A person’s real or perceived HIV/AIDS status must not be factored into decisions relating to hiring, working conditions, pay, opportunities for promotion, access to training, or termination.

Employees with HIV and AIDS should be able to work as long as they are physically fit and are not endangering themselves or others in the workplace.

Employers must take steps to prevent and control HIV/AIDS in the workplace, such as:

• developing a policy on HIV/AIDS prevention;
• communicating efforts to prevent and control HIV/AIDS, and educating workers on HIV/AIDS;
• protect workers with HIV/AIDS from discrimination; and
• implementing occupational health and safety procedures to prevent and control HIV/AIDS.

Employers must not require workers to undergo HIV/AIDS tests as part of the hiring process or at any time during employment. If voluntary tests are conducted, employers must provide counselling before and after the test.

Resource Guides:

An ILO Code of Practice on HIV/AIDS and the World of Work, ILO (2001);
​Technical Guidance on HIV/AIDS Prevention and Treatment at the Workplace, Ministry of Manpower and Transmigration (2005).

LEGAL REFERENCES:

MANPOWER ACT NO. 13 OF 2003, ART. 6 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 6];
MOMT DECREE NO. KEP.68/MEN/IV/2004, ARTS. 2, 3, 5 [KEPUTUSAN MENAKERTRANS NO. KEP. 68/MEN/ IV/2004, PASAL 2, 3, 5];
DIRECTOR-GENERAL OF MANPOWER MANAGEMENT AND MONITORING DECISION NO. KEP.20/DJPPK/VI.2005.