The actual or assumed status of HIV positive does not constitute a just cause for termination of any person, either in a company or an institution, under the law 3940/09. The requirement to take the test as a condition for gaining access to employment is also illegal.
The HIV / AIDS and Human Rights Advisory and Reporting Center released the list of companies condemned between 2016 and 2019 for breaches of labor rights guaranteed by Law 3940/09.
The victims reported that they were disconnected to assume the positive serological status or to refuse to have the Elisa test.
According to statistical data from 2016 to May 2019, a total of 43 complaints were registered to companies, of which 18 dismissed their workers who assumed that they were living with HIV, 3 of them demanded the analysis and 3 laboratories performed the test contrary to the provisions of Article 4 of the Law, Francisco Lawyer Benítez Añazco.
These companies violate Law 3940/09, which in its Article 21 states: "Enforcement against the employee of arbitrary acts, harassment, crimes of confidentiality regarding serological status, dismissal or other form of discrimination in employment, as well as it exercises any kind of pressure or coercion to perform the laboratory test for the diagnosis of HIV infection, and presupposes the completion or outcome of the test asset, promotion or duration of the workplace, the provisions of the working code will be applied in these cases, without prejudice to other measures which the affected worker may exercise . "
The companies are subject to fines or until their business ends, which results from complaints about discrimination against people living with HIV. The advice and complaints made relevant efforts in all reported cases to guide and advise the complainants.
In addition to Law 3940/09, it is recalled that the Ministry of Labor issued a resolution stating that "employers shall not require the admission, duration or promotion of workers, presentation of the results of HIV testing, penalties for directing the sanctions provided for in the Labor Code in its Articles 278, 282, 385 and consistent. Similarly, it is recalled that the actual or assumed status of HIV positive does not constitute a just cause for termination.
From the Ministry of Labor, clarifications were made that the diagnosis of HIV infection is not mandatory as an authorization for medical access or for permanent or promotion at the workplace.
Gives it as set out in Article 278 of the Labor Code 213/93 Act. and its amendments: "Failure by the employee and the employer to comply with their health, hygiene and safety obligations at the workplace constitutes serious infringements sanctioned under this Code".
Consequently, the employer who requires the employee, as a condition for accessing the job, the medical examination of HIV / AIDS, the Elisa test, will be penalized with a fine of 30 (thirty) minimum wages.
It is requested to report to the Counseling and Reporting Center for HIV / AIDS and Human Rights, which have contact facilities such as the WhatsApp line 0985-649-119 or the free line activated from tigo * 3535.
In addition, it is treated confidentially on site in Venezuela 888 almost Diagonal Mola. The organization also has all social networks and the website www.denuncias-vih.org.py with free and confidential service.
With regard to the laboratories that also appear in the list, Benítez Añazco explained that everyone is the one who performs the test without the employee's consent and delivers the results to the company.
In the exa battery that workers are asked for, they should not include the HIV test and if they do not agree, they all have their rights without explaining the negative.
"There are places where you work with foods that still require the worker to present the result and the laboratory that got the order to carry out the studies gives the results that the company is confidential and that the requirement ceased to be such with the validity of law since 2009," explained lawyer Benítez .
List of companies and institutions for dismissal in violation of Article 21 of the Act:
San Roque González de Santacruz municipality
San Roque González de Santacruz Health Care
Cooperativa 7 de agosto
Chicken Don Juan
Supermarket La Bomba
La Paraguayita restaurant
Hospital of clinics
Paraguayan Army Command
Nation's armed forces
Private school Our Sra.de la Asunción
Jockey Club or Paraguay
Boats and wheels s.a.
Complaints for test requirements contrary to Article 21 of the Act correspond to:
The laboratories that perform the test in violation of Article 4 of the Act: