Cuba: Labor Protection for People Living with Aids

6-26-06,8:38am





People infected with HIV/AIDS have witnessed a variety of feelings amongst those surrounding them: fear, hopelessness, anguish and even panic faced with the reality of this pathology. But they have also received understanding and affection.

The National Program for Control and Prevention of HIV/AIDS implemented in our country is highly efficient and is at the same time an example of humane and friendly treatment that is not just based on health care.

Resolution No. 101 from November 1997, issued by the Ministry of Public Health (MINSAP) establishes the ambulatory system for sick people who can return to their social life with a previous evaluation of health, hygiene-environmental and dietary conditions, as they have been already assigned an adequate diet according with their needs. They can re-join and keep their work center as long as their health permits and when they can no longer do that, they will receive benefits foreseen within the legislation.

Concepts of this illness have been changing and there is now much solidarity from their comrades within work centers. Excessive care has also been the case sometimes, if we analyse this situation from a positive point of view, as some HIV positive workers have been sent to medical commissions despite of the fact that their health does not affect their work.

There is a statement from the Ministry of Labor and Social Security which states that according to the legislation, it is not for the administration to send workers to the referred commission, but authorities previously named by the Ministry of Public Health, who are the ones to decide if the worker may or may not carry out a certain activity.

Necessary explanations

The fact that a worker is HIV positive does not mean he or she has to stop working. They can remain without any symptoms for several years, that is to say without any sign of illness and with good sanitary supervision can prolong their active life without hospital admission for more than 10 years. If their physical and health conditions permit, they can go on contributing to society, without suffering any reduction in their personal economy or using funds from the social security.

No Cuban administration is allowed to cancel a work contract because a worker is HIV positive or if he already has AIDS, because despite its terminal effect, AIDS is an illness like any other and those suffering from it should be treated in the same as in other cases.

According with Resolution No. 101/97

Workers found to be carrying the HIV virus or who are sick with AIDS, and have joined the Ambulatory Attention System; keep their right to rejoin their respective posts in their work centers.

When the corresponding facultative authority considers it necessary or when the nature of the activities of the worker might rationally be considered a risk to third parties, it will send the patient to the corresponding medical health commission of the work center in order to determine their work capability. This commission will allow them to rejoin or will apply the regulations in force on partial or full disability.

If a patient does not have work and expresses a wish to work, the facultative authority will send him to the medical commission to determine this according to their work aptitude and nature of the illness and the risk factors involved in their possible work assignment.

Municipal work departments will proceed to look for a job, within the possibilities of every territory, for patients under the Ambulatory Attention System with no work and express their wish to work.

During the time that they are under evaluation in order to determine their incorporation or not into the Ambulatory System, these workers will receive the sickness benefits established for hospitalized workers.

The day in which they attend the monthly or weekly medical consultation according to their program, they will be considered on paid leave, therefore the wage will be paid for that day.