The Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 is the over riding legislation in Pakistan which provides a quota of 2% of persons with disability to be accommodated in employment in government and private organizations. The legislation defines a “disabled person” as a person who on account of injury, disease or congenital deformity, is handicapped for undertaking any gainful profession or employment in order to earn his livelihood, and includes a person who is blind, deaf, physically handicapped or mentally retarded. The legislation provides that it shall be applicable to organizations with at least 100 employees.
After the promulgation of the 18th Amendment, the provinces in Pakistan were to enact thereon specific legislations on the subject however legislation on this very important topic was significantly delayed. When KPK, Baluchistan and Punjab did enact their legislations it was more an adoption of the 1981 Ordinance with a small increase in the quota for employment. Punjab increased the quota to 3%.
The most beneficial legislation enacted in Pakistan is the Sindh Empowerment of ‘Persons with Disabilities’ Act 2018. The Act has increased the quota level to 5% and done away with the restriction of the number of employees applicability for organizations thus this Act is now applicable to all private and government organizations. The Act has also provided a broad description for disabilities including autism and cerebral palsy, ADHD, multiple sclerosis, muscular dystrophy.
We recently advised Herbert Smith Freehills LLP on the subject.
