Career Advice

PART V – EMPLOYMENT OF PERSONS WITH DISABILITY

Registration of Persons with disability
A person with disability may apply to the Centre for registration.
The Centre shall upon registration of person with disability, issue the person a certificate of registration in a form determined by the Chief Labour Officer.


Special incentives
Special incentives shall be provided to an employer who employs persons with disability.
Special incentives shall be given to a person with disability engaged in a business or enterprise.
The special incentives shall be determined by the Minister.

Notification of employment of persons with disability
An employee who employs a person with disability shall notify the nearest Centre of the employment and where the employer fails to do so, the Chief Labour Officer shall direct the employer to comply.

Particulars of contract of employment
A contract of employment with a person with disability shall include the particulars of the job or post, the working hours, amount of remuneration, transport facilities, and any special privileges which that person shall be accorded by virtue of the employment.

Persons with disability in public service posts
Persons with disability who enter the public service shall be appointed on the same terms as persons without disability, irrespective of whether they are allowed to work for fewer hours; and shall be classified in accordance with their previous period of qualifying service for the purposes of promotion and other public service awards.

Employment not to cease upon disablement
The employment of a person who suffers disability after the employment, shall not cease if his or her residual capacity for work is such that he or she can be found employment in the same or some other corresponding job in the same undertaking, but if no such corresponding job can be found, the employment may be terminated by notice.

Length of notice of termination
The length of notice of termination required to be given in the case of a person with disability shall not be shorter than one month.

Transfer of persons with disability
Subject to subsection (2), a person with disability in employment may be transferred to another job within the same undertaking if the other job can be regarded in the light of all relevant circumstances as a corresponding job.
The relevant circumstances mentioned in subsection (1) in relation to a person with disability include

• the person’s qualifications;
• the person’s physical condition;
• the person’s place of residence; and
• whether the transfer may worsen the conditions in which the person entered the employment.

Training
 Where it is necessary to train or retain a person with disability to overcome any aspect of his or her disability in order to cope with any aspect of the person’s employment, the employer may provide or arrange at the employer’s expense the training or retraining for the person.

Part to be read as one with other relevant enactment
This part shall be read as one with any enactment on the employment of persons with disability and where there is a conflict; the provisions of this part shall prevail.