Artikel

AIDS en de juridische bescherming van de werknemers

---

Abstract

Aids and the legal protection of employees - Taking into account that most HIV-infected persons are of working age, the problems of labour law require further attention. To protect seropositive workers or applicants adequately we need many protective rules. This is primarily the case during application. Against the principle of freedom of recruitment there are insufficient rules protecting the seropositive applicant from discriminatory investigations and tests. It is also to be deplored that there is no preventive protection, so that the direct consequence of such investigations and tests, namely not getting engaged, remains. During the execution of the employment contract, infected workers are especially threatened when the illness begins to develop. Violations of professional secrecy by the controlling medical officer have often been noticed and the employer has great power to dismiss a sick worker during his period of disablement without too many consequences. As the employer has the freedom of recruitment he also has the power to dismiss anyone he wants, whenever he wants. The only protection of the worker who has been unfairly dismissed and been the victim of legal abuse is the fact that damages can be claimed in excess of those awarded when he is lawfully dismissed. It should be noticed that a different onus of proof is imposed on manual workers and white collar workers and that there is no unfair dismissal or abuse of law when the employer can justify his decision with economic motives. Infected workers are confronted at all stages of employment with weak links in the protective rules. It would be best if these legal problems were solved, but as long as this has not happened we must try to prevent panic and irrational reactions as much as possible. The best way of doing this would be by informing thoroughly all parties concerned. The seronegative worker has better protection. All persons within the workplace have a responsibility towards safety, health and hygiene. In working environments where there is a certain risk of infection the employer and medical inspector will have to see to it that workers can do their jobs in safe and healthy working conditions by taking informative and preventive measures. Informative measures will also be needed in workplaces where there is no risk of infection, to eliminate unfounded fears about aids.

How to Cite:

Lavens, K., (1992) “AIDS en de juridische bescherming van de werknemers”, Tijdschrift voor Sociale Wetenschappen 37(2), 137–164. doi: https://doi.org/10.21825/tvsw.95104