HIV / AIDS and employment code of good practice. Draft for the National Economic Development and Labour Council -August 1995
South African Labour Bulletin 19(5): 21-26
1995
ISSN/ISBN: 0377-5429 PMID: 12320239 Document Number: 297964
International labor standards dictate that human immunodeficiency virus (HIV) infection and acquired immunodeficiency syndrome (AIDS) be treated as any other life-threatening medical condition, with no undue burden placed on employees. Toward this end, South African human rights advocates have prepared an HIV/AIDS Employment Code of Good Practice for presentation to the National Economic Development and Labor Council. Moreover, it is being recommended that the Code be appended to the 1995 Labor Relations Act. The Code is expected to provide a basis for fair employment policy and a reference point for resolving disputes in the proposed Conciliation, Mediation, and Arbitration Commission. The Code prohibits pre-employment HIV screening and stipulates that HIV status cannot be used as a basis for denying training or promotion opportunities. Employees known to be HIV-positive shall be ensured confidentiality and provided with full access to employment benefits. When illness progresses to the point where an employee can no longer perform his or her duties, another more appropriate position should be located; if this is not possible, or if the employee is too ill to work, termination due to incapacity may be considered, but with the continuation of full company benefits. Mechanisms of redress should be identified for HIV-infected employees with discrimination-related grievances. The Code further mandates the provision of compulsory AIDS education programs to combat misinformation at the workplace. Disciplinary measures against an employee who refuses to work with an infected co-worker are sanctioned.