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 – 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 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.

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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.