TRADE UNION CONGRESS OF TANZANIA (TUCTA)

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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

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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

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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.

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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.

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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.

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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.

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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 .

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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.

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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.

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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.)

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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.

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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.

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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.

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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.

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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.

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ELEMENTS OF AN HIV CBA Contd.

• BENEFITS
• WLWHA should receive standard work related
  remuneration and allowances including Social
  Security and Social Insurance.

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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)

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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.

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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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.

• THANK YOU

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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.