References labor aids /hiv cases

. OBJECTIVE
1.) This paper reports on the status of the implementation of workplace policies and
programs on HIV/AIDS for the government sector. In accomplishing this, the
background, the process for the formulation of public policies and programs on
HIV/AIDS and sexually transmitted diseases (STDs) at the workplace in the
Philippines were examined, how decisions on policy and programs were made, and
how the program evolved as an integrated effort of various social stakeholders.

II. BACKGROUND
2.) HIV/AIDS infection was first identified in the early eighties in the Philippines. At that time, HIV/AIDS
was accepted as a serious health problem, thus the first government agency to respond was the
Department of Health. It did not take long to realize that such a problem could not be purely
addressed in health terms, that social and economic aspects were important determinants as well as
outcome of HIV/AIDS infection. The late eighties was preoccupied by reporting on a regular monthly
basis the results of limited medical surveillance; the media was full of news each time a new person
was added to the list. It was also the time when case studies among different populations, particularly
dwelling on the sexual vulnerabilities of those highly considered at risk that time, i.e., commercial sex
workers and men who had sex with men, were carried out by DOH and some NGOs. Mass media was
the most common method of communicating knowledge, attitudes and practices on HIV/AIDS.
3.) By the 90s, it was generally accepted that there was indeed a silent epidemic of HIV/AIDS in the
country; and by this time the social and economic aspects have become clear. Those infected were in
the age bracket of 19 to 35, the ignorance on its transmission was supported by several myths and
false information that HIV was transmitted thru kissing, thru using same utensils, and by sitting or
working close to somebody elses in the office or factories.
4.) More government agencies responded to the problem of HIV/AIDS. This included the Department
of Labor and Employment (DOLE). A first step under the program was to involve a representative mix
of partners in examining the scope for a strategy and possible workplace interventions on HIV/AIDS
and STD. This was an important premise for workplace initiatives on health and welfare, that is, to
assess workplace complexities in terms of relationships and program. Thus, through Administrative
Order No. 236 in August 1996, an Inter-Agency Committee (IAC) within DOLE was created to draft a
proposed plan of action for the Workplace-based Strategies on STD/HIV/AIDS. The IAC was tasked
to submit its proposal to promote and and/or to sustain STD/HIV education at community and
workplace levels.
5.) Box 1 lists the members of the IAC which are composed of permanent representatives, with senior
technical rank, or designated alternates from the following DOLE bureaus, offices and agencies:

Box 1
List of Interagency members on STD/HIV/AIDS
(AO 236, Series of 1996) DOLE
Office of the Assistant Secretary for Policy and International Affairs
Office of the Assistant Secretary for Regional Operations
Bureau of Labor Relations (BLR)
Bureau of Women and Young Workers (BWYW)
Bureau of Working Conditions (BWC)
Employees' Compensation Commission (ECC)
Finance and Management Service (FMS)
International Labor Affairs Service (ILAS)
Institute for Labor Studies (ILS)
Occupational Safety and Health Center (OSHC)
Overseas Workers' Welfare Administration (OWWA)
Phil. Overseas Employment Administration (POEA)

References labor aids /hiv cases

6.) The administrative order stipulated that the list of members may be expanded to include other
DOLE offices, bureaus and agencies as necessary, and tasked the Occupational Safety and Health
Center (OSHC) to coordinate the implementation of the project. The IAC acted as a
consultative/advisory body on STD/HIV/AIDS in the Workplace. and served as the focal group on
workplace based STD/HIV/AIDS programs to the ensure coordination of all partners involved in
specific activities. IAC meetings have therefore been serving as fora for policy development and
strategic
planning,
and
have
been
catalyzing
STD/HIV/AIDS
activities 1.
1 ( Identifying the Focal Point: The Occupational Safety and Health Center (OSHC) as Coordinator. In line with the
objectives of the Department of Labor and Employment's efforts to establish an STD/HIV/AIDS Workplace Program,
through the Project "Support for HIV/AIDS and STDs Actions in the Philippines" the Undersecretary for Workers
Protection and Welfare designated the Occupational Safety and Health Center (OSHC) to coordinate the policy
formulation and action programs with the support of the IAC. The OSHC belongs to the Cluster of agencies under the
Workers' Protection and Welfare of the DOLE )

III. The Government s Workplace STD/HIV/AIDS Prevention

7.) At government level, the Department of Labor and Employment (DOLE) is at the forefront of social
and industrial policy and services of 35 million Filipino workforce. It has taken the lead in policy
formulation and program implementation on HIV/AIDS and STDs in cooperation with bureaus,
agencies and a network of Regional Offices throughout the Philippines the DOLE is accountable for
overseeing labor standards and developing policy studies and labor rights and workers protection
programs. It works with its social partners in government, employers and workers as well as with
NGOs and civic groups that can be mobilized for advocacy and awareness raising.
8.) Both the National Workplace Policy and the Strategic Plan were subsequently ratified by the
participants of the Workshop in September 1997 by way of a Joint Communiqu, which summarizes
the commitments of the DOLE and its social partners, as seen in Annex 1.
9.) Five Goals of the National Workplace Policy: (Box 2).

Box 2. Goals of the Workplace Policy on STD/HIV/AIDS

1. The Policy aimed at creating awareness on the dangers of STD/HIV/AIDS.
2. The conduct of Action Research on workplace issues on STD/HIV/AIDS and
disseminating the results.
3. Review and revision of existing laws and the passage of new legislation aimed at
promoting workers health while safeguarding their individual rights.
4. Provision of support services such as counseling and alternative livelihood means for
individuals already found to be HIV positive.
5. Improving management and coordination between government, the employers and labor
groups and the NGOs and monitoring and evaluating the progress and results of
operational programs. In line with this, the Occupational Safety and Health Center
(OSHC) was designated as the agency within the DOLE responsible for overseeing the
implementation of the Policy, Strategy and related programs.
10.)

Linking

Policy

to

Strategy

The Strategic Plan aims to achieve the five goals of the Policy by enlisting the participation of all
involved sectors of society with the Government taking the lead. The objectives included reaching a
substantial number of the national workforce and to integrate action on STD/HIV/AIDS into existing
health and welfare programs.

References labor aids /hiv cases

11. Republic Act No. 8504: The Philippine AIDS Prevention and Control Act of 1998
On February 13, 1998, the President signed the Philippine National AIDS Prevention and Control Act
of 1998 or Republic Act 8504, into law. It includes provisions that require HIV/AIDS education
programs to be given in all government and private offices, and in all communities. It also has
provisions against discriminatory practices at work, and contains penalties for violations against these
provisions. The Department of Labor has actively participated in the development of the law's
Implementing Rules and Regulations, which have now been completed. Concerning the workplace,
the Act mandates the DOLE and the Department of Health (DOH) to supervise and monitor the
implementation of the provisions of the Republic Act particularly preventive education including the
observance of the rights of HIV positive workers.
12.

The

National

Workplace

Action

Plan

on

HIV/AIDS

and

STDs

In March of 1998, a Workshop was held at the Occupational Safety and Health Center to develop a
National Action Plan for the Philippines. Participants came from the Department of Labor and
Employment, from Labor and Employer Groups as well as from NGOs, Academe and Professional
organizations.
The National Action Plan outlines how programs relating to STD/HIV/AIDS workplace issues will be
set up and maintained over a five-year period. The Workshop suggested that to adequately inform
and educate the workforce on STD/HIV/AIDS, a multisectoral approach was needed.
a. This would initially mean conducting knowledge, attitudes and skills assessment studies to
document what workers in highly vulnerable sectors knew about STD/HIV/AIDS,
b. how training curricula could be geared towards different workplace environments,
c. how the training of trainers would be organized, and who would form the core group of educators.
The Plan, enlists the Civil Service Commission to require all government agencies to install such
health programs within their offices. Furthermore, the Plan also calls for the modification of Rule 1960
on the Occupational Health Services of the Occupational Safety and Health Standards Code to
emphasize STD/HIV/AIDS programs among the services offered by company medical clinics. "Rule
1960, General Provisions - 1) every employer shall establish in his place of employment occupational
health services". The Labor Code of the Philippines including the OSH Standards is currently under
review.
In conjunction with efforts at the workplace itself, the Plan also calls for a review of existing facilities
and policies in health care, socio-economic services and legal services so as to ensure that persons
with STD/HIV/AIDS have full access to such services. There is the move to increase awareness of
STD/HIV/AIDS in the general populace by including information materials on display at public events,
by using mass media and by utilizing special commemorative occasions and holidays (e.g. World
AIDS
Day,
Labor
Day
etc.).
The Proceedings and matrices developed during the National Action Plan Workshop were submitted
to the Inter-Agency Committee and to DOLE's social partners for comments and revisions and these
have been approved. Also discussed was the enhancement of the IAC's functions by way of a DOLE
Department Order, which would designate the present IAC as the advisory and policy-making body of
the DOLE with regard to STD/HIV/AIDS in the workplace. In September 1998, the Inter-Agency
Committee has concluded a series of brainstorming sessions to develop activities in line with the
goals identified in the National Action Plan.

13. Interventions
There are several areas in preventive education on HIV/AIDS and STDs where the workplace
population would need clear and up-to-date information. These include: general knowledge on

References labor aids /hiv cases

aspects of HIV/AIDS and STDs, the National Workplace Policy and Strategy on HIV/AIDS/STDs,
current and pending legislation, sound preventive education practices, some unpopular practices;
recent progress in the treatment of HIV/AIDS and STDs; the case studies of vulnerable populations,
other agencies' research within the country, and updates on international biomedical research. One
important focus will be on orienting social partners towards Republic Act 8504 and in implementing
training programs for both the private and public sectors (Box 3).

Box 3
Future Areas for Interventions *
1. Further investigations into the knowledge attitudes and practices of public sector
employees and vulnerable population on STD/HIV/AIDS. (OSHC, IAC)
2. Formulating a Communication Plan for STD/HIV/AIDS at all levels. (OSHC, IAC)
2.1. Curriculum development for awareness raising in the provisions of RA
8504 of different workplace partners, (OSHC & IAC, DOH, NGOs) including
labor inspectors to include compliance to these provisions in their inspection
reports.
2.2 Orientation of management on the new law and the issues accompany
STD/HIV/AIDS so as to enhance their capability to deal with these at their
offices and promote a discrimination free workplace.
2.3 Orientation of labor management councils through the Philippine Labor
Management Council (PALMC0). (PALMCO & OSHC, NGOs)
2.4 Improvement of the Pre-Departure Orientation Seminars (PDOS) of the
Philippine Overseas Employment Agency (POEA) of the DOLE (NGOs,
OSHC, POEA)
2.5 Support for universal precautions, awareness raising and skills training in
relation to the Zero Accident Program (ZAP) of the Occupational Safety and
Health Center (OSHC). (OSHC, DOH)
3. Development of a module on STD/HIV/AIDS with the National Maritime Polytechnic
(NMP). (OSHC & NMP)
4. Enabling HIV/AIDS persons to be aware of and gain access to different livelihood and
education programs. (Pinoy Plus & DOLE))
5. Improvement of STD/HIV/AIDS service provision at company clinics. (PCOM, OHNAP,
PMAP, OSHC, NGOs)

* for abbreviations please see Annex 3

13. Reconstitution of the Philippine National AIDS Council:

In 1992, the President, through Executive Order No. 39, established the Philippine National AIDS
Council (PNAC). Tasked to advise the President on matters pertaining to HIV/AIDS, the Council
includes as its members, private and public sector offices and organizations. The Secretary of Health

References labor aids /hiv cases

acts as Chairman of the Council. The Secretary of Labor and Employment has de facto responsibility
for
workplace
related
HIV/AIDS
initiatives.
With the advent of the new AIDS Law in February 1998, the Philippine National AIDS Council has
been reconstituted and its functions have been enhanced from being an advisory body to one that is
allowed to formulate policies . The Department of Labor and Employment sits as a member
organization and is represented by the Executive Director of the Occupational Safety and Health
Center.

An ILO code of practice on HIV/AIDS and the world of work

Key principles
4.1. Recognition of HIV/AIDS as a workplace issue HIV/AIDS is a workplace issue,
and should be treated like any other serious illness/ condition in the workplace.
This is necessary not only because it affects the workforce, but also because the
workplace, being part of the local community, has a role to play in the wider
struggle to limit the spread and effects of the epidemic
. 4.2. Non-discrimination In the spirit of decent work and respect for the human
rights and dignity of persons infected or affected by HIV/AIDS, there should be no
discrimination against workers on the basis of real or perceived HIV status.
Discrimination and stigmatization of people living with HIV/AIDS inhibits efforts
aimed at promoting HIV/AIDS prevention.
4.3. Gender equality The gender dimensions of HIV/AIDS should be recognized.
Women are more likely to become infected and are more often adversely
affected by the HIV/AIDS epidemic than men due to biological, socio-cultural and
economic reasons. The greater the gender discrimination in societies and the
lower the position of women, the more negatively they are affected by HIV.
Therefore, more equal gender relations and the empowerment of women are
vital to successfully prevent the spread of HIV infection and enable women to
cope with HIV/AIDS.
4.4. Healthy work environment The work environment should be healthy and
safe, so far as is practicable, for all concerned parties, in order to prevent
transmission of HIV, in accordance with the provisions of the Occupational Safety
and Health Convention, 1981 (No. 155). A healthy work environment facilitates
optimal physical and mental health in relation to work and adaptation of work to
the capabilities of workers in light of their state of physical and mental health.

References labor aids /hiv cases

4.5. Social dialogue The successful implementation of an HIV/AIDS policy and
programme requires cooperation and trust between employers, workers and
their representatives and govern-4 An ILO code of practice on HIV/AIDS and the
world of work ment, where appropriate, with the active involvement of workers
infected and affected by HIV/AIDS.
4.6. Screening for purposes of exclusion from employment or work processes
HIV/AIDS screening should not be required of job applicants or persons in
employment.
4.7. Confidentiality There is no justification for asking job applicants or workers to
disclose HIV-related personal information. Nor should co-workers be obliged to
reveal such personal information about fellow workers. Access to personal data
relating to a workers HIV status should be bound by the rules of confidentiality
consistent with the ILOs code of practice on the protection of workers personal
data, 1997.
4.8. Continuation of employment relationship HIV infection is not a cause for
termination of employment. As with many other conditions, persons with HIVrelated illnesses should be able to work for as long as medically fit in available,
appropriate work.
4.9. Prevention HIV infection is preventable. Prevention of all means of
transmission can be achieved through a variety of strategies which are
appropriately targeted to national conditions and which are culturally sensitive.
Prevention can be furthered through changes in behaviour, knowledge,
treatment and the creation of a non-discriminatory environment. The social
partners are in a unique position to promote prevention efforts particularly in
relation to changing attitudes and behaviours through the provision of
information and education, and in addressing socio-economic factors.
4.10. Care and support Solidarity, care and support should guide the response to
HIV/AIDS in the world of work. All workers, including workers with HIV, are
entitled to affordable health services. There should be no discrimination against
them and their dependants in access to and receipt of benefits from statutory
social security programmes and occupational schemes.

5.2. Employers and their organizations

(a) Workplace policy. Employers should consult with workers and their
representatives to develop and implement an appropriate policy for their
workplace, designed to prevent the spread of the infection and protect all
workers from discrimination related to HIV/AIDS. A checklist for workplace policy
planning and implementation appears in Appendix III.
(b) National, sectoral and workplace/enterprise agreements. Employers should
adhere to national law and practice in relation to negotiating terms and
conditions of employment about HIV/AIDS issues with workers and their

References labor aids /hiv cases

representatives, and endeavour to include provisions on HIV/AIDS protection and
prevention in national, sectoral and workplace/enterprise agreements.
(c) Education and training. Employers and their organizations, in consultation
with workers and their representatives, should initiate and support programmes
at their workplaces to inform, educate and train workers about HIV/AIDS
prevention, care and support and the enterprises policy on HIV/AIDS, including
measures to reduce7 5. General rights and responsibilities discrimination against
people infected or affected by HIV/AIDS and specific staff benefits and
entitlements.
(d) Economic impact. Employers, workers and their organizations, should work
together to develop appropriate strategies to assess and appropriately respond
to the economic impact of HIV/AIDS on their particular workplace and sector.
(e) Personnel policies. Employers should not engage in nor permit any personnel
policy or practice that discriminates against workers infected with or affected by
HIV/AIDS. In particular, employers should: not require HIV/AIDS screening or
testing unless otherwise specified in section 8 of this code; ensure that work is
performed free of discrimination or stigmatization based on perceived or real HIV
status; encourage persons with HIV and AIDS-related illnesses to work as long
as medically fit for appropriate work; and provide that, where a worker with an
AIDS-related condition is too ill to continue to work and where alternative
working arrangements including extended sick leave have been exhausted, the
employment relationship may cease in accordance with anti-discrimination and
labour laws and respect for general procedures and full benefits.
(f) Grievance and disciplinary procedures. Employers should have procedures
that can be used by workers and their representatives for work-related
grievances. These procedures should specify under what circumstances
disciplinary proceedings can be commenced against any employee who
discriminates on the grounds of real or perceived HIV status or who violates the
workplace policy on HIV/AIDS.
(g) Confidentiality. HIV/AIDS-related information of workers should be kept
strictly confidential and kept only on medical files, whereby access to information
complies with the Occupational Health Services Recommendation, 1985 (No.
171), and national laws and practices. Access to such information should be
strictly limited to medical personnel and such information may only be disclosed
if legally required or with the consent of the person concerned.
(h) Risk reduction and management. Employers should ensure a safe and healthy
working environment, including the application of Universal Precautions and
measures such as the provision and maintenance of protective equipment and
first aid. To support behavioural change by individuals, employers should also
make available, where appropriate, male and female condoms, counselling, care,
support and referral services. Where size and cost considerations make this
difficult, employers and/or their organizations should seek support from
government and other relevant institutions.

References labor aids /hiv cases

(i) Workplaces where workers come into regular contact with human blood and
body fluids. In such workplaces, employers need to take additional measures to
ensure that all workers are trained in Universal Precautions, that they are
knowledgeable about procedures to be followed in the event of an occupational
incident and that Universal Precautions are always observed. Facilities should be
provided for these measures. 8 An ILO code of practice on HIV/AIDS and the
world of work
(j) Reasonable accommodation. Employers, in consultation with the worker(s)
and their representatives, should take measures to reasonably accommodate the
worker(s) with AIDS-related illnesses. These could include rearrangement of
working time, special equipment, opportunities for rest breaks, time off for
medical appointments, flexible sick leave, part-time work and return-to-work
arrangements.
(k) Advocacy. In the spirit of good corporate citizenship, employers and their
organizations should, where appropriate, encourage fellow employers to
contribute to the prevention and management of HIV/AIDS in the workplace, and
encourage governments to take all necessary action to stop the spread of
HIV/AIDS and mitigate its effects. Other partnerships can support this process
such as joint business/trade union councils on HIV/AIDS.
(l) Support for confidential voluntary HIV counselling and testing. Employers,
workers and their representatives should encourage support for, and access to,
confidential voluntary counselling and testing that is provided by qualified health
services.
(m)Workers in informal activities (also known as informal sector). Employers of
workers in informal activities should investigate and, where appropriate, develop
prevention and care programmes for these workers. (n) International
partnerships. Employers and their organizations should contribute, where
appropriate, to international partnerships in the fight against HIV/AIDS.

Key Features of Republic Act 8504: Provisions of RA 8504

relevant in the workplace
Article I: Education and Information - Section 6: HIV/AIDS Education in the
Workplace

All government and private employees shall be provided with standardized basic information and
instruction on HIV and AIDS.

HIV / AIDS education shall be integrated into orientation, training, continuing education, HR devt
programs, etc

References labor aids /hiv cases

Each employer shall develop, implement, evaluate and fund a workplace HIV and AIDS education and
information program.

In collaboration with the DOH, DOLE shall oversee the anti-HIV/AIDS campaign in all private
companies.

Article III: Testing, Screening and Counseling:

Section 16: Prohibition on Compulsory HIV Testing

Compulsory HIV testing as a precondition to employment, admission to educational institutions, the
provision of medical service or any kind of service shall be deemed unlawful.

Exceptions to Prohibition on Compulsory HIV Testing

When charged with crime under the Revised Penal Code, Death penalty Act, Anti-rape Law

When resolving issues relevant to the Family Code

When complying with requirements of organ or blood donation

Reportorial requirements

When informing health workers directly involved in treatment and care of persons with
HIV/AIDS

When responding to legal proceedings where the main issue is the HIV status of a person

Section 18: Anonymous HIV Testing

Section 19: Accreditation of HIV Testing Centers
Section 20: Pre-test and Post-test Counselling
Article VI: Confidentiality
Section 30: Medical Confidentiality

All health professionals, medical instructors, workers, employers, recruitment agencies, insurance
companies, data encoders, and other custodians of any medical records, file, data or test results to
observe strict confidentiality particularly the identity and status of persons with HIV

Release of HIV/AIDS Test Results will only be allowed to the following parties:

Person who was tested

Parent of minor if minor

Legal guardian of mentally handicapped person

Person authorized to receive results for AIDSWATCH

Justice of Court of Appeals or Supreme Court

Section 34: Disclosure to Sexual Partners

Any person with HIV is obliged to disclose his/her HIV status and health condition to his/her spouse or
sexual partner at the earliest opportune time.

Article VII: Discriminatory Acts and Policies - Section 35: Workplace

Discrimination

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Discrimination in any form from preemployment to post-employment, including hiring, promotion or

assignment, based on the actual, perceived or suspected HIV status of an individual is prohibited.
Termination from work on the sole basis of actual, perceived or suspected HIV status is deemed
unlawful.

Persons with HIV/AIDS already employed by any public or private company shall be entitled to the same
employment rights, benefits and opportunities as other employees.

HIV infected employees shall act responsibly to protect own health and prevent HIV transmission

Acts of discrimination shall be reported to DOLE or to CSC

Penalties

Misleading information / advertising

2 months to 2 years imprisonment

Knowingly & negligently infecting others in the practice of ones

profession
6-12 years imprisonment, fines, suspension or revocation of license/accreditation

Violations on medical confidentiality

6 months to 4 years imprisonment, fines, suspension or revocation of license/accreditation

Discriminatory acts & policies

6 months to 4 years imprisonment, fines of not over P10,000, revocation of license/permits

Mandate of the Philippine National AIDS Council

To be the central advisory, planning and policy-making body for the comprehensive and integrated HIV / AIDS
prevention and control program in the Philippines.

TUCP PROGRAM ON HIV AND AIDS AT THE WORKPLACE

TRADE UNION POLICY ON HIV/AIDS

References labor aids /hiv cases

In 1998, the TUCP came out with a trade union policy on prevention and control of HIV and AIDS in conjunction
with the newly enacted national policy on HIV and AIDS. This is an essential component of TUCP.Cares
framework which covers the overall health and welfare program of the organization.
The policy has five main features including (a) Prevention and Control, (b) Protection of Workers Rights and
dignity of persons living with HIV/AIDS, (c) Responsibility of Workers, (d) Recognition of TUCP responsibility, and
(e)
Establishment
of
TUCP
Core
Group
on
HIV/AIDS.
1. Prevention

and

Control

of

the

Spread

of

HIV,

AIDS

and

STIs

Access to information --All workers shall have access to adequate and updated information, health, counseling
and education programs on HIV/AIDS/STIs as well as to support services and referrals.
Support for programs --Programs on HIV/AIDS/STIs shall be supported by all TUCP National leaders, officers
and affiliates through the mobilization of its relevant committee and departments. In recognition of December 1
as World AIDS Day, TUCP shall initiate and participate in relevant activities for its observance.
Partnership --TUCP shall establish close working partnership among employers' groups, government, nongovernment organizations and research institutions but such partnership shall be limited only to funding,
coordination and technical support. Actual program implementation shall rest solely on TUCP and/or its affiliates.
Role of employers, government and other members of the civil society --Employers should endeavor to
allocate funds and provide support for the implementation and sustainability of plant-level HIV, AIDS and STIs
prevention and control program. The government should be tapped for necessary technical assistance and
accessibility
to
HIV/AIDS/STIs
service
and
supplies.
Support for R.A. 8504 --TUCP shall support the implementation and enforcement of RA 8504 or the Philippine
national AIDS Prevention and Control Act of 1998, lobby for the immediate issuance of its implementing rules and
regulations (IRR) and carry out massive information dissemination campaign among affiliates and local unions on
the said law.
2. Protection of Workers' Rights and Dignity of Persons Living With HIV and AIDS
For persons applying for employment --Mandatory testing for an HIV antibody shall be prohibited.
For employees --Workers with HIV/AIDS/STIs shall be entitled to the same rights and opportunities as other
employees.
HIV Antibody screening --No mandatory HIV testing shall be done. Antibody testing shall be on a voluntary
basis
with
pre
and
post
counseling
that
guarantees
anonymity
and
confidentiality.
Confidentiality of records --Results of antibody tests and other employee health records shall be treated with
utmost
confidentiality
by
the
physician,
employers
and
employee.
Protection of employee tenure --TUCP shall uphold the security of employment of workers with HIV/AIDS/STIs.
They shall be allowed to work as long as they are physically fit and medically cleared to do so. They shall,
likewise, be protected from stigma and discrimination by co-workers and employers as well as from demotion and
termination
of
the
latter.
Reproductive Health Day --TUCP shall declare Reproductive Health Day to provide workers with complete
services for his/her RH needs. TUCP shall advocate for the inclusion of this RH Day in Collective Bargaining
Agreements
(CBA)
as
a
regular
part
of
company's
family
welfare
program.
Benefits --TUCP shall endeavor to establish HIV/AIDS/STIs Funds and/or endowment to assist/support workers
with HIV/AIDS and STIs. It shall ensure that all workers with HIV and AIDS are entitled to the same benefits as

References labor aids /hiv cases

provided for by law and by other employers. Workers whose jobs are considered high risk to infection through
needle prick or exposure to blood and other blood products shall be provided with special protection and
additional compensation. Universal precaution shall always be observed and practiced at the workplace.
3. Responsibility

of

Workers

with

HIV,

AIDS

and

STIs

Workers with HIV/AIDS and STIs shall be responsible for maintaining a lifestyle that will control and prevent the
spread
of
the
infection.
4. Recognition

of

TUCP

Responsibility

TUCP affiliates shall negotiate for provisions in all CBA contracts that support HIV/AIDS and STIs initiatives
including but not limited to "time off with pay" for workers' participation in HIV/AIDS/STIs programs and activities.
TUCP shall develop an appropriate and gender sensitive information, education, communication and motivation
(IECM)
campaign
on
the
control
and
prevention
of
HIV/AIDS/STIs.
TUCP shall endorse and establish mechanism for the integration of HIV/AIDS/STIs prevention program in
existing Family Welfare Programs and/or other Health Promotion Programs at the Workplace.
5. Establishment

of

TUCP

Core

Group

on

HIV,

AIDS

and

STIs

A TUCP Core group shall be established to implement and coordinate a nationwide program on HIV, AIDS/STIs.
They shall be composed of representatives coming from different federations affiliated with the TUCP.
A focal person shall be identified and assigned to coordinate and monitor the integration and implementation of
HIV, AIDS/STIs prevention and control programs at the workplace.
back to top

ACTIVITIES

AND

PROGRAMMES

ON

HIV/AIDS

Over the years, TUCP has put great importance HIV and AIDS prevention and control programs at the workplace.
Among the programs/project which gave special focus on the this workplace concern are the following:
a.
Pilot
Project
on
Family
Welfare/Family
Planning
(1984-1989)
Supported by International Labor Organization (ILO) and the United Nations Population Fund (UNFPA), the
project included efforts to managing of Sexually Transmitted Infections particularly among male workers.
b.
Institutionalizes
population
education
among
members
(1991-1996)
Supported by the United Nations Population Fund (UNFPA), information, education and communication (IEC)
materials on Family Planning (FP), Maternal and Child Health (MCH) and Sexually Transmitted Infections (STIs)
Prevention were developed through a participatory process and distributed using a collectively crafted
communications plan. A mobile clinics was acquired to enable union health providers bring information and
services
at
union
members
places
of
work
and
communities.
c.
Enhancing
Male
Involvement
in
RH Among
Trade
Union Members
(1998-2000)
Supported by the Ted Turner Foundation and UNFPA, the pilot project promoted male involvement
and participation in family responsibilities while enabling the same target public to address their own reproductive
health concerns, particularly prostate cancer and STI detection and management which are the identified RH
concerns
of
male
workers.
A number of male trade union leaders and members were trained to become corps Male Adult Peer Educators
on STIs including HIV and AIDS. HIV and AIDS was integrated as a component of workers education among
select
enterprises
with
TUCP-affiliated
unions.

References labor aids /hiv cases

d. Enhancing the Union-Based HIV/AIDS Peer Education Program in Selected Sites (2000)
Supported by the Philippine National AIDS Council (PNAC), development of Core Trainers (Peer Educators on
HIV and AIDS) --whose primary term of reference is to serve as first-line source of correct and accurate HIV and
AIDS information and counseling to fellow workers --was undertaken. This Pool of Peer Educators held various
kinds of IEC activities ranging from the conduct of weekend seminars, mass mobilizations, general assemblies
and
face-to-face
interaction
for
workers.
An HIV/AIDS Awareness Manual for Workers was developed to serve as guide of peer educators in dispensing
their
responsibilities
at
the
enterprise
level.
e. A Demonstration Project to Promote RH Programs in the Workplace ( 2000-2003)
Supported by the David and Lucile Packard Foundation, the project served as an advocacy program to promote
FP/RH in workplaces including advocacy for HIV and AIDS prevention and control. Unions were capacitated to
negotiate for FP/RH and non-discrimination clauses in collective bargaining agreements (CBA). STI Management
is
one
of
the
clinical
services
provided
in
union-run
Family
Welfare
Clinics.
f.
A
Work-Based
RH
Project
for
the
Working
Youth
(2001-2004)
This UNFPA-assisted RH project focused on sexuality education and services for young workers. HIV and AIDS
--as an emerging concern with enormous potential negative impact of the working youth was one of the
thematic
areas
covered
by
the
project.
To respond to the unique issues and concerns of young people, a pool of Young Adult Peer Educators (YAPE)
was developed. YAPEs act as counselors and facilitators in HIV and AIDS discussions at the enterprise level. A
number of these YAPEs were eventually tapped by their respective Human Resource Departments to lead HIV
and
AIDS
education
for
management
and
non-union
members.
The project was conferred with the NGO Best Practice Award among the NGO partners of UNFPA in the fifth
(5th)
Country
Program.
g. Intensifying Advocacy for Family Planning and Reproductive Health at the Workplace (2004-2007)
Supported by the David and Lucile Packard Foundation, advocacy for FP/RH and HIV and AIDS at the workplace
was intensified. This resulted in a number of companies providing funds for programs and services, including
STIs.
h. RH@WORK: Increasing Access to RH Services among Vulnerable Populations (2005-2008)
In this project, UNFPA assisted the TUCP to address the FP/RH needs of the increasing workers in the informal
sector. Clinical services on STI Detection and management for the Informal sector workers was initiated.
Select young people within the sector were trained to use street theater as a way of informing and teaching street
and well as itinerant vendors about family planning and reproductive health. Street theater presentations were
developed to tackle issues such as sexuality, STIs, responsible sexuality and safe sex practices among others.
i. Promoting Family Planning & Reproductive at the Workplace through Public-Private Partnership, (20072010)
Supported by the David and Lucile Packard Foundation, this project engages area-based government and
private stakeholders for the promotion and sustainability of FP/RH, including HIV and AIDS at the workplace. Five
(5) multi-sectoral, area-based coalitions were organized to support advocacies at the local level.
j.
Strengthening
the
Peer
Education
Program
in
Workplaces
(2008-2009)
With support from the Japan International Labor Foundation (JILAF), two (2) national training programs were held
to train and develop 40 new of HIV and AIDS Peer Educators from the manufacturing, services, agricultural
sectors and workers in informal employment. An updated HIV and AIDS guidebook for peer educators was
developed.

References labor aids /hiv cases

k.HIV and AIDS Education Program for Future Workers in the Sunrise Industry (2008-2010)
With the increasing number of young people entering the call center industry and the likewise increasing number
of domestic cases of HIV transmission among young people, the TUCP initiated an education program for the
near-hired business process outsourcing (BPO) workers undergoing finishing courses on call center and medical
transcription
at
the
TUCP
Workers
College.
Included in their curriculum is a three-hour session on HIV and AIDS Prevention and Control. Everyone is
required to undergo the education session for them to be conferred with their certificates.
l.National Annual HIV and AIDS Forum and Candlelight Memorial: International Day for Commemorating
the Dead and Injured Workers (2006-2008)

For three years, HIV and AIDS was the main theme of TUCPs April 28th Candle-light memorial in
commemoration of the International Day of Mourning. The candle-light memorial is an international trade union
advocacy, held every 28th of April, to remember and bring into public consciousness the countless women, men
and young workers all over the world who died, got ill or injured because of unhealthy, unsafe and unsustainable
working conditions.
back to top

LABOR REPRESENTATION AT THE PHILIPPINE NATIONAL AIDS COUNCIL

(PNAC)
To further exercise its leadership role in advocating for the HIV and AIDS issue of Filipino workers, the TUCP sits
as member of the Philippine National AIDS Council (PNAC). PNAC is the highest recommending body to the
President on issues pertaining to HIV and AIDS. TUCP has been an active member of the PNAC since the
passage
of
RA
8504
in
1998.
back

to

top

THE ILO CODE OF PRACTICE ON HIV AND AIDS AND THE WORLD OF WORK
TUCP believes that there is a great need to ensure that the International Labor Organization (ILO) Code of
Practice is applied and implemented in all workplaces, formal and informal. In essence, the fundamental aim of
the Code is to help safeguard conditions of decent work and protect the rights of workers and all people living
with
HIV/AIDS
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to

top

LABOR ENGAGEMENT IN GOVERNMENT POLICY DEVELOPMENT AND

ACTIONS
TUCP actively participated at the following:
development of a National Workplace Policy on STD/HIV/AIDS, and implementation and monitoring

guidelines.
Development of the AIDS Medium Term Plan (AMTP) which serves as the over-all guide to policymakers and programme planners to determine where resources for AIDS could make the most impact
and what strategies and interventions were needed.

References labor aids /hiv cases

Illegal dismissal; burden of proof; filing of complaint not sufficient to disprove

abandonment. In illegal dismissal cases, the employer bears the burden of proving that the
termination was for a valid or authorized cause. However, before the employer is asked to prove
that the dismissal was legal, the employee must first establish by substantial evidence the fact of
his dismissal from service. Logically, if there is no dismissal, then there can be no question as to
its legality or illegality.
Under normal circumstances, an employees act of filing an illegal dismissal complaint against his
employer is inconsistent with abandonment. However, the courts should not use that one act to
conclude that an employee was constructively dismissed when substantial evidence proves
otherwise. In this case, substantial evidence proves that Pulgar was not constructively dismissed,
and that he had abandoned his duties in order to avoid an investigation being conducted by his
employer. Philippine Rural Reconstruction vs. Virgilio Pulgar, G.R. No. 169227. July 5,
2010.
Illegal dismissal; misrepresentation of cause is an act of bad faith. The complainant, Rio
Remo, was dismissed from service on the ground of retrenchment. However, the records show
that Sentinel hired a replacement soon after Remos dismissal, proving that Sentinels financial
distress was not as serious as it claimed, and that retrenchment was not the real reason for
Remos dismissal. Sentinel concealed its true intention and committed misrepresentation when it
claimed that Remos dismissal was due to serious financial losses. This act of misrepresentation
is an act of active bad faith that fatally tainted Remos dismissal and rendered it illegal. Sentinel
Integrated Services, Inc. vs. Rio Jose Remo, G.R. No. 188223, July 5, 2010.
Illegal dismissal; relief available to employee. An illegally dismissed employee is
entitled to reinstatement without loss of seniority rights and other privileges and to
full backwages, inclusive of allowances, and to her other benefits or their monetary
equivalent, computed from the time the compensation was withheld up to the time
of actual reinstatement. Where reinstatement is no longer feasible, separation pay
equivalent to at least one month salary or one month salary for every year of
service, whichever is higher, a fraction of at least six months being considered as
one whole year, should be awarded to respondent. An award for moral and
exemplary damages cannot be justified unless the employer had acted in bad faith.
The award of moral and exemplary damages cannot be justified solely upon the
premise that the employer dismissed his employee without authorized cause and

References labor aids /hiv cases

due process. Lambert Pawnbrokers and Jewelry corporation and Lambert Lim vs.
Helen Binamira, G.R. No. 170464. July 12, 2010.
Preventive suspension. Preventive suspension is justified where the employees
continued employment poses a serious and imminent threat to the life or property of
the employer or of the employees co-workers. Without this kind of threat,
preventive suspension is not proper. Jose P. Artificio vs. National Labor Relations
Commission, RP Guardians Security Agency, Inc. Juan Victor K. Laurilla, Alberto
Aguirre, and Antonio A. Andres, G.R. No. 172988, July 26, 2010
Public employees; demotion. There is demotion when an employee is appointed to a position
that results in a diminution in duties, responsibilities, status or rank which may or may not involve
a reduction in salary. Where an employee is appointed to a position with the same duties and
responsibilities with a rank and salary higher than those he enjoyed in his previous position, there
is no demotion and the appointment is valid. Virginia D. Bautista vs. Civil Service
Commission and Devt. Bank of the Philippines, G.R. No. 185215, July 22, 2010.
Public employees; downgrading of employees. The summary reallocation of Gos position
to a lower degree resulting in the corresponding downgrading of his salary infringed the policy of
non-diminution of pay which the Court recognized and applied in Philippine Ports Authority v.
Commission on Audit, as well as in the subsequent sister cases involving benefits of
government employees. Running through the gamut of these cases is the holding that the
affected government employees shall continue to receive benefits they were enjoying as
incumbents upon the effectivity of RA 6758. Relevant to the critical issue at hand is Sec. 15 (b) of
PD 985 which, as amended by Sec. 13 (a) of RA 6758, pertinently reads: Sec. 13. Pay
Reduction If an employee is moved from a higher to a lower class, he shall not
suffer a reduction in salary: Provided, That such movement is not the result of a disciplinary
action or voluntary demotion. Gonzalo S. Go, Jr. vs. CA and Office of the President, G.R.
No. 172027. July 29, 2010
Redundancy; definition; requisites. Redundancy exists when the service capability of the
workforce is in excess of what is reasonably needed to meet the demands of the enterprise. A
redundant position is one rendered superfluous by any number of factors, such as over hiring of
workers, decreased volume of business, dropping of a particular product line previously
manufactured by the company, or phasing out of a service activity previously undertaken by the
business. Under these conditions, the employer has no legal obligation to keep in its payroll more
employees than are necessary for the operation of its business.
For a valid implementation of a redundancy program, the employer must comply with the
following requisites: (1) written notice served on both the employees and the DOLE at least one
month prior to the intended date of termination of employment; (2) payment of separation pay
equivalent to at least one month pay for every year of service; (3) good faith in abolishing the
redundant positions; and (4) fair and reasonable criteria in ascertaining what positions are to be

References labor aids /hiv cases

declared redundant and accordingly abolished. Lambert Pawnbrokers and Jewelry
corporation and Lambert Lim vs. Helen Binamira,G.R. No. 170464. July 12, 2010.
Retirement; retirement age. The retirement age is primarily determined by the
existing agreement or employment contract. Absent such an agreement, the
retirement age under Article 287 of the Labor Code will apply. Amelia R. Obusan vs.
Philippine National Bank, G.R. No. 181178, July 26, 2010.
Retirement; retirement plan. Retirement plans allowing employers to retire employees who
have not yet reached the compulsory retirement age of 65 years are not per se repugnant to the
constitutional guaranty of security of tenure. By its express language, the Labor Code permits
employers and employees to fix the applicable retirement age at 60 years or below, provided that
the employees retirement benefits under any CBA and other agreements shall not be less than
those provided by law.Amelia R. Obusan vs. Philippine National Bank, G.R. No. 181178,
July 26, 2010.
Retrenchment; definition; requisites. Retrenchment is the termination of employment
initiated by the employer through no fault of and without prejudice to the employees. It is resorted
to during periods of business recession, industrial depression, seasonal fluctuations, or during
lulls occasioned by lack of orders, shortage of materials, conversion of the plant to a new
production program, or automation. It is a management prerogative resorted to avoid or minimize
business losses.
To effect a valid retrenchment, the following elements must be present: (1) the retrenchment is
reasonably necessary and likely to prevent business losses which, if already incurred, are not
merely de minimis, but substantial, serious and real, or only if expected, are reasonably imminent
as perceived objectively and in good faith by the employer; (2) the employer serves written notice
both to the employee/s concerned and the DOLE at least one month before the intended date of
retrenchment; (3) the employer pays the retrenched employee separation pay in an amount
prescribed by law; (4) the employer exercises its prerogative to retrench in good faith; and (5) the
employer uses fair and reasonable criteria in ascertaining who would be retrenched or
retained. Lambert Pawnbrokers and Jewelry corporation and Lambert Lim vs. Helen
Binamira, G.R. No. 170464. July 12, 2010
Retrenchment; decrease in income is not business loss. A sharp drop in income
from P1million to onlyP665,000.00 is not the kind of business losses contemplated by the Labor
Code that would justify a valid retrenchment. A mere decline in gross income cannot in any
manner be considered as serious business losses. It should be substantial, sustained and
real. Lambert Pawnbrokers and Jewelry corporation and Lambert Lim vs. Helen
Binamira, G.R. No. 170464. July 12, 2010.
Separation pay; as equitable relief. Having determined that the imposition of preventive
suspension was proper and that the complainant was not illegally dismissed, the Court found no
basis to grant backwages. However, given the attendant circumstances of the case that
complainant had been working with the company for a period of sixteen (16) years without any

References labor aids /hiv cases

previous derogatory record the Court held that the ends of social and compassionate justice
would be served if the employee is given some equitable relief in the form of separation pay. Jose
P. Artificio vs. National Labor Relations Commission, RP Guardians Security Agency,
Inc. Juan victor K. Laurilla, Alberto Aguirre, and Antonio A. Andres, G.R. No. 172988,
July 26, 2010