Disabled persons are eligible to be learners or apprentices

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

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:

“Section 7. Apprenticeship. — Subject to the provisions of the Labor Code as amended, disabled persons shall be eligible as apprentices or learners: Provided, That their handicap is not as much as to effectively impede the performance of job operations in the particular occupation for which they are hired; Provided, further, That after the lapse of the period of apprenticeship, if found satisfactory in the job performance, 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.

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. Accordingly, if any person is found to have violated the law, there are imposable penalties provided under Section 4 of RA 7277, such as imprisonment and payment of fines, viz.:

“Section 46. Penal Clause. — (a) Any person who violates any provision of this Act shall suffer the following penalties:

(1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) but not exceeding One hundred thousand pesos (P100,000.00) or imprisonment of not less than six (6) months but not more than two (2) years, or both at the discretion of the court; and

“(2) for any subsequent violation, a fine of not less than One hundred thousand pesos (P100,000.00) but not exceeding Two hundred thousand pesos (P200,000.00) or imprisonment for not less than two (2) years but not more than six (6) years, or both at the discretion of the court.

“(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6) months or a fine of not less than Five thousand pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.

“(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefor.

“(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further deportation proceedings.”

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. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]