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TRADE UNION CONGRESS OF TANZANIA (TUCTA)

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2003 PRETORIA - SOUTH AFRICA. COLLECTIVE BARGAING IN HIV/AIDS. OUTLINE OF PRESENTATION. ... To improve medical services, and First Aid supplies in fighting HIV/AIDS. ... – PowerPoint PPT presentation

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Title: TRADE UNION CONGRESS OF TANZANIA (TUCTA)


1
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

2
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

3
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.

4
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.

5
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.

6
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.

7
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 .

8
INSTRUMENTS 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.

9
ELEMENTS 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.

10
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.)

11
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.

12
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.

13
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.

14
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.

15
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.

16
ELEMENTS OF AN HIV CBA Contd.
  • BENEFITS
  • WLWHA should receive standard work related
    remuneration and allowances including Social
    Security and Social Insurance.

17
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)

18
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.

19
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.

20
.
  • THANK YOU

21
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.
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