Business owners should not be obliged to hire persons with disabilities (PWD), but it should be a management’s prerogative, according to the Employers Confederation of the Philippines, following the filing of House Bill (HB) 8941 by House Deputy Majority Leader and ACT-CIS Partylist Rep. Erwin Tulfo seeking to enhance the inclusion of persons with disabilities (PWD) in the workforce.

In a radio interview, ECOP president Sergio Ortiz-Luis Jr. said employers are not against the hiring of PWDs by private entities, but what they are opposing is the mandatory hiring of PWDs.

Explaining ECOP’s stance, Ortiz-Luis said the opposition of the employers’ group stems from, among others, the fact that the bill won’t be creating jobs even as it adds to the growing obligations of businesses.

“There are so many impositions placed on employers, and this one is not going to create jobs,” Ortiz-Luis said, who spoke in a mix of Filipino and English throughout the interview, adding that the bill will essentially just replace somebody who is already there because jobs are limited.

Tulfo, in his proposal, maintained: “Persons with disabilities, despite their unique challenges, possess immense potential and talent. Yet, they often face barriers to employment and social participation.”

Would scare foreign investors

Further, Ortiz-Luis Jr. said the draft law will also only scare off foreign investors.

“We have passed so many bills or laws that have relegated us to the bottom in terms of investments from abroad because investors are wary of such laws wherein something becomes mandatory, and management prerogative is sacrificed,” the ECOP’s highest official said.

He said that if the government truly wants to support the inclusion of more PWDs in the workforce, the responsibility for it should not be passed on to the private sector.

The business leader continued that incentivizing firms to employ PWDs would be a better option for compelling companies to hire PWDs because there would be additional costs involved if PWDs come on board.

Should PWD recruitment be made compulsory, then management will be computing the cost of investing in renovating the facilities, for example, he explained.

“If the incentives are good then it might work. If they are not, then make it management’s prerogative to choose the best and what is appropriate for them,” Ortiz-Luis insisted.

HB 8941, or “An Act Expanding the Positions Reserved for Qualified Persons with Disability,” is anchored on a constitutional provision mandating that the state shall protect the rights of all citizens, especially the marginalized sectors, including the PWD.

The bill, filed on 22 August 2023, seeks to double the current 1 percent reservation of government positions for individuals with disabilities and to require larger private corporations to reserve 2 percent of their positions for people with disabilities.

The bill also proposes tax incentives to private corporations that hire PWDs as regular employees, encouraging greater participation from the private sector.