• Protection Against Termination.
• Continuation of Employment.
• Efforts for Alternative Employment.
• Entitlement to Benefits.

Overview

In the pursuit of fostering a fair and inclusive work environment, the Employment and Labour Relations Act (Code of Good Practice GN.No.42 of 2007) stands as a beacon of protection for employees diagnosed with HIV/AIDS. This legislation unequivocally asserts that no employment shall be terminated solely based on an individual’s HIV/AIDS status. Instead, infected employees are entitled to continue their work under normal conditions as long as they remain medically fit to do so.

The Code further underscores the commitment to maintaining the employment of HIV/AIDS-infected individuals by stipulating that, in the event an employee can no longer fulfill their duties due to HIV/AIDS-related illness, the employer shall make every effort to secure alternative employment. This commitment is made without prejudice to the employee’s entitlement to benefits.

Furthermore, when an HIV/AIDS-infected employee becomes too ill to continue their regular employment, the provisions of this rule or any applicable collective agreement addressing incapacity on the grounds of ill health shall be diligently applied. This ensures that the rights and well-being of the affected employee are safeguarded, providing a comprehensive framework for managing health-related challenges within the workplace.

In essence, Employment and Labour Relations Act (Code of Good Practice GN.No.42 of 2007) not only prohibits discrimination based on HIV/AIDS status but also establishes a compassionate and supportive approach, ensuring that individuals facing health challenges are treated with dignity and given the opportunity to contribute to the workforce for as long as their health allows. Through these provisions, the workplace becomes a space where the principles of equality, fairness, and respect prevail, fostering a culture of inclusivity and understanding.

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.

Written by Norman Mwita.