Response to Roderick’s Inquiry
Dear PAO,
Having been born with a physical disability and relying on a wheelchair throughout my life, I now face the task of finding employment after college. I am apprehensive about job hunting, fearing potential discrimination due to my disability. Before starting employment, may I know if I may be considered eligible as an apprentice or learner?
Roderick
Legal Considerations
Dear Roderick,
Please be informed of Section 7 of Republic Act (RA) 7277, otherwise known as the “Magna Carta for Disabled Persons”, which states that:
- Disabled persons shall be eligible as apprentices or learners as per the provisions of the Labor Code.
- Their handicap should not impede job operations in the specific occupation they are hired for.
- If found satisfactory in job performance after the apprenticeship period, they shall be eligible for employment.
Based on the above-stated law, individuals with disabilities, provided they are capable and their disability does not hinder job performance, are entitled to become apprentices or learners. Disabled individuals possess equal rights as others to integrate into society, live freely, and strive for as much independence as possible.
Implications and Penalties
Applying the aforementioned law in the situation that you mentioned, please be advised that you are eligible to be considered as an apprentice or a learner for work or occupation where your disability would not impede the performance of the job. Further, you shall be eligible for employment if it is found that your job performance is satisfactory after the lapse of your apprenticeship period.
If any person violates the law, penalties are imposable under Section 4 of RA 7277, including fines and imprisonment. The penalties vary for first and subsequent violations, as well as for abuse of privileges granted under the law.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same.
