"This Technical Assistance Guidelines (TAG) is intended to complement
the earlier adopted, "Code of Good Practice on Key Aspects of HIV/AIDS
and Employment" of 2000 within the framework of the policy options
indicated in the “Employment Equity Act” of 1998.
The TAG will equip employers and other role players with
practical tools to eliminate unfair discrimination based on HIV in the
workplace.
One of the most serious public health problems facing South Africa is
the HIV/AIDS epidemic. It
not only threatens the lives of individual employees and employers, but
has significant impact on each and every workplace, the effective
functioning of the labour market and the national economy as a whole.
The impact of HIV/AIDS in the workplace is felt in many areas, for
example the loss of productivity, increased cost of employee benefits,
high production costs and lower workplace morale due to prolonged staff
illness, increased absenteeism and mortality rates.
This, in turn, impacts negatively on the economy of the country
as it slows down economic growth with less economically active persons
able to contribute to the economy.
The loss of an employee requires an appropriate replacement to be
selected and trained, which often is at great cost.
In re-affirming the government’s commitment to intensify its
comprehensive programme to fight HIV/ AIDS in partnership with all
sectors of society, my Department introduced specific provisions in the
Employment Equity Act (1998), which specifically prohibits unfair
discrimination on the grounds of an employee’s HIV-status.
The Act also prohibits testing by employers without the prior
authorisation by the Labour Court.
To assist parties to understand and fulfil their obligations
under the Act, particularly in respect of HIV/AIDS, the Code was
developed, inter alia, to provide strategies to reduce the impact of the
epidemic by developing policies and procedures to manage HIV/AIDS in the
workplace.
To assist with the practical implementation of the Act and the Code, we
developed the Technical Assistance Guidelines (TAG) on Key Aspects of
HIV/AIDS and Employment.
The TAG builds on the Code to set out practical guidelines for
employers, employees and trade unions on how to manage HIV/AIDS in the
workplace.
It also serves as a guide to ensure that individuals affected by
HIV/AIDS are not unfairly discriminated against in the workplace.
In essence, the TAG is based in the Department of Labour’s broad
goals in managing HIV/AIDS in the workplace, inter alia, promotion of
equality and openness around HIV/AIDS, creation of a balance between
rights and responsibilities, and restoration of the dignity of persons
affected by HIV/AIDS.
In conclusion, I wish to express my sincere gratitude to the Commission
for Employment Equity for the significant role it played in the
development of TAG. I also
take this
opportunity to thank the Employment Equity Directorate for
providing support and technical assistance during the development of the
TAG.
My special word of thanks go to the International Labour Organisation
(ILO) and the United Nations Development Programme (UNDP) for their
unwavering financial and technical support."
