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Technical
Assistance Guidelines (TAG) on HIV/AIDS and Employment Download the Technical Assistance Guidelines (TAG) on HIV/AIDS and Employment [PDF] The Minister of Labour Membathisi Mdladlana said the Technical Assistance Guidelines (TAG) on HIV/AIDS and Employment is part of the Department of Labour’s programme in meeting the global and national challenge of AIDS in society. The Minister was speaking at the launch of the TAG in Pretoria earlier today. The Minister said that as with other Government programmes on HIV/AIDS the TAG is based on the premise that there is a causal link between HIV and AIDS and that socio-economic factors play a crucial role in the spread and impact of the disease. “Government’s approach to AIDS/HIV is based on international best practice - it is a proactive and an integrated approach to the disease based on the precepts of prevention and management of the disease. Prevention is key to this, because Government acknowledges that there is no cure,” the Minister said. The Minister emphasised that a key concern of the TAG is the impact of discrimination and the stigmatisation of people living with HIV/AIDS in the workplace. “People living with AIDS should not be discriminated against. The Employment Equity Act expressly prohibits the dismissal of workers for being HIV positive. Furthermore, the Act also outlaws compulsory testing of employees, unless it is ordered by a Labour Court,” the Minister said. The Minister said TAG gives clear guidelines on how to deal with workers who are affected by the pandemic. · Employees have a legal right not to be dismissed because they are HIV positive/living with AIDS. Employees may be dismissed if they lack capacity to perform the key elements of their job. This should be done in accordance with the guidelines set out in the Code of Good Practice on Dismissals. · Employers must deal with HIV related grievances in an efficient and effective, manner in order to manage HIV/AIDS in the workplace effectively. · Workplaces which do not address issues relating to unfair dismissals and HIV/AIDS related grievances undermine and reduce the effectiveness of HIV/AIDS programmes as this re-enforces myths such as "HIV positive employees are not able to work”. “HIV/AIDS is a challenge facing all those in the labour market and all social partners, including business, labour, the community and Government is leading in the fight against this scourge in the workplace,” the Minister said. “The TAG emerges from the Code of Good Practice on HIV/AIDS and Employment, which in turn comes out of the Employment Equity Act. The TAG is a completion of the Code and its primary objective is to assist in the management of AIDS/HIV in the workplace,” the Minister. “The TAG gives technical guidelines to players in the labour market that will result in material improvements to the lives of our people. This TAG is serious we cannot play with people’s lives,” the Minister said. He also sounded a note of warning on employees accepting voluntary tests, indicating that the Department was aware of a number of instances where workers had been dismissed shortly thereafter. Minister Mdladlana called on employers to come up with strategies that will deal with the impact of HIV/AIDS in the workplace. Employers are expected to do the following: · Create a HIV/AIDS Committee · Develop a database of information to enhance planning. · Develop a HIV/AIDS policy · There should be a workplace HIV/AIDS prevention and awareness programmes. The Chairperson of the Commission for Employment Equity, Prof Mapule Ramashala said the code was based on extensive research and several principles, key of which was that the TAG is as practical and simple as possible. “The sub-principals informing the TAG are the need to combat the discrimination and stigmatising people living with AIDS/HIV experience, to encourage the participation in the economy of people living with HIV/AIDS, to create an enabling environment and empower them,” Prof Ramashala said. Prof Ramashala explained that HIV/AIDS has the following impacts on the workplace: · Increased levels of absenteeism · High staff turnover · Increased disability claims · Negative effect on staff morale · Increased withdrawals and decreases contributions to employee benefit funds · Changes in the markets, particularly relating to healthcare. |
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