DESK REVIEWS | 09.01.02. Employment protection

DESK REVIEW | 09.01.02. Employment protection

Regarding employment protection, there is no specific mechanism for people living with dementia. However, both the Older People’s Statute and the People with Disability’s Statute guarantee the right to perform any type of job as long as the person manages to carry out her or his duties. No discrimination is tolerated in relation to age or impairment, the person has the right to an inclusive and adapted work environment and to receive the same opportunities and wages as the other workers. In cases of a tie in a public selection for a job, for instance, older people have priority to be hired for the vacancy (Presidency of Republic of Brazil, 2003).

References:

Presidency of Republic of Brazil. (2003). Estatuto do Idoso. Presidency of Republic of Brazil; National Congress of Brazil’s Information System. http://www.planalto.gov.br/ccivil_03/leis/2003/l10.741.htm

There is no dementia-specific policy to provide employment protection for people with dementia. Yet, if people with dementia are in the workplace, they will be protected in the same way as everyone does in the society by the Employment Ordinance (Cap 57) (Department of Justice, 2019a) and the Disability Discrimination Ordinance (Cap 487) (Department of Justice, 2015). It is unlawful for an employer to discriminate against a job applicant or an employee with any disabilities or illness (Equal Opportunities Commission, n.d.).

References:

Department of Justice. (2015). Cap. 487 Disability Discrimination Ordinance. Hong Kong Retrieved from https://www.elegislation.gov.hk/hk/cap487.

Department of Justice. (2019a). Cap. 57 Employment Ordinance. Hong Kong: Department of Justice, HKSAR Retrieved from https://www.elegislation.gov.hk/hk/cap57.

Equal Opportunities Commission. (n.d.). The Disability Discrimination Ordinance and I.

This section to be updated soon.

Mexico does not have any policies that protect employment or support workers in case they are fired, etc.

The Human Rights Act 1993 prevents discrimination against those with disabilities or impairments if the person wants to continue working and is still able to perform the required standard (Legislation 3, 1993).

References:

Legislation 3. (1993). Human Rights Act. Available from: http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304475.html.

No dementia-specific policy/legislation was found that protects employment in the case of a dementia diagnosis. However, South Africa has sound policies on employment equity and employing persons with disabilities (including mental impairment). Although these policies are limited in its reference to persons living with dementia, the following employment protection legislation are relevant:

  • Employment Equity Act (no.55 of 1998) provides rules and guidelines to make the workplace free of discrimination for persons with disabilities, including physical and mental impairment (see (Employment Equity Act No.55 of 1998.Pdf, 1998);
  • The Employment Equity Act (no.55 of 1998)’s Code of good practice on the employment of people with disabilities provide a framework on the reasonable accommodation and retaining of employment for people with disabilities. In the event where termination of employment becomes an operational requirement (due to the disability), employers are expected to provide employees with the opportunity to apply for any disability benefits available from the organisation (see Government Gazette, 1998).
References:

Employment Equity Act No.55 of 1998.pdf, 1 (1998).

Government Gazette. (1998). EMPLOYMENT EQUITY ACT 55 OF 1998: Code of good practice on the employment of people with disabilities. https://gestaltconsult.com/wp-content/uploads/2017/02/Employment-Equity-Act-People-with-Disabilities.pdf