Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 102-10)
The guidelines apply to all workplaces and establishments in the private sector in the Philippines.
Yes, it is mandatory for all private workplaces to have a policy on HIV and AIDS and to implement a workplace program in accordance with Republic Act 8504 and related regulations.
Yes, the HIV and AIDS workplace policy and program may be a separate policy or integrated into existing occupational safety and health policies and programs of the establishment.
Workers' representatives should collaborate with management in developing and implementing the policy, and the policy may also be included as provisions in Collective Bargaining Agreements where unions exist.
Employers must provide information on the magnitude of the epidemic, nature and transmission of HIV/AIDS, prevention methods including condom promotion, diagnosis and treatment, impact on individuals and workplace, workplace policies, and relevant laws such as RA 8504.
No, compulsory HIV testing as a precondition to employment or any service is unlawful under these guidelines and Republic Act 8504.
Workers shall not be discriminated against in hiring, promotion, assignment, or termination based on actual, perceived, or suspected HIV status.
HIV-related personal data must be kept strictly confidential, accessed only by authorized medical personnel, and not disclosed to employers or co-workers except as legally required.
Employers must develop, implement, and fund HIV and AIDS workplace programs, provide education and training, ensure confidentiality and non-discriminatory practices, furnish protective equipment, and collaborate with government bodies.
Workers should support and abide by the company policy, promote education and prevention, avoid discrimination, comply with universal precautions, and may inform health providers of their status if necessary for their work safety.
The Department of Labor and Employment (DOLE) through Regional Offices, Department of Health (DOH), Department of Interior and Local Government (DILG), local government units (LGUs), Occupational Safety and Health Center (OSHC), and Regional AIDS Assistance Teams (RAATs) are involved.
Employers are encouraged to network and collaborate with government agencies and organizations promoting HIV and AIDS prevention and control to improve their workplace programs.
Violations are subject to the pertinent provisions of Republic Act 8504 which governs the prevention and control of HIV and AIDS in the Philippines.
Yes, employers are encouraged to reasonably accommodate workers with AIDS-related illnesses, including flexible leave arrangements, rescheduling, and return to work accommodations.