HIV/AIDS and Workplace Rules

All about HIV/AIDS Workplace Rules, HIV/AIDS Workplace Policy, HIV/AIDS in the Workplace, HIV/AIDS and Salaries and more on Mywage South Africa.

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No person with HIV or AIDS shall be unfairly discriminated against within the employment relationship or within any employment policies or practices, including with regard to:

  • Recruitment procedures, advertising and selection criteria
  • Appointments, and the appointment process, including job placement
  • Job classification or grading
  • Remuneration, employment benefits and terms and conditions of employment
  • Employee assistance programmes
  • Job assignments
  • The workplace and facilities
  • Occupational health and safety
  • Training and development
  • Performance evaluation systems
  • Promotion, transfer and demotion
  • Disciplinary measures short of dismissal
  • Termination of services

Know the Facts

  • No employee, or applicant for employment, may be required by their employer to undergo an HIV test. HIV testing by or on behalf of an employer may only take place where the Labour Court has declared such testing to be justifiable in accordance with Section 7(2) of the Employment Equity Act.
  • All persons with HIV or AIDS have a right to privacy, including privacy concerning their HIV or AIDS status. There is no legal duty on an employee to disclose their HIV status to their employer or to other employees.
  • An employer cannot demand to know if the cause of an illness is HIV infection.
  • A doctor or health care worker who tells an employer about an employee's HIV status without their consent is acting against the law. This is breaking the employee's right to confidentiality.
  • An employee with HIV/AIDS may not be dismissed because he or she is HIV positive or has AIDS. (Section 187(1)(f) of the Labour Relations Act, No. 66 of 1995). However where there are valid reasons related to their ability to continue working and fair procedures have been followed, their services may be terminated in accordance with Section 188(1)(a)(i).
  • An employer is obliged to provide, as far as is reasonably practicable, a safe workplace. (Section 8(1) of the Occupational Health and Safety Act, No. 85 of 1993). This may include ensuring that the risk of occupational exposure to HIV is minimised.
  • An employee who is infected with HIV as a result of an occupational exposure to infected blood or bodily fluids, may apply for benefits. (Section 22(1) of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993).
  • In accordance with the Basic Conditions of Employment Act, all employees must receive certain basic standards of employment, including a minimum number of days sick leave.
  • A registered medical aid scheme may not unfairly discriminate directly or indirectly against its members on the basis of their "state of health". (Section 24(2)(e) of the Medical Schemes Act, No 131 of 1998).

What can you do to protect your rights at work?

Employees can take disputes about dismissals or discrimination to a Bargaining Council or the Commission for Conciliation, Mediation and Arbitration (CCMA).

The Bargaining Council or CCMA will try to settle the dispute by conciliation, mediation or arbitration.

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