AHL MARKET PLACE HIV/AIDS POLICY OVERVIEW

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1 1.0 INTRODUCTION One of Auction Holdings Limited s corporate objectives is To Build and Increase the Performance Capacity of Human Resources. As one of the specific objectives for achieving the above human resources corporate objective, Auction Holdings Limited has to ensure that it maintains a healthy workforce. To this effect, HIV & AIDS work and market place policy was set up to achieve that specific objective. will be achieved through the following two strategies:- i. Set up HIV/AIDS workplace policy. ii. Strengthen the operations of the existing Auction Holdings Limited Clinics and medical aid scheme. The main aim of the policy is to provide Auction Holdings Limited with a framework within which to accommodate and manage workers with HIV/AIDS and also those who have not contracted the virus. Auction Holdings Limited is aware of the fact that the HIV/AIDS epidemic is now a global crisis and constitutes one of the greatest challenges to development and social progress. In most affected countries such as Malawi, the epidemic is eroding a lot of development gains, undermining economies and destabilizing families and societies. Over and above the suffering it imposes on individuals and their families, the epidemic is severely affecting the social and economic fabric of society. HIV/AIDS is a major threat to the world of work, it is affecting the most productive segment of labour force and reducing earnings and it is imposing huge costs on companies in all sectors through declining productivity, increasing labour costs, loss of skills and experience. In addition, HIV/AIDS is affecting fundamental human rights at work, especially with respect to discrimination and stigmatization aimed at workers and people living and affected by HIV/AIDS. The epidemic and its impact has hit the hardest of the most vulnerable groups including women and children resulting in increasing the existing gender inequalities. In view of the above revelations, the Auction Holdings Limited Board assigned management to develop an HIV/AIDS Policy in order to counteract the impact of the epidemic on Auction Holdings Limited business and its employees. This will be achieved by addressing HIV/AIDS in a positive, supportive and non-discriminatory manner with the support and co-operation of all Auction Holdings Limited employees. The policy will assist management and employees in dealing with HIV/AIDS in the workplace. 2.0 PURPOSE AND SCOPE OF THE POLICY 1

2 The main purpose of the policy is to provide Auction Holdings Limited with a framework within which to accommodate and manage workers, growers, transporters and other stakeholders within the industry with HIV & AIDS as well as those who have not contracted the virus. The policy will also provide guidance on Auction Holdings Limited s position with respect to assisting employees who may have HIV & AIDS and those who do not have. WHAT PROMPTED AUCTION HOLDINGS LTD TO HAVE THE POLICY? In line with Malawi Government Policy on HIV & AIDS in the workplace, Auction Holdings Limited recognizes among other things the following:- HIV and AIDS are serious public health problems, which have socio-economic and human rights implications. HIV & AIDS is a disease still surrounded by ignorance, prejudice, discrimination and stigma. HIV knows no social, gender, age or racial boundaries, but it is accepted that socioeconomic circumstances do influence disease patterns. Women are particularly vulnerable to infection in cultures like ours where they have little or no control over their economic and social status. Loss of employment and individual income, loss of employees without adequate availability of replacement and a subsequent decline in production and national income can pose a severe and detrimental effect on the social and economic stability and growth of the country. HIV & AIDS epidemic will affect every workplace with prolonged staff illness, absenteeism and death impacting on productivity, employee benefits, occupational safety and health, production and workplace morale. One of the most effective ways of reducing and managing the impact of HIV & AIDS in the workplace is through the implementation of an HIV/AIDS policy programme. 3.0 OBJECTIVES OF THE POLICY This policy seeks to promote the achievement of the following objectives:- To recognize Auction Holdings Limited s responsibility to provide a healthy and equitable work environment for all employees, including those with HIV/AIDS. To provide equal access to available and accurate information, prevention methods, and available treatment and research results on HIV/AIDS to employees in order to empower individuals to make informed decisions about their health. To ensure all employees the right to keep confidential any information that is highly personal, including information about their HIV/AIDS status. 2

3 To be part of the global community by encouraging and assisting other corporate organizations to be aware and proactive to the challenges posed by HIV/AIDS. Auction Holdings Limited to remain a member of Malawi Business Coalition Against HIV/AIDS (MBCA). 4.0 FACTORS CONSIDERED IN THE POLICY FOR ITS EFFECTIVENESS. Auction Holdings Limited will observe and ensure that the following key values are considered necessary for this policy to be effective:- 4.1 Recognition of HIV/AIDS as a workplace matter The workforce as a part of the community has a role to play in the wider struggles to limit the spread and effects of the epidemic. 4.2 Non-discrimination No discrimination against workers on the basis of real or perceived HIV status. 4.3 Gender equity The gender dimensions of HIV/AIDS should be recognized. 4.4 Healthy work environment The work environment should be healthy and safe, so far as it is practicable. 4.5 Social dialogue The successful implementation of an HIV/AIDS policy and programme requires cooperation and trust between employers, workers and their representatives and where possible with active involvement of people infected and affected by HIV/AIDS. 4.6 Screening for purposes of exclusion from employment or work processes HIV/AIDS screening will not be required of job applicants or persons in employment. 4.7 Confidentiality No job applicants or workers will be asked to disclose HIV related personal information. Nor should co-workers be obliged to reveal such personal information about fellow workers. 3

4 4.8 Continuation of employment relationship HIV infection will not be the cause for termination of employment. As with many other conditions, persons with HIV related illnesses should be able to work as long as they are medically fit in available, appropriate work. 4.9 Prevention HIV infection is preventable. Prevention of all means can be achieved through a variety of strategies which are appropriately targeted to national conditions and which are culturally sensitive Care and support Solidarity, care and support should guide the response to HIV & AIDS in the world of work. 5.0 HOW WILL AHL PREVENT, CARE AND SUPPORT THE HIV & AIDS EPIDEMIC? Through Information and Awareness Auction Holdings Limited in consultation with its workers and their representatives shall initiate and support programmes that shall provide employees with sensitive accurate up-to-date information about risk reduction in their personal lives, how HIV is and is not transmitted, facts and myths about the epidemic, the impact of AIDS on individuals and possibilities for care, support and including the treatment, the alleviation of symptoms and other medical aspects of the disease. The information awareness programme shall be provided in a variety of forms not relying exclusively on the written word. Through Condom Distribution Auction Holdings Limited shall arrange to distribute and make available to employees free condoms. Condom usage shall be promoted in order to prevent HIV and socially transmitted infections. 6.0 Through Counseling and Care Educational programmes shall be developed in mutual consultations between employer, workers and other relevant stakeholders with expertise in HIV/AIDS education, counseling and care. Educational programmes shall take place during paid working hours and attendance shall be considered as part of work obligations. Where practical, appropriate programmes shall incorporate areas such as:- 4

5 Preventative and counseling methods. Promotion of safer sex practices. Peer education Through Training Training programmes shall be targeted and adapted to different groups being trained. The training shall include information on the disease itself and also on its transmission, prevention, workplace policy and resources available. Through treatment of HIV & AIDS Related Illnesses To date, there is no known cure for HIV infection. However, most opportunistic infections associated with HIV infection can be treated with affordable drugs and others prevented or delayed through drug prophylaxis. Auction Holdings Limited shall provide access to eligible persons ARV therapy treatment to HIV & AIDS related infections through its medical aid scheme (MASM) or its Clinics 7.0 HOW WILL AHL ENSURE EQUITY? Auction Holdings Limited is committed to making all programmes within the Company gender sensitive. This includes targeting both women and men explicitly, or addressing either women or men in separate programmes in recognition of the different types of degrees of risk for men and women workers. Education shall be designed to help both women and men to understand and act upon the unequal power relations between them in employment and personal situations with harassment and violence being addressed specifically. 9.0 HOW WILL AHL HONOUR YOUR RIGHTS? Auction Holdings Limited shall not do any pre-employment HIV/AIDS screening, nor as a condition of continued employment as part of its fitness to work assessment. This is unnecessary and against human rights and dignity of the workplace. Employees shall be given the normal tests (physical and mental) of current fitness of work required and these tests shall not include testing for HIV. 10 YOUR CONFIDENTIALITY IS GUARANTEED. Auction Holdings Limited recognizes the principle that it has a duty to protect confidentiality of the employees and that all persons with HIV or AIDS have the legal right to privacy and that they are under no obligation to reveal whether or not they are 5

6 HIV-infected.Therefore, confidentiality regarding medical information including HIV status shall be maintained at all times HOW IS THE HIV & AIDS POLICY RELATED TO THE EMPLOYMENT POLICY? The following is the Auction Holdings Limited employment policy in relation to HIV/AIDS: Recruitment and Promotion Auction Holdings Limited will not discriminate against an employee or applicant for employment or promotion as long as the person is capable of performing the required job. However, the medical criterion for employment is fitness to fulfill the job requirements Termination of Service Auction Holdings Limited will not dismiss or terminate services of employees on the basis of their HIV/AIDS status Sick Leave and Incapacitation 16.4 Salary and Benefits 16.5 Care of Dependants Once an employee s work performance and attendance become affected, he/she will be entitled to the same sick leave allocation as any other employee as provided for in the Conditions of Service. If the employee is declared unfit to work, he/she may be retired on illhealth and will be entitled to retirement benefits as provided for in the Auction Holdings Limited pension rules and/or Conditions of Service. Employees who are infected will be entitled to salary and benefits like all other employees but subject to the Conditions of Service of Auction Holdings Limited. Employees who have to care for dependants suffering from HIV or AIDS may be given compassionate leave in line with Auction Holdings Limited Conditions of Service or they may apply for unpaid leave but such unpaid leave will be approved at the discretion of Auction Holdings Limited. 6

7 16.6 Medical Benefits 16.7 Budget Employees and their registered dependants who are HIV & AIDS positive will enjoy medical benefits in line with rules of Auction Holdings Limited medical scheme which do provide for free ARVs (Antiretroviral drugs). Auction Holdings Limited will make a reasonable budget provision for the prevention of HIV/AIDS as it is a serious challenge to manpower development and productivity MANAGEMENT COMMITMENT Management shall ensure that issues relating to HIV and AIDS are openly discussed during staff meetings and that relevant posters are displayed in their respective branches, departments and sections COORDINATION AND MONITORING OF HIV/AIDS ISSUES Human Resources and Administration Department will be responsible for coordinating and monitoring issues relating to HIV and AIDS REVIEW OF POLICY This policy shall be reviewed as need arises in conjunction with developments in the medical and scientific arena concerning knowledge and practices pertaining to the epidemic. 7