HIV Test, Not a Condition for Employment --Workpolicy

By, Funmi Komolafe, Vanguard (Lagos), December 7, 2006

Nigeria - World Aids Day was marked , Dec. 1st, in the spirit of the day, Labour Vanguard continues its enlightment on the "National Workplace Policy On HIV/AIDS".

This second part of our report, highlights the responsibilities of the employer and the employee in the work place.

Special attention was given to "Protection from Stigma, Discrimination and Exclusion" in Section 8.2.

To protect PLWA, the policy states, "there shall be no obligation placed on employee to reveal his or her HIV/AIDS status to the employer". In order to ensure that they are not discriminated against on account of medical expenses, the policy recommends that "employees living with HIV/AIDS shall not be denied access to statutory benefits and occupationally related welfare schemes". Such persons shall have access to health insurance coverage and " no HIV test shall be imposed as a condition to access any health insurance scheme" and this includes their participation in the National Health Insurance Scheme.

For assurance companies, the policy states "No assurance company shall deny workers access to any insurance coverage on the basis of his or her status".

In order to ensure continuation of employment relationship, the policy states, "HIV infection or AIDS shall not provide a basis for termination of employment. Where fitness to work is compromised by HIV/AIDS and related illness, the employer shall make efforts and arrangements aimed at providing reasonable accomodation for the individual affected".

In order to have access to medicare and counselling, it is recommended that employers should provide flexible hours of work so that PLWA can access counselling, treatment and care during working hours. However, this is expected to be handled on a case by case basis by individual establishments.

Protection of the rights of job seekers.

With the new policy, no employer in Nigeria is expected to subject prospective employees to HIV screening. It is clearly stated that "the only medical criterion for entry to employment is fitness to work and nothing in the pre-employment examination shall oblige or require any candidate to declare his or her HIV status.

For job placements outside the shores of Nigeria, which requires HIV test for placement and residence, the policy states, "the requirement must appear in the vacancy announcement or advertisement for appropriate action by the Federal Ministry of Labour and Productivity and the ministry of foreign affairs.

Consideration was given to PLWA when due for retirement as it is recommended that "a proper retirement strategy will be worked with adequate support being provided for workers living with HIV and AIDS in and out of work in a non discriminatory and non-judgmental manner".

Information and Education - The policy is however not about dos and donts alone.

It provides for information and education as a basis for prevention and control of HIV.

Employers are requested to put in place "effective workplace HIV/AIDS prevention education" for all persons in the workplace in order to protect themselves and their families from HIV infection.

Such an education policy may be developed in collaboration with agencies of government, workers representatives and other concerned groups.

It must also be participatory by enlisting the full support of persons in and around the workplace.

In addition these, workplaces are to encourage social dialogue based using joint consultation which may culminate in consensus/ agreement.

The role of the ministry of labour and productivity.

The Ministry of Labour is expected to provide technical support for HIV/AIDS policy formulation and implementation in each workplace with the establishment of workplace HIV/ AIDS response technical task teams.

It is the duty of the technical team to "provide technical support and guidance for program formulation and implementation including training, HIV and AIDS education and service provision in the work place".

Grievance Procedure

The policy acknowledges that conflits/disagreements may arise in the handling of HIV/AIDS in the workplace. Therefore, it is recommended that "employers shall ensure that the rights of employees with HIV and AIDS, and remedies available to them in the event of breach of such rights become integrated into grievance procedures".

Employers are also obliged to ensure the confidentiality of the complainant during such proceeedings including ensuring that such proceedings are held in private.

To ensure the success of grievance procedure, employers are expected to create an awareness and understanding of the procedure and how employees can ultilize them.

Legal instrument - The policy which is still awaiting legal backing shall be reviewed every three years and "whenever scientific and developmental concerns so dictate. Enterprises are also expected to encourage a review within the same period.

For now, the legal instrument to back up the policy is contained in the bill on Labour Standards now before the national assembly.


Source: http://allafrica.com/stories/200612070887.html