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I am a handicapped worker

3 posters

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1solved I am a handicapped worker Wed Sep 17, 2008 12:31 pm

ruben


Arresto Menor

guys i was stricken by polio when I was a baby. I had complications which resulted to my disability. I cannot stand on my own so Im on wheelchair eversince. I had a hard time looking for employment because of my disability. I luckily found an employer who is willing to employ me as a clerk as long as I will be paid only 75% of the minimum wage because that is the law. I ofcourse accepted the job because I badly need money to support my medication. I would like to ask you if there is a way I can bargain for a higher wage because i feel that it is not fair. I may be disabled but Im doing good at the office. Im focused on my work and submit reports on time. I do not leave any stone unturned unlike my other officemates. thanks in advance. godbless

2solved Re: I am a handicapped worker Wed Sep 17, 2008 4:54 pm

fbsensei

fbsensei
moderator

Ruben, keep doing what you're doing and perform well in your job. That's probably the best way to show your employer that you deserve more than what you are earning. In other words, you performance will speak well whether your disability impairs your working capacity.

3solved Re: I am a handicapped worker Thu Sep 18, 2008 12:52 am

taftavenue

taftavenue
Arresto Menor

pls see RA 7277 or the Magna Carta for for Disabled Persons. It provides that no disabled person shall be denied access to opportunities for suitable employment. Qualified disabled employees shall be subject to same terms and conditions of
employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person

4solved Re: I am a handicapped worker Thu Sep 18, 2008 3:26 pm

fbsensei

fbsensei
moderator

That may be the policy of the law as far as disabled persons are concerned. In the real world, however, disabled cannot simply demand equal treatment as other workers would. Like I said, the most basic yardstick to determine equal treatment is through work output and performance.

5solved Re: I am a handicapped worker Fri Sep 19, 2008 12:51 am

taftavenue

taftavenue
Arresto Menor

thank you sir fbsensei for the clarifications. My understanding before was that RA 7277 amended article 78-81 of the labor code. I thought that the 75% wage is no longer applicable Shocked

In the case at bar, basing on the facts stated, Ruben's earning capacity is not impaired by his physical deficiency. He even performs better than the able-bodied employees. Am I correct in saying that he may now invoke RA 7277 to receive an equal salary?

6solved Re: I am a handicapped worker Fri Sep 19, 2008 4:04 pm

fbsensei

fbsensei
moderator

Yep. If Ruben's company has a performance management program, he can use this mechanism to inform his boss that he should be accorded equal treatment in terms of wages and benefits.

7solved Re: I am a handicapped worker Tue Sep 23, 2008 10:49 pm

ruben


Arresto Menor

thank you very much for your help. I will try to talk to my employer regarding this matter

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