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).
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
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).
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