Title: TRADE UNION CONGRESS OF TANZANIA (TUCTA)
1TRADE 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
2COLLECTIVE BARGAING IN HIV/AIDS
- OUTLINE OF PRESENTATION.
- DEFINITION.
- GENERAL OVERVIEW OF CBA.
- INSTRUMENTS FOR CBA.
- ELEMENTS OF AN HIV/AIDS CBA.
- CONCLUSION.
- GROUP WORK
3COLLECTIVE 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.
4GENERAL 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.
5CBA 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.
6WHY 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.
7WHY 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 .
8INSTRUMENTS FOR CBA
- INTERNATIONAL.
- ILO Conventions No. 87 and 98.
- ILO HIV/AIDS Code of Practice.
- NATIONAL.(Tanzania)
- The United Republic Constitution 1977.
- The Security of Employment Act.
- The Industrial Court Act.
9ELEMENTS OF AN HIV/AIDS CBA
- COVERAGE The elements should cover the
following - Prevention of infection.
- Promoting and observing the rights of WLWHA.
- Care and support of WLWHA.
- MITIGATION of the impact of HIV/AIDS.
10ELEMENTS 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.)
11ELEMENTS 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.
12ELEMENTS 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.
13ELEMENTS 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.
14ELEMENTS 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.
15ELEMENTS 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.
16ELEMENTS OF AN HIV CBA Contd.
- BENEFITS
- WLWHA should receive standard work related
remuneration and allowances including Social
Security and Social Insurance.
17ELEMENTS 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)
18ELEMENTS 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.
19CONCLUSION.
- 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.
20.
21GROUP 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.