TRADE UNION CONGRESS OF TANZANIA (TUCTA)
COLLECTIVE BARGAINING AGREEMENT IN HIV/AIDS.
TOPIC PRESENTED DURING THE PARTICIPANTS TRAINING SESSION AT THE ILO FOLLOW UP AND EVALUATION COURSE 01 – 05.12. 2003 PRETORIA - SOUTH AFRICA
COLLECTIVE BARGAING IN HIV/AIDS
OUTLINE OF PRESENTATION.
• DEFINITION.• GENERAL OVERVIEW OF CBA.• INSTRUMENTS FOR CBA.• ELEMENTS OF AN HIV/AIDS CBA.• CONCLUSION.• GROUP WORK
COLLECTIVE BARGAINING.
Definition: The term `collective bargaining' embraces the various negotiating methods and procedures which are used to reach agreement between trade unions and employers at all levels.
• From the individual workplace to the company, National or Regional.
• Between single unions and employers, or between groups of unions and employers' federations.
GENERAL OVERVIEW ON CBA
• Collective bargaining procedures vary from one national context to another.
• But will normally result from legal requirement (for example, the provisions of the Labour Code) or voluntary agreement between the social partners.
• Procedures will normally set out the different stages of the negotiating process between the union and the employer and
• The reference of issues to third parties or committees agreed by both sides, or laid down in the law.
CBA Continued
• Today, CBAs represent a kind of “industrial legislation” which settles the working conditions of millions of workers in the world.
• Some of the principal themes that are covered in these collective contracts include:
• Wage• Working schedules and regulations thereof.• Annual holidays. • Absence related to illness etc.
WHY COLLECTIVE BARGAINING IN HIV/AIDS?
• Collective bargaining can secure existing legal rights on HIV/AIDS
• Collective bargaining is supplementary to the law and with the lack of comprehensive legislation it becomes an alternative to improve conditions of WLHA at the workplace.
• To improve training of workers in job related HIV/AIDS issues.
WHY CBA IN HIV Continued.
• To increase workers involvement in HIV/AIDS interventions at the workplace.
• To improve medical services, and First Aid supplies in fighting HIV/AIDS.
• The improvements at workplaces and branches can also in the long run positively influence the National legislation on HIV/AIDS .
INSTRUMENTS FOR CBA
1. INTERNATIONAL.
• ILO Conventions No. 87 and 98.
• ILO HIV/AIDS Code of Practice.
2. NATIONAL.(Tanzania)
• The United Republic Constitution 1977.
• The Security of Employment Act.
• The Industrial Court Act.
ELEMENTS OF AN HIV/AIDS CBA
• COVERAGE: The elements should cover the following:
1. Prevention of infection.
2. Promoting and observing the rights of WLWHA.
3. Care and support of WLWHA.
4. MITIGATION of the impact of HIV/AIDS.
ELEMENTS OF AN HIV CBA contd.
The central issue in any HIV CBA is the promotion of the rights of WLWHA.
WHAT IS A RIGHT?
• Is an INTEREST recognized and protected by law: Respect for which is duty or obligation and Disregard of which is a wrong. (Salmond.)
ELEMENTS OF AN HIV CBA Contd.
• Rights of WLWHA at workplace
• WLWHA in the workplace must be protected from Stigmatisation and Discrimination by co-workers, unions employers and clients.
ELEMENTS OF AN HIV CBA Contd.
• For employed persons: HIV/AIDS screening whether direct or indirect should NOT be required.
• All medical information including HIV/AIDS status must be kept confidential.
• Employees should not be required to inform employer regarding their HIV/AIDS status.
ELEMENTS OF AN HIV CBA Contd
• HIV/AIDS is not a cause for Termination of Employment.
• Just like in any other disease; WLWHA should be allowed to work as long as they are medically fit.
ELEMENTS OF AN HIV CBA Contd.
• WLWHA whose fitness to work is impaired should be reasonably accommodated.
• Change of type of work
• Reduced number of working hours.
• Part time working schedules.
ELEMENTS OF AN HIV CBA Cont.
CARE AND SUPPORT.
• Affordable medicare including
• antiretroviral drugs.
• Counselling service.
• Home based care.
• Prevention program on mother to child transmission.
ELEMENTS OF AN HIV CBA Contd.
• BENEFITS
• WLWHA should receive standard work related remuneration and allowances including Social Security and Social Insurance.
ELEMENTS OF AN HIV CBA Contd.
EDUCATION AND TRAINING
• Workers and Families should have access to information and Education programs on HIV/AIDS.
(This is essential for preventions of infection)
ELEMENTS OF AN HIV CBA Contd.
FIRST AID
• Situation requiring First Aid in the workplace, precautions must be taken to reduce risk of transmitting blood borne infections.
• Use of PEP for vulnerable groups e.g. Health Workers. [The use Nevirapin.]
CONCLUSION.• CBAs in HIV/AIDS should be
an ongoing activity at workplace.
• With regard to collective bargaining in HIV/AIDS it is important to look at the experiences from other countries in the region.
….
GROUP WORK: ROLE PLAY
• AIM: To enhance negotiating skills and experience.
Players: Union Committee at Enterprise and Management. Others to observe.
Union brief: Want to negotiate an HIV Agreement on reasonable accommodation and ARVs for WLWHA. You have written to Mgmt to suggest this.
Management brief: You want to restrict CBA to core issues (wages, hours, holidays). You are willing to draw up a workplace policy and you will show it the union Committee.