TRADE UNION CONGRESS OF TANZANIA (TUCTA)

1. 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

2. 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

3. 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.

4. 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.

5. 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.

6. 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.

7. 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 .

8. 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.

9. 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.

10. 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.)

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. ELEMENTS OF AN HIV CBA Contd. • BENEFITS • WLWHA should receive standard work related remuneration and allowances including Social Security and Social Insurance.

17. 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)

18. 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.]

19. 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.

20. …. THANK YOU

21. 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.