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.