoting and Maintaining a Clean Workplace (Labor Advisory No. 18, series of 2022 and Labor Advisory No. 23, series of 2023)

Labor Advisory No. 18-2022 provides that private establishments shall comply with the Department of Health’s (DOH) memorandum on the updated guidelines for COVID-19 testing, isolation, and quarantine, and adhere to the nationwide alert system mandated by the national government. (Labor Advisory No. 18-2022)