HB 8941 PWD Empowerment

HB 8941 PWD Empowerment | Daily Tribune

This House Bill seeks to amend Republic Act 7277 to expand the coverage and accelerate the implementation of the law in the hiring of Persons with Disability (PWD).

Like all bills this legislative piece is filled with noble and heartfelt intentions for workers’ welfare but has unintended harmful consequences for the economy.

Inarguably, the bill is dripping with compassion as it aims to be inclusive by mainstreaming the marginalized sector of society to become productive and ease government’s financial burden in “ayudas.”

But taken together with several existing laws requiring compulsory compliance to provide extravagant benefits to workers, it diminishes the enthusiasm and compassion of employers towards their employees.

In the realms of law, policy and social dynamics, compulsion may promote strict and uniform adherence to rules. But it completely ignores human empathy and voluntary acts of kindness on the part of employers.

Compulsion may be necessary during emergency situations to ensure swift and safe collective action.

However, in normal times employers must be allowed to perform the role of good leaders with sincere affection towards their subordinates.

Due to the highly competitive business environment efficiency is foremost required in the workplace and employers must be allowed to exercise their prerogatives to hire the perfect match between skills, manpower cost and delivery commitments.

Imposing a quota for hiring PWDs with threats of penalties for violation is a burdensome condition in achieving corporate production goals.

It is human nature to resist, resent and defy forced action when the autonomy of judgment is being violated. And even as rules are followed compliance may be superficial as it is driven by obligation rather than conviction.

Compassion, which is a virtue born of deep interior freedom that is the hallmark of authentic personhood, cannot be legislated and forced down the throats of anyone, thus effectively canceling out its virtuous character. At worst, it becomes a forced obligation as it takes away personal choice and voluntariness. At best, it becomes nothing but false charity at someone else’s expense.

Company operating processes are situational and enforcing a one size fits all rule is unjust and highly counterproductive.

Policymakers should learn to leave well enough alone to promote sustainable and lasting change in the hiring policies of PWDs when employers are allowed to freely act with empathy and shared understanding to scale up the objectives of HB 8941.

It is recognized that there are specific circumstances like pandemics and natural calamities where the compulsory measures are necessary. However, in the hiring of PWDs it is a judgment call of enterprises and does not warrant legal interference to achieve the bill’s inclusiveness.

It all falls under the sacrosanct principle of autonomy, a principle that is highly regarded even in the medical field where the patient’s personal freedom is never meant to be violated, no matter the noble intentions and desires of the medical personnel and close relatives.

A balance between compulsion and compassion is not impossible. But crafting a policy on the mandatory hiring of PWDs calls for a careful study and exhaustive research on the unique and varying requirements of each industry and business sector that require workers who are fit physically, mentally and emotionally.

Maybe each legislator should be guided by the plea of the Dalai Lama borrowed by a famous exiled Philippine senator who addressed his American audience during the martial law years: “If you cannot help us, please do not harm us.”