Law poses job risks for disabled

Law poses job risks for disabled

Vague rules 'disrupt' firms' hiring policies

Employees with disabilities recall their experiences at the Yoshinoya restaurant, which hires people with special needs. Advocates for special-needs people say a new law supposed to help the disabled is more likely to cause trouble for companies without helping those in need. (Photo by Somchai Poomlard)
Employees with disabilities recall their experiences at the Yoshinoya restaurant, which hires people with special needs. Advocates for special-needs people say a new law supposed to help the disabled is more likely to cause trouble for companies without helping those in need. (Photo by Somchai Poomlard)

More people with disabilities are at risk of losing their jobs due to ambiguous interpretations of the law supposed to promote their quality of life, say human rights advocates.

Over 28,000 disabled workers face job loss risks and more than 350,000 people with disabilities of working age may struggle to gain employment due to the ambiguity of Section 33 in the Persons with Disabilities' Quality of Life Promotion Act 2007, said Dr Taejing Siripanich, a National Human Rights Commissioner, who spoke at a seminar Wednesday.

Under the law, he said, public and private organisations have two options. First, employers are required to hire one disabled person for every 100 regular employees.

Second, if they don't want to do that, employers may choose to donate to the Rehabilitation of Disabled Persons Fund an amount equal to the minimum wage a disabled worker would have been paid.

According to Section 33, a company that hires people with disabilities will receive tax exemptions as an incentive.

However, Dr Taejing said, the ambiguous interpretation of the law causes huge problems.

The law says workers with disabilities must work only at indoor offices and cannot work in a field unrelated to the company's core business, he said, arguing many workers with disabilities these days work from home and many of them work outdoors.

Hiring workers with disabilities will be seen as a waste of money or an unnecessary burden, he said.

"The ambiguous interpretation would discourage many private companies because they don't know whether they will receive tax exemptions or not," said Dr Taejing.

Due to ambiguous interpretations, employers might prefer to give money to the national disabled rehabilitation fund rather than hire a worker with disabilities.

"It's arduous for disabled people, especially people who use wheelchairs, to travel to their companies or have to clock in and out on time every day because our public transport system doesn't meet the needs of individuals with disabilities," he said. People with disabilities should have a right to do a job that suits their physical limitations, he added.

Dr Taejing said the Ministry of Labour, the Ministry of Social Development and Human Security, and the government need to discuss this issue as the law needs a clear definition as soon as possible.

The commissioner said many private companies are willing to accept workers with disabilities in exchange for incentives, he said. But many fear not being able to claim the incentive due to the ambiguous interpretation.

According to the National Statistics Office data, Thailand has around 1.7 million people with disabilities, accounting for 2.9% of the population. About 769,327 of them are of working age. However, only about 28,000 people with disabilities of working age are in the labour market while around 350,000 are unemployed. The rest are self-employed.

Suporntum Mongkolsawadi, secretary-general of the Redemptorist Foundation for People with Disabilities, said most people with disabilities want a dignified and productive life and he believes employment offers both income and opportunities for social participation.

If the government provides more facilities for the disabled, it could also help improve their quality of life and job opportunities, he said. In developed countries, the unemployment rate of disabled people of working age is 50-70%, while in developing countries the figure is higher.

Do you like the content of this article?
COMMENT