Where can an HIV-infected nurse work? Rights and restrictions in employment of HIV-infected people. Who and how can people with HIV infection work?
Where can HIV+ work?
The process of formation of civil society that is taking place in Russia today is very labor-intensive and time-consuming. Significant changes are now taking place in people's heads, however, the time has not yet come when many things will become the norm for every person. Thus, in our society there are still stigmas and stereotypes regarding people living with HIV. For example, today not all organizations voluntarily agree to hire an HIV-positive person. But is it legal? Or perhaps there is only a limited list of professions where an HIV-positive person can work? We try to find answers to the questions in the article.
Today there is not a single law that would restrict HIV-positive people in choosing a place of work. Therefore, HIV-positive citizens can find employment absolutely anywhere, and the employer cannot, under any conditions contrary to the legislation of the Russian Federation, refuse to employ an applicant due to HIV infection. According to Article 17 of the Federal Law “On Preventing the Spread of the Disease Caused by the Human Immunodeficiency Virus (HIV) in the Russian Federation,” an employer, from a legal point of view, cannot in any case refuse to hire or dismiss from a job because that the person is HIV positive. The only legal reason for dismissing an HIV-positive person will be the fact that for health reasons he will not be able to properly perform his work duties, and this will be confirmed by a medical commission. This is stated in Article 81 of the Labor Code of the Russian Federation.
However, there is a very specific set of professions, approved by decree of the government of the Russian Federation, whose representatives must report their HIV status, for which they must undergo testing for the presence of this disease when applying for a job, as well as during routine medical checks. Doctors, nurses at AIDS centers, health care institutions and laboratories, as well as researchers whose work involves the manufacture of immunological drugs must monitor their HIV status and undergo HIV testing. A complete list of professions can be found in this resolution. This includes the professions of a cook, a nurse, and, in addition, they cannot work in the food industry, in educational organizations and the police / Ministry of Emergency Situations.
In all other cases, the employer should not use positive HIV status as an argument in refusing to hire. In addition, an organization that employs an HIV-positive person cannot require information about HIV testing. If such a situation occurs, then it is worth reminding the employer of your rights, and if this does not change the situation, then you need to look for the truth in court, where you need to go.
People living with HIV can legally work in any organization, professional field and hold any position. The restrictions apply only to medical and scientific professions, and then only to those that are included in the list approved by Decree of the Government of the Russian Federation No. 877 of 09/04/1995. Therefore, when entering an educational organization, HIV-positive people can choose any profession that suits them. Subsequently, problems with employment should not arise. But if any problems suddenly arise, then you need to go to court and defend the right to work enshrined in the Constitution of the Russian Federation, especially since the law is on your side.
»» No. 4 2001 Dangerous infections
Acquired immunodeficiency syndrome (AIDS) is a dangerous infectious disease that leads to death on average 10-11 years after infection with the human immunodeficiency virus (HIV). According to UN data published in early 2000, the HIV/AIDS pandemic has already claimed the lives of more than 18 million people and today there are 34.3 million people living with HIV in the world.
In Russia, as of April 2001, 103 thousand HIV-infected people were registered, and 56,471 new cases were identified in 2000 alone.
The first reports of patients with HIV infection appeared in the newsletter of the Center for Disease Control (Atlanta, Georgia, USA). In 1982, the first statistics were published on AIDS cases detected in the United States since 1979. An increase in the number of cases (in 1979 - 7, in 1980 - 46, in 1981 - 207 and in the first half of 1982 - 249) indicated an epidemic the nature of the morbidity, and the high mortality rate (41%) indicated the increasing importance of infection. In December 1982, a report was published on cases of AIDS associated with blood transfusion, which made it possible to make an assumption about the possibility of “healthy” carriage of the infectious agent. Analysis of cases of AIDS in children has shown that children can receive the agent that causes the disease from an infected mother. Despite treatment, AIDS in children progresses extremely quickly and inevitably leads to death, which gives reason to consider the problem to be extremely important.
Currently, three routes of transmission of HIV infection have been proven: sexual; through parenteral administration of the virus with blood products or through infected instruments; intrauterine - from mother to fetus.
It was quickly established that HIV is extremely sensitive to external influences, dies when using all known disinfectants and loses activity when heated above 56°C for 30 minutes. Solar, UV and ionizing radiation are harmful to HIV.
The highest concentration of the AIDS virus is found in blood, semen, and cerebrospinal fluid. It is found in smaller quantities in saliva, breast milk, cervical and vaginal secretions of patients.
With the increase in the number of HIV-infected and AIDS patients, the demand for medical care increases, including those requiring both emergency and planned surgical intervention.
Taking into account the peculiarities of the course of HIV infection, it cannot be denied with certainty that it is absent in a particular patient. For medical personnel, every patient should be considered as a possible carrier of a viral infection. In all cases of possible contact with the patient’s biological fluids (blood, wound discharge, drainage discharge, vaginal secretions, etc.), it is necessary to use gloves, wash and disinfect hands more often, use a mask, safety glasses or a transparent eye screen. Do not take part in working with patients if there are abrasions on the skin of the hands or superficial skin defects.
The danger of infection of medical personnel really exists when generally accepted rules of asepsis and hygienic regime are violated during the performance of treatment and diagnostic procedures.
Data have been published where, to determine the risk of infection of medical workers, surveys were conducted of large groups of doctors (from 150 to 1231 people) who did not follow precautions. The frequency of HIV infection was 0% when infected material came into contact with intact skin, 0.1-0.9% when the virus entered the skin once, onto damaged skin or mucous membranes.
Glove punctures occur in 30% of operations, hand injuries from a needle or other sharp object occur in 15-20%. When your hands are injured by needles or cutting instruments infected with HIV, the risk of infection does not exceed 1%, while the risk of infection with hepatitis B reaches 6-30%.
Since 1992, at the Infectious Diseases Clinical Hospital No. 3, the surgical department has beds for providing surgical care to HIV-infected and AIDS patients with concomitant surgical pathologies. Over the past period, 600 patients were hospitalized in the department, of which 250 were operated on.
The department has a treatment room, a dressing room and an operating room, where assistance and surgical benefits are provided only to HIV-infected and AIDS patients.
For all admitted patients, intramuscular injections and any manipulations with blood are carried out by medical personnel only in the treatment room wearing gowns, caps, and gloves specially provided for these cases. If there is a risk of splashing blood or other biological fluid, you must wear a mask and goggles. We use regular latex gloves (two pairs), special glasses and gowns made of non-woven material. During intravenous sampling, blood is collected in tubes with tightly closing stoppers. All test tubes are necessarily marked with the initials of the patient and the inscription “HIV”. Referral sheets to the laboratory for blood, urine, and biochemical tests are marked with an indication of the presence of HIV infection. These forms are strictly prohibited from being placed in test tubes with blood.
The urine test is given in a container with a tight-fitting lid and is also marked with a message about the presence of HIV infection. Transportation is carried out in a closed container marked "HIV".
If gloves, hands or open areas of the body are contaminated with blood or other biological materials, they should be treated for 2 minutes with a swab generously moistened with an antiseptic solution (0.1% dezoxon solution, 2% hydrogen peroxide solution in 70% alcohol, 70% alcohol ), and 5 minutes after treatment, wash in running water. If the surface of the table, hand pads during intravenous infusion, or tourniquet are contaminated, they should be immediately wiped with a rag generously moistened with a disinfectant solution (3% chloramine solution, 3% bleach solution, 4% hydrogen peroxide solution with 0.5% detergent solution ).
After use, the needles are placed in a container with a disinfectant solution. This container must be located at the workplace. Before immersing the needle, the cavity is washed with a disinfectant solution by sucking it with a syringe (4% hydrogen peroxide solution with 0.5% detergent solution - 3% chloramine solution). Used syringes and gloves are collected in a separate container specially designed for them and disinfected.
We use analyte solutions or 3% chloramine solution. Exposure 1 hour.
If there is a suspicion that contaminated material has entered the mucous membranes, they are immediately treated: the eyes are washed with a stream of water, a 1% solution of boric acid, or a few drops of a 1% solution of silver nitrate are injected. The nose is treated with a 1% solution of protargol, and if it gets into the mouth and throat, it is additionally rinsed with 70% alcohol or a 0.5% solution of potassium permanganate, or a 1% solution of boric acid.
If the skin is damaged, you must immediately remove the gloves, squeeze out the blood, and then thoroughly wash your hands with soap and water under running water, treat them with 70% alcohol and lubricate the wound with a 5% iodine solution. If contaminated blood gets on your hands, you should immediately treat them with a swab moistened with a 3% chloramine solution or 70% alcohol, wash them with running warm water and soap and wipe dry with an individual towel. Start preventive treatment with AZT.
A report on an industrial accident is drawn up at the workplace, and this fact is reported to the center dealing with the problem of HIV infection and AIDS. For Moscow, this is infectious diseases hospital No. 2.
The treatment room is cleaned at least 2 times a day using a wet method using a disinfectant solution. Cleaning rags are disinfected in a 3% solution of chloramine, an analyte, for an hour. Washable and dryable. Gastric and intestinal probes used in preparation for surgery and diagnostic procedures after the studies are also processed in an analyte solution or a 3% chloramine solution with an exposure time of 1 hour. They are dried and autoclaved for further use.
The surgical field for patients is prepared using individual disposable razors.
Special precautions should be taken during operations. Medical personnel who have lesions on the skin (cuts, skin diseases) should be exempt from direct treatment of patients with HIV infection and the use of equipment in contact with them. As protection during surgery in our department, surgeons, anesthesiologists and operating nurses use plastic aprons, shoe covers, oversleeves, and disposable gowns made of non-woven material.
Goggles are used to protect the mucous membrane of the eyes, double masks are used to protect the nose and mouth, and two pairs of latex gloves are put on the hands. During operations on HIV-infected and AIDS patients, instruments are used that are used only for this category of patients and are labeled “AIDS”. Sharp and cutting instruments are not recommended to be passed from hand to hand during surgery. The surgeon himself must take the instruments from the operating nurse's table.
After the operation, instruments are washed from biological contaminants in a closed container with running water, then disinfected with a 5% solution of Lysetol with an exposure of 5 minutes, and a 3% solution of chloramine with an exposure of 1 hour. Next, the instruments are washed with running water and rinsed with distilled water, followed by drying, after which they are submitted for autoclaving.
The gowns used are disposable. After the operation, the gowns are kept in a solution of the analyte, a 3% solution of chloramine with an exposure of 1 hour, after which they are destroyed. Plastic aprons, shoe covers, oversleeves are treated in an analyte solution, a 3% solution of chloramine, alaminol with an exposure of 1 hour, washed with running water, dried and reused.
The operating room is processed after the performed manipulations: routine cleaning is carried out with analyte solutions and a 3% hydrogen peroxide solution.
Dressing of patients in the postoperative period, as well as manipulations that do not require anesthesia, are carried out in a dressing room specially designed for this category of patients. The surgeon and dressing nurse dress in the same way as during the operation. The instruments are marked with the inscription “HIV” and are used for bandaging only HIV/AIDS patients. Processing of used material, instruments and cabinet is carried out in the same way as in the operating room.
With the increase in the number of HIV-infected and AIDS patients, the number of requests for medical help from this category of patients increases.
When contacting a patient, one should proceed from the premise that all incoming patients are HIV-infected, and strictly implement appropriate preventive measures.
Effective prevention of HIV infection is possible only with routine training and education of medical personnel. This will allow you to overcome the fear of contact with an HIV-infected patient and act competently and confidently.
This is the key to the professional safety of medical workers.
T.N. BULISKERIA, G.G. SMIRNOV, L.I. LAZUTKINA, N.M. VASILYEVA, T.N. SHISKARVA
Infectious Clinical Hospital No. 3, Moscow
Article 17, Federal AIDS Law “Prohibition on restricting the rights of HIV-infected people.”
“Dismissal from work, refusal to hire... as well as restriction of other rights and legitimate interests of HIV-infected people on the basis of their HIV infection are not allowed...”. At the same time, according to Article 9 of the law, “employees of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the Government of the Russian Federation, undergo a mandatory medical examination to detect HIV infection during mandatory pre-employment and periodic medical examinations.” .
The UN International Guidelines on HIV/AIDS and Human Rights states: “States should take measures to ensure that persons living with HIV and AIDS are permitted to work as long as they are able to perform the duties of the workplace. .. An applicant or employee should not be required to provide information to an employer regarding his or her HIV status... The State's obligations to prevent any form of discrimination in the workplace, including on the basis of HIV/AIDS, should be extended to the private sector sector... In the vast majority of professions and areas of activity, the work performed does not involve the risk of acquiring or transmitting HIV during contact between workers, as well as from worker to client or from client to worker.” The latter position has been confirmed by large-scale studies under the auspices of the World Health Organization and the International Labor Organization.
The ban on discrimination in the world of work is also reflected in Russian legislation.
The list of professional workers who are required to undergo HIV testing is given in the government decree; it includes the following specialties:
a) doctors, paramedical and junior medical personnel of centers for the prevention and control of AIDS, health care institutions, specialized departments and structural divisions of health care institutions engaged in direct examination, diagnosis, treatment, maintenance, as well as conducting forensic medical examinations and other work with individuals infected with the human immunodeficiency virus and having direct contact with them;
b) doctors, paramedical and junior medical personnel of laboratories (groups of laboratory personnel) who examine the population for HIV infection and study blood and biological materials obtained from persons infected with the human immunodeficiency virus;
c) scientists, specialists, employees and workers of research institutions, enterprises (productions) for the production of medical immunobiological preparations and other organizations whose work is related to materials containing the human immunodeficiency virus.
In other words, employees who:
a) treat and examine patients with HIV infection;
b) examine blood and biomaterials containing HIV;
c) work in industries where HIV-containing materials are used.
From the contents of this resolution we can conclude that it primarily protects the interests of workers who have a risk of contracting HIV while performing their professional duties. It is logical to assume that HIV testing upon entry to work and periodic medical examinations is intended to promptly identify cases of occupational infection and, in particular, to resolve the issue of paying compensation (benefits) to employees who contracted HIV in the workplace. This is also stated in federal law.
Federal Law “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection).” Article 21. State one-time benefits.
“Employees of enterprises, institutions and organizations of the state and municipal healthcare systems that diagnose and treat HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, in the event of infection with the human immunodeficiency virus while performing their official duties, have the right to receiving state one-time benefits.”
Please note that the list of specialties subject to mandatory medical examination completely coincides with the list of those eligible to receive compensation in the event of infection. These same professional categories, according to the Federal AIDS Law, are provided with additional benefits.
Federal Law “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection).” Article 22. Benefits in the field of labor.
“Employees of enterprises, institutions and organizations of the state and municipal health care systems that diagnose and treat HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus, are paid an increase to the official salary, a reduced working day and additional leave for work in particularly hazardous working conditions.”
Mandatory examination of workers is thus part of a single set of measures to protect the interests of these workers, which includes monitoring their health in connection with hazardous working conditions.
The Federal Law does not say what the consequences of identifying HIV infection in workers of these professions may be, in particular, whether they can be fired. In light of the above, refusal to hire or dismissal of an employee due to detected HIV infection is meaningless: after all, a set of legislative measures is designed to protect the interests of the employee in a situation of risk of infection, and if infection has already occurred, this issue is automatically removed.
However, the Rules for Conducting Mandatory Medical Examination for the Detection of Human Immunodeficiency Virus (HIV Infection), approved by the Government of the Russian Federation, explain:
“17. If HIV infection is detected in workers of certain professions, industries, enterprises, institutions and organizations, the list of which is approved by the Government of the Russian Federation, these workers are subject, in accordance with the legislation of the Russian Federation, to transfer to another job that excludes conditions for the spread of HIV infection.
18. If an employee refuses to undergo a mandatory medical examination to detect HIV infection without good reason, he is subject to disciplinary liability in the prescribed manner.”
Why should a person who has become infected with HIV, no matter how, be transferred to a job that “prevents the spread of HIV infection”? What does “excluding conditions” mean? A job where she/he will not have contact with HIV infection? (What difference does it make, since the infection has already occurred?) Or where will she/he not infect others? (Who? HIV-infected patients or “materials containing human immunodeficiency virus”?).
Despite this inconsistency and vagueness of legislative language, two points are absolutely clear:
if you have HIV infection, you cannot be fired, you can only transfer to another job;
Only workers in clearly established professions, who also receive benefits due to hazardous working conditions, should take an HIV test upon entry to work and during routine medical examinations.
Apart from this limited number of employees, no one is required by law to undergo an HIV test at the request of an employer. Also, no one can be refused employment or fired from work on the basis of HIV status. Article 5 of the Federal Law “Guarantees of observance of the rights and freedoms of HIV-infected people” states: “The rights and freedoms of citizens of the Russian Federation can be limited in connection with the presence of HIV infection only by federal law.”
Federal Law “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection).” Article 1(2).
“Federal laws and other regulatory legal acts, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot reduce the guarantees provided for by this Federal Law.”
This means that no internal instructions or departmental regulations can serve as a legal basis for the dismissal of an employee with HIV infection if her or his specialty is not included in the government list cited above. However, the provisions of the Federal AIDS Law are systematically and with impunity violated by both public and private enterprises.
“I am a medical worker, HIV positive. I work at an ambulance station. Does my hospital have the right to fire me for this reason, despite the fact that I take exceptional precautions (hand sanitizer, use of gloves) while performing my direct medical duties? What should I be guided by (in terms of the regulatory framework), refusing to write a letter of resignation of my own free will, which the administration persistently demands from me?”
“I worked as a salesperson, and they had to change my medical record. I couldn’t get a new medical card because it had to include an HIV test. At McDonald's, where I tried to get a job, they also told me that I needed an analysis. HIV-positive people are not hired at McDonald's, I know that for sure. My SES answered that they would not give me a medical book. I can’t get a job anywhere in my profession as a salesperson. That’s why I don’t work yet; my grandmother and I live on her pension.”
According to the decree of the Chief Sanitary Doctor of the Department of State Sanitary and Epidemiological Supervision of Moscow, in 1997 new sanitary books were issued, which contain the column “HIV examination”, although, according to the head of the licensing department of the Department of State Sanitary and Epidemiological Supervision, testing for HIV infection to obtain a sanitary book is not compulsory. If this examination is not mandatory, why was it included in the health book?
HIV is not a death sentence. Unfortunately, at the moment there is no cure for the human immunodeficiency virus, but modern medicine, thanks to antiretroviral therapy, allows those infected to lead a full life. This also applies to employment. The legislation of the Russian Federation regulates all legal aspects of HIV-infected people. However, there are still stereotypes due to which many employers and employees do not want to see people with a similar diagnosis in their company. Now we will understand all the legal aspects of employment for HIV-positive citizens.
Unfortunately, we encounter discrimination in hiring relatively often: a candidate is too young or too old, of the wrong gender, overweight or HIV. Is it legal to restrict an infected person from working? And are there any professions that you cannot get a job in according to the law? Let us answer right away - there are no restrictions for HIV positive people. Federal Law 17 “On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)” clearly states that the employer does not have the right to ask a person for confirmation of the absence of HIV or AIDS.
However, there is one exception - if the future position is not on a special, approved by the Government, list of “certain professions, industries, enterprises, institutions and organizations that undergo mandatory medical examination to detect HIV infection during mandatory preliminary examinations upon admission to work and periodic medical inspections." This list includes doctors, nurses, employees of blood transfusion and collection stations, and scientists whose work is directly related to the manufacture and development of immune drugs.
Often, when applying for a job in hotels, as a nurse, in restaurants and other catering establishments, kindergartens, schools, and universities, they also require an HIV test, explaining this by internal regulations. This is also illegal, since only the Government of the Russian Federation can approve the list of professions for which mandatory testing for the human immunodeficiency virus is required.
The only legal reason for which you can be fired from your job is the fact that you are physically unable to fulfill your official duties. For such an action, a decision of the medical commission is required, as specified in Article 81 of the Labor Code of the Russian Federation.
An HIV-positive person in the workplace or anywhere does not pose a danger to others, and discrimination against them on the basis of the disease is a complete violation of rights and freedoms. If you believe that your rights are being violated, you have the absolute right to apply to the court and (or) the federal labor inspectorate with a request for restoration of violated rights, compensation for material damage and compensation for moral damage. Remember, HIV is not a death sentence.
When hiring a person with HIV, employers look for four main factors.
What would you do if you found out that a colleague you interact with every day at work is HIV positive? In fact, this is quite possible, because most people infected with the virus do not report it to their employer, which they have every right to do: discrimination against people with HIV solely on the basis of their diagnosis is a violation of federal law.
HIV is not a death sentence, you can live with it for more than 25 years, and this is not the limit. And yet the immunodeficiency virus is an “immune roulette”. Adults living with HIV understand well that life has its limits. And many of them perceive their diagnosis as an incentive to live and work more actively.
“I’m 25 years old, I’ve had HIV since 2002. Group II disability, pension 2,000 rubles, pills and injections as scheduled,” says the participant. — I have experience as a store manager behind me. I want and can work, although part-time and perhaps not every day. Sometimes there are health problems, you have to stay in the hospital, go for pills... It’s difficult to hide all this. And I’m tired of hiding my diagnosis for 5 years.”
| HIV is a human immunodeficiency virus that causes the viral disease HIV infection, the final stage of which is known as acquired immunodeficiency syndrome (AIDS). |
| AIDS develops only in a small percentage of HIV-infected people, but even these people can be helped by modern medicine. Generally speaking, there are only three ways of transmitting HIV infection: sexually, through blood and from an HIV-positive mother to a child (complete education can be achieved). HIV infection does not pose a danger in everyday life and during ordinary contacts, even for people who communicate closely, not to mention colleagues. “Rather, on the contrary, you threaten us more than we threaten you,” they say on the Raboty.ru forum. “Your colds are much worse for us than for you.” According to official statistics, there are currently 417 thousand 715 HIV-infected people registered in Russia. Over the 12 months of 2007, 44 thousand 444 new cases of HIV infection were identified. Don't think that they are all drug addicts or promiscuous people. Discrimination against people with HIV based on their diagnosis is a direct violation of their rights and freedoms, lawyers remind. |
However, the company, upon learning that a person has HIV, will not welcome him with open arms. Some people are still confident that the virus is transmitted through household and airborne transmission, and carriers of the infection pay for their immoral behavior. “I know one thing: I won’t work with infected people, I won’t hire them, if I find out, I’ll fire them,” say forum participants. “If I had found out about a colleague who was HIV-positive, I would have quit. I think many of my colleagues do too.”
Those who are particularly suspicious of this even develop a neurosis - speedophobia: “What if we go on a business trip and get into an accident, and the blood of an infected person gets into my wound?”
HIV testing
“In 2002 I was diagnosed with HIV. It was very difficult to come to terms with the idea of a positive status, especially considering that I was infected in the hospital. But the moment came when I decided to move on with my life,” says a Raboty.ru forum participant. “I’m proud of the people who helped me, and myself too, for having the courage and strength to cope. I was able to identify other values in life and learned not to give up. Now I’m doing what I love: working with personnel. Nobody knows about my status."
In almost all cases, HIV is not a reason to leave your specialty. Even if you work as a cook. Professions “closed” to HIV-positive people are stipulated in the Federal Law “On preventing the spread of the disease caused by the human immunodeficiency virus in the Russian Federation.”
If you don’t want the company to know that you have HIV, you don’t have to talk - you won’t break the law. And if they ask for a certificate, know that only medical staff of healthcare institutions working with HIV-positive people, staff of AIDS testing laboratories and other employees of enterprises whose work is related to HIV, and staff of obstetrics and gynecology departments are required to be tested for HIV.
That is, if you apply for a job, for example, in a cafe and the HR department requires you to bring a certificate with the result of an HIV test, you can refuse. If personnel officers continue to insist, contact them for written explanations (they will be useful if the matter goes to court), and taking tests will most likely be crossed out of the referral.
Some ministries and departments (as well as republics), on their own initiative, are expanding the circle of specialists who must be tested for HIV infection. The test is taken by aviation personnel, customs officials, and many railway specialists (conductors, employees of dining cars, refrigerated trains, etc.). However, this is a violation of federal law.
Work compatible with treatment
For certain indications, treatment for HIV infection is prescribed. A person must take medication at certain times every day. Some panic: “How to hide from colleagues a huge cloud of pills and injections that must be injected and taken strictly on time?” However, there are many diseases for which you have to take medications. HIV is the last thing your colleagues will suspect you of.
“I’m on Stokrin, with my head occasionally floating,” says an HIV-positive forum participant. “But no one knows about my status.” I take therapy right at work, sometimes even at a meeting. Like, “I take contraceptives,” “the doctor ordered me to take a course of vitamins.” You can pour Stokrin into a jar of Vitrum. And injections are like insulin injections for diabetes, and you can cover up with that.”
When looking for work, people with HIV who have developed significant health problems (for example, acquired a disability), need to pay attention first of all to the schedule and workload. You can get a job as an insurance agent, auditor, sales representative - this job does not require constant presence in the office. Many, in order to avoid negative attitudes, find employment in social services working with HIV+.
If it’s physically difficult to be in the office, find a remote job, become a freelancer. You can take courses and work as a build editor, do programming, photography, collaborate with magazines (for example, Stepan Kaletra, the host of the “Life with a Plus” column in KVIR magazine, has a positive status).
Illegal dismissal
Sometimes, due to concomitant diseases, HIV-positive people have to stay on sick leave for a long time.
| As a result of an all-Russian survey conducted in the spring of 2008, VTsIOM found out that how the attitude towards a person can change if he receives HIV-positive status. |
| If a close friend or family member were infected, 35% of respondents would not change their attitude towards him. But if this happened to a work colleague or housemate, only 23-24% would maintain their previous attitude. They are ready to provide all possible help and support to: a relative - 28%, a colleague - 16%, a neighbor - 14% of respondents. They will pretend that nothing happened, but internally they will change their attitude for the worse: with a relative - 19%, with a colleague - 28%, with a neighbor - 23%. They will reduce their communication to a minimum: 4% - with a relative, 14% - with a colleague, 23% - with a neighbor. Among young people, there is a higher percentage of those who say that they would not change their attitude towards an HIV-positive colleague. This was answered by 26% of 18-24 year old respondents and only 17% of respondents aged 60 years and older. 23% of Russians reported that they had been tested for HIV over the past year, 75% did not. Are you sure that you have a negative HIV status? |
Those who, due to health reasons, can no longer perform their previous work, the employer is obliged to transfer to an easier one. If there is no one in the organization or you don’t like it, you will have to leave by mutual agreement. If you are still able to work, your boss has no right to force you into another position.
Management may try to get rid of an employee with HIV by “subsuming” illegal dismissal under one of the paragraphs of Article 81 of the Labor Code: they will begin to record all mistakes and set impossible tasks. If you are sure that the reason for your dismissal is your diagnosis, you can go to court and the labor inspectorate with an application for restoration of violated rights, compensation for material damage and compensation for moral damage.
If you are declared completely incompetent, then you need to resign not of your own free will (as managers sometimes suggest), but based on the fact of your incapacity. In this case, you will be paid severance pay in the amount of two weeks' average earnings.
In case, despite your disability, you get a job: you (and the organization that will hire you) are entitled to benefits. But we will have to specify the diagnosis.
What do companies think about employees with HIV?
Not all employers, upon learning that a candidate has HIV, roll their eyes in horror. Many people prefer the sensible approach. When deciding whether to hire a specialist with HIV, they pay attention to four points.
1. Professional quality. “The main thing is the effectiveness of the specialist and his need for the company,” believes Ekaterina Gripas, Deputy Director for Human Resources, Finam Investment Holding.
2. A person's attitude towards his illness. According to Anna Mikheeva, administrative director of RU-CENTER, some people are sick physically, psychologically, and emotionally. Others perceive their illness as a chance to become stronger, overcome their internal conflicts and difficulties, and become a whole person.
“Such a person, faced with the need to constantly fight for his life, can be more mature and stronger both personally and professionally. His motivation may be much stronger, and the resource that he is ready to offer may be incomparably greater, despite his physical ailments. I know of cases where people with incurable and difficult-to-treat diseases worked at the company - they made a huge contribution to the business.”
Raboty.ru forum participant: “We can be better workers because we have rethought our goals and aspirations. We work for results, without being distracted by trifles. I know what I want to achieve. HIV as an incentive keeps me from losing my goal.” By the way, she has no problems with work and income.
3. Physical capabilities.“I see only one limitation when hiring a specialist with HIV - whether he can work according to the proposed schedule. This applies to any chronic diseases associated with visiting doctors or undergoing examinations,” says a recruiter from the Raboty.ru forum.
4. Opinion of the immediate supervisor. Ekaterina Gripas: “Most likely, I would convey information about his illness to the specialist’s manager (I think there would be no severe negativity - we have intelligent employees). If he had no objections, the employee would have been hired.”
When deciding whether to find out the opinion of other employees or maintain the necessary level of confidentiality, Ekaterina Gripas would choose the second option, because HIV is not one of the diseases transmitted through personal contacts. “I would advise HIV-infected professionals to accept their situation,” she says. “Be able to see yourself as a full-fledged and full-fledged specialist and person.”
