Vietnam: Can an employer terminate an employment contract with an HIV-infected employee?
- Can an employer terminate an employment contract with an HIV-infected employee?
- What are the responsibilities of employers in HIV/AIDS prevention and control in the workplace?
- What acts are prohibited in HIV/AIDS prevention and control?
- What are the State policies on HIV/AIDS prevention and control?
Can an employer terminate an employment contract with an HIV-infected employee?
Pursuant to the provisions of Clause 2, Article 14 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam:
HIV/AIDS prevention and control in the workplace
...
2. The employer may not:
a/ Terminate the employment or working contract of an employee or cause difficulties to this person in his/her work on the ground that such person is infected with HIV;
b/ Force a physically fit employee to change the job he/she has been doing on the ground that such person is infected with HIV;
c/ Refuse to give a salary raise to or to promote an employee, or fail to ensure his/her legitimate rights or benefits on the ground that such person is infected with HIV;
d/ Request a job applicant to have an HIV test or produce an HIV test result, or refuse to recruit a person on the ground that such person is infected with HIV, except for the case specified in Clause 3, Article 28 of this Law.
Thus, it is strictly forbidden by law if the employer terminates the employment contract of an employee on the ground that such person is infected with HIV.
In summary, an employer can terminate a contract with an HIV-infected employee if it complies with the labor law on the reason for termination (not due to the employee's HIV infection), the procedures for termination, etc.
Vietnam: Can an employer terminate an employment contract with an HIV-infected employee? (Image from the Internet)
What are the responsibilities of employers in HIV/AIDS prevention and control in the workplace?
Pursuant to the provisions of Clause 1, Article 14 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam stipulating the responsibilities of employers in HIV/AIDS prevention and control in the workplace as follows:
- Organize propaganda and education on HIV/AIDS prevention and control measures and anti-stigmatization and anti-discrimination against HIV-infected people in the agency, organization or people's armed force unit;
- Arrange jobs suitable to the health and professional qualification of HIV-infected laborers;
- Facilitate employees' participation in HIV/AIDS prevention and control activities;
- Have other responsibilities related to HIV/AIDS prevention and control in accordance with law.
What acts are prohibited in HIV/AIDS prevention and control?
Pursuant to the provisions of Article 8 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam stipulating prohibited acts in HIV/AIDS prevention and control, including:
- Purposefully transmitting or causing the transmission of HIV to another person.
- Threatening to transmit HIV to another person.
- Stigmatizing and discriminating against HIV-infected people.
- Parents abandoning their HIV-infected minor children; guardians abandoning their HIV-infected wards.
- Making public the name, address and images of an HIV-infected person or disclosing information on a person's HIV infection to another without consent of that person, except for the case specified in Article 30 of this Law.
- Falsely reporting HIV infection of a person not infected with HIV.
- Forcing HIV testing, except for the cases specified in Article 28 of this Law.
- Conducting transfusion of HIV-contaminated blood or blood products, transplantation of HIV-contaminated tissues or body parts into another person.
- Refusing to provide medical examination or treatment to a patient for knowing or suspecting that such person is infected with HIV.
- Refusing to bury or cremate the corpses of dead persons for HIV/AIDS-related reasons.
- Taking advantage of HIV/AIDS prevention and control activities to make personal profits or to commit illegal acts.
- Other acts prohibited by the law.
What are the State policies on HIV/AIDS prevention and control?
Pursuant to the provisions of Article 6 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam, the State policies on HIV/AIDS prevention and control include:
- To encourage domestic and foreign agencies, organizations and individuals to cooperate and support in all forms in HIV/AIDS prevention and control; to encourage the development of self-care models organized by HIV-infected people.
- To support the domestic production of ARVs; to take measures to reduce prices of ARVs.
- To encourage enterprises, agencies and peoples' armed force units to train and employ HIV-infected people and their family members or to invest resources in HIV/AIDS prevention and control.
- To mobilize the participation of the whole society and the financial and technical contributions of domestic and foreign agencies, organizations and individuals in HIV/AIDS prevention and control.
- To mobilize and coordinate resources for HIV/AIDS prevention and control suitable to national socio-economic conditions and HIV/AIDS epidemic situation in each period.
- To support scientific research, experts exchange and training, and technology transfer in HIV/AIDS prevention and control.
- To support the prevention and control of mother-to-child HIV transmission, the rearing of under-six-month babies born to HIV-infected mothers with substitute milk, and support AIDS patients in particularly difficult circumstances.
- To treat, care for and support people infected with HIV due to occupational accidents.
LawNet