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A worker has put in two years of service in an organisation in which he meets a serious accident and becomes totally disabled. Since he has not completed five years of service as an eligibility condition which one of the following will apply:
he will be entitled to receive gratuity
he will not be eligible to receive gratuity
there is no provision under the act for such type of situation
none of the above
The above considerations also underlie the framework definition used in the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) (ILO 1983). Article 1.1 contains the following formulation: "For the purposes of this Convention, the term 'disabled person' means an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment". This definition contains the following constituent elements: the reference to mental or physical impairment as the original cause of the disability; the necessity of a state recognition procedure that-in accordance with the respective national realities-determines who should be considered disabled; the determination that disability is not constituted by the impairment itself but by the possible and real social consequences of an impairment (in this case a more difficult situation on the labour market); and the established entitlement to measures which help to secure equality of treatment on the labour market.
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