WHEN AN EMPLOYEE SAYS

HE IS HIV POSITIVE
BY GROUP 10

INTRODUCTION

Chemtech was a chemical firm having employing

nearly 1,500 people.

The organizational focus for many years was on the

area of technology and manufacturing.

Aparojit das vice president(hrd)was closely involved

with the interviewing candidates for the organization

Cont.
With him interview is a means of getting the right

candidates for the right job.

The secret of his success lay in the technique that he

had work to perfection.

Das also knew that if he had chosen people well not

because of any particular skill but because he was

lucky.

Cont.

Interview is said to be given by the Das to the two

internal candidates presently working as a sales

executive and seeking promotion to the post of sales
manager.
Both were highly recommended by the companys

vice president(sales) for the post.

Prem sagar vs arvind vardhand

First candidate was sagar.

He had been with the company for five years.
He understood the companys product and their

market
He was very keen to take on new responsibilities

Arvind Vardhand

He had joined the company only the previous year

He seemed to be confident.
A self starter, and a good team player.

He is HIV positive.

Das found the burden of having to make a decision lying

upon him

The companys order states that no physical

disability or even a long chronic health problem

should come in the way.
What should das do?

General rules about HIV and Aids that apply in the

workplace
A person who is HIV positive does not have a duty to give this

information to his or her employer because of their right to privacy.

If you tell your employer about your HIV status, the employer cannot

tell anyone else without your consent. If the employer tells anyone else,
this is breaking your privacy and right to confidentiality, and it is
possibly an unfair labour practice.

Cont..
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 employer cannot demand to know if the cause of an illness is HIV

infection.
An employer cannot refuse to employ you because you have HIV.

Cont..
An employer cannot dismiss you because you have HIV.
An employer cannot dismiss you because you have HIV, even if other

employees refuse to work with you.

The Promotion of Equality and Prevention of Unfair Discrimination Act

also protects an HIV-positive person from unfair discrimination in the

workplace.

Code of Good Practice on HIV and AIDS and

employment
The Department of Labour has published a Code of Good Practice on

Key aspects of HIV and Employment.

This Code gives employers and trade unions guidelines to ensure that

people who are HIV-positive are not unfairly discriminated against in

the workplace.
This includes provisions dealing with:
creating a non-discriminatory work environment

Cont..
HIV testing, confidentiality and disclosure
providing equitable employee benefits
managing grievance procedures
The Code also provides guidelines for employers, employees and trade

unions on how to manage HIV/AIDS in the workplace.

conclusion
Arvind Vardhan should be promoted.

THANK YOU