Employment of persons with HIV/AIDS: what labor rights do they have?

01 April 2024, 15:26 | Ukraine
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In Ukraine, labor relations between employee and employer are regulated by relevant legislation. Persons living with HIV and belonging to groups at high risk of HIV infection are endowed with all rights and freedoms provided for by the Constitution of Ukraine, laws and regulations. Specialists from the south-eastern interregional department of the civil service for labor issues told us what labor rights this category of persons has.

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The State Duma noted that, according to Art.. 2-1 of the Labor Code, any discrimination in the world of work depending on health status, disability, suspicion or presence of HIV/AIDS is prohibited.

Article 16 of the Law of Ukraine “On combating the spread of diseases caused by the human immunodeficiency virus (HIV) and legal and social protection of people living with HIV” dated 12. 12. 1991. No. 1972-XII defines in more detail exactly what restrictions people living with HIV should not experience.

Experts emphasized that, based on a person’s HIV-positive status, it is prohibited:.

refuse to hire;

dismiss from work;

refuse admission to educational, medical institutions, social care and trusteeship institutions and social services;

refuse to provide medical care and social services.

The State Duma emphasized that it is also prohibited to infringe on the rights of relatives and friends of this category of persons.

In case of unlawful actions of officials, people with HIV and their relatives can protect their rights in court.

“If an employer insists on conducting such examinations before hiring, refuses to employ a person on suspicion or presence of HIV/AIDS, or dismisses him from work on these grounds, his actions are illegal and can be appealed in court,” the message says..

Previously, we wrote about the features of formalizing labor relations with seasonal workers.




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