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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

2. Objectives


1) The Code’s primary objective is to set out guidelines for employers and trade unions to implement so as to ensure individuals with HIV infection are not unfairly discriminated against in the workplace. This includes provisions regarding:
i) creating a non-discriminatory work environment;
ii) dealing with HIV testing, confidentiality and disclosure;
iii) providing equitable employee benefits;
iv) dealing with dismissals; and
v) managing grievance procedures.


2) The Code’s secondary objective is to provide guidelines for employers, employees and trade unions on how to manage HIV/AIDS within the workplace. Since the HIV/AIDS epidemic impacts upon the workplace and individuals at a number of different levels, it requires a holistic response which takes all of these factors into account The Code therefore includes principles, which are dealt with in more detail under the statutes listed in item 5.1., on the following:
i) creating a safe working environment for all employers and employees;
ii) developing procedures to manage occupational incidents and claims for compensation;
iii) introducing measures to prevent the spread of HIV;
iv) developing strategies to assess and reduce the impact of the epidemic upon the workplace; and
v) supporting those individuals who are infected or affected by HIV/AIDS so that they may continue to work productively for as long as possible.


3) In addition, the Code promotes the establishment of mechanisms to foster cooperation at the following levels:
i) between employers, employees and trade unions in the workplace; and
ii) between the workplace and other stakeholders at a sectoral, local, provincial and national level.