Main Aspects of Employment Policy for People with Disability in Saudi Arabia - Thesis Example

However, they fail to show why the majority of employers would not want to employ them (Lewis, 2004).Policies developed for people with disability/disabilities in Saudi Arabia are based on Islamic Sharia Law which is the moral law of Islam. Sharia Law is diverted from 1) the Quraan which is the central religious text of Islam and believed to be a revelation from God, 2) the example of the life of the prophet Muhammad, and 3) Fatwas which in the legal opinion or learned interpretation that a qualified jurist can give on issues pertaining to the Islamic law that give rights for dignified lives and benefits from welfare.

Saudi Arabia is in the process of developing as a society with social institutions that can cater to people with disability/disabilities (Hasnain et al., 2008). Saudi Arabia is a monarchy and the royal family ruling Saudi Arabia follow Islamic sharia law, In order for a new law to be applied it needs to be presented to the royal family by The Consultative Assembly of Saudi Arabia also known as Majlis as-Shura or Shura Council which is the formal advisory body of Saudi Arabia. The Consultative Assembly has limited powers in government, including the power to propose laws to the King and cabinet, but it cannot pass or enforce laws unless it was agreed upon by the king it then is presented as a decree to be applied as a law.

It has 150 members, all of who are appointed by the King. The Consultative Assembly is headed by a Speaker. The current speaker or chairman is Abdullah ibn Muhammad Al ash-Sheikh in line with a tradition that kept the post in that family. According to the royal decrees that have been agreed upon by the office of the chairman of the Council of Ministers, people with disability/disabilities in Saudi Arabia deserve to be treated fairly in the labor market (Disabled Care System, 2000). This decree carries policies that aim to reduce the negative attitude and discrimination shown to people with disability/disabilities in the labor market, especially when it comes to rehabilitation and hiring processes (Kabbara, 2003).

It has been established by studies such as Coleridge (2000) that people with disability/disabilities are rarely employed.

To concretise this statement the study will review and evaluate available barriers as to why there exist rare cases of employment of people with disability/disabilities even though they have many laws that carter for the benefit of people with disability/disabilities. Despite this, employers are allowed to inform job applicants that they cannot be employed based on their disability/disabilities. Saudi Arabia has laws that protect people with disability/disabilities in the workplace. For instance, an organisation can be sued within a civil court for discriminating against people with disability/disabilities under national anti-discriminatory laws.

However, such lawsuits are practically non-existent because people with disability/disabilities are rarely employed, or may be employed as “phantom employees” which means they are legally employed but their employer prefers them to stay at home. This demonstrates the lack of awareness of the abilities of these people by the employers (Labaree, 2002). Therefore, as much as people with disability/disabilities in Saudi Arabia require special treatment and policies to integrate them within society and give them opportunities to take part in the labour market (Arab News, 2008) employers on the other hand need to have more awareness about the issue of disabilities weather its regarding policy or general knowledge.

According to Mansour (2010) the employability of people with disability/disabilities within Saudi Arabia is a social problem because they are facing neglect by not being hired based on their disabilities and therefore decision makers should increase awareness of laws regarding employment of people with disability/disabilities which should be clear to the employers and incentives should be offered to organisations hiring people with disability/disabilities. Employment is a right for all human beings regardless of their abilities; it presents a way for social inclusion and a source of financial resources needed for our well being (Kosygina, 2005).

Employment for people with disability/disabilities in Saudi Arabia is mainly taken care of by Labour and Workman Law. It defines a person with disability/disabilities as “any person whose capacity to perform and maintain a suitable job has actually diminished as a result of a physical or mental infirmity.” (p.59). This legislation guarantees the rights of people with disability/disabilities and advocates for non-discrimination at the work place and employment sector in general. Government through the Ministry of Labour and the Ministry of Social Affairs develop and implement career development programs for people with disability/disabilities.

The Ministry runs a career rehabilitation department that provides support for people with disability/disabilities. It follows up and implements career rehabilitation programs, draws rehabilitation policies and carries out research on the development of programs (examples of such programmes will be presented in chapter 2). It also carries out the actual rehabilitation for people with disability/disabilities and prepares them for employment (for example physio after an accident). Provision of rehabilitation programmes is a great policy achievement by the Saudi Arabia government.

These programmes and policies are very beneficial to the employees since they help them prepare for employment opportunities. Saudi American Bank (2000) reports that this group receive training and rehabilitation needed to suit them in the market. Significant numbers of people with disability/disabilities have benefitted from this and have been able to compete favourably in the employment sector with the rest of job seekers. The Ministry of Labour in Saudi Arabia have harmonised its employment laws to ensure job requirements are achievable for people with disability/disabilities.

Reisam and Reisam (2003) note that there have been round table talks between government and employers in attempts to ensure that minimum academic qualification needed from people with disability/disabilities is lower compared to their counterparts, this is due to the lack of opportunities in terms of the quality of education granted to people with disability/disabilities in the country with no judgment on their abilities.