dreams still valid even when positive
Introduction
Work is a fundamental part of life. It means much more than a paycheck; it offers purpose and an opportunity to lead an independent, self-directed life for all people, including people living with HIV/AIDS. We know that poverty, discrimination, and social marginalization are powerful drivers of the HIV/AIDS epidemic. Some of the key qualities that employers seek in new hires; problem solving, flexibility, resilience, strength and resolve—are also attributes of many people living with HIV/AIDS. What’s more, research conducted in recent years clearly indicates the benefits garnered when people at risk of or living with HIV/AIDS are able to pursue meaningful work.
At the same time, companies that desire to ensure they utilize the individual skills of all employees cannot afford to maintain the risks of productivity that come about with maintaining HIV/AIDS employees.
This research paper seeks to address this dilemma by discussing the rights of employees to work vis-à-vis the cost of productivity to the companies and finally to highlight some of the ways that companies are implementing to ensure there is a balance of employees at the same time increase productivity.
The Right to Employment
In Kenya, there is a wide legislative framework on the right to work to every employee which gives obligations to companies to ensure that the rights of all employees and respected irrespective of their race, color, health status or origin. These provisions are found in the Constitution, Article 27 & 41 on the right to equality and freedom from discrimination and the right to join an employer’s organization. The Employment Act, 2007, gives an obligation to employers to provide basic employment entitlements in the form of leave and fair working conditions including HIV/AIDS employees. The Occupational Safety and Health Act, 2007 provides for the safety, health and welfare of workers and all persons lawfully present at workplaces inclusive of persons living with HIV/AIDS.
Kenya has also signed and ratified treaties and conventions that protect employee rights and provide for international standards that all organizations should follow to protect rights to employment and this included those living with HIV/AIDS.
To sum up, these rights include; right to employment, fair working conditions, rights against unfair labour practices such as unfair dismissal, right to confidentiality about status, performance management which means that employees living with HIV/AIDS will be productive for a longer period if they receive the medical, social and psychological support they need.
Effects of HIV/AIDS to the organization
According to Holden (2003), every employer and employee is burdened by HIV/AIDS in some way and this affects the organization. Authors have argued that it is clear that HIV/AIDS has a negative impact on individuals, society and economy. It does not only affect the economy negatively but also endangers economic progress. (UNAIDS, 2002)
HIV/AIDS causes higher costs and lower productivity because of;
Absenteeism
Employees become ill or leave to look after relatives and attend funerals. This means that the production cycle is disrupted and therefore the organization level of production drops. In order to reclaim lost production, companies might start pushing the costs on consumers in the form of increased prices of goods.
The organization as a result, loses the skills that were possessed by the sick employee and need to recruit new of temporary staff members in order to keep the companies functioning; more money will be spent on recruiting and training the newly hired employees. There may even be decreased productivity of the newly recruited employees who have not grasped the nature and scope of work or may lack the level of experience expected by the organization.
Increased health care costs
This includes increased (early) retirement, pensions and death benefit claims such as death and funeral covers and insurance which is at the expense of the organization. In a report, it has been stated that an average company in Kenya spends the equivalent of $45000 on HIV/AIDS related employee problems which is close to the 18% of the total company profits (World Bank Strategy Report, 1996)
Financial Risks on the company
Many companies have no budget, program or policy that cater for HIV/AIDS emergencies at the workplace and therefore when it happens, no solutions were in place leading to sudden financial strain on the company and therefore affecting production negatively.
Cost of HIV/AIDS education and training
There are direct and indirect costs to the business associated with not training employees on HIV/AIDS.
The direct costs are that sick employees are generally less productive and have low morale due to negative psychological effects especially if there has been no Voluntary, Counseling and Testing programs organized, increased work related accidents brought about by fatigue and illness and at the same time the company has to ensure protection against occupational hazards.
The indirect costs to the business include; greater financial demand made on the healthy and employed making the company to have unrealistic expectations of productivity from the remaining employees and increased bad debt caused by illness/death of debtors and shrinking of the market size through death.
Company Budgets are affected
Many companies do not have an efficient system for coping with unexpected staff shortage and therefore a large proportion of the company budget will be used on medical benefits.
Solutions for the organization
The companies have the option of managing HIVAIDS at the workplace by:
a. Encouraging VCT
b. Supporting access to care and treatment by setting financial budget before the need arises
c. Developing and implementing a workplace policy, program, strategy and action plan for staff
d. Good corporate governance in the context of HIVAIDS through proper risk management, legal compliance, disclosure and confidentiality measures, social responsibility and sustainability.
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