does anyone know the HIV policy for X employee's?

[opps1980]

Hi

does anyone know the HIV policy for x employee's?

A friend of mine was recently fired because he tested positive for HIV at X X and X in Bangkok, Thailand after an HIV test that was actually illegal under Thai Law.

He was fired despite the fact he has been undetectable for many years.

When he was fired the manager who fired him said the reason was the policy in from the head office in France was not to employee anyone within x who is HIV+

I would like to know if this is true or my friend was lied to by this manager, because I find it surprising a company like the x group would have such a policy, however if this is a true x policy I think the community should be aware and boycott this brand.

If my friend was lied to by local management I would like to find out how to suggest to x to investigate this discrimination.


Many thanks for any replies

[Jim Allen]

I know of a number of cooperate companies that have such policies, or global companies that have local entities that have separate policies. Its not something that would be applied globally as local laws sometimes prohibit discrimination based on health/HIV status. (I'm not saying its a good thing, I'm just aware of it)

Now I have removed the name of the company because not only is your post based on hearsay and could be deemed as slander but also because your friend might want to investigate if he/she has a case locally with a local lawyer or NGO and you might be damaging the options that may be open to your friend.

End of the day I doubt a French company would have a policy from France in-place globally for its employees as within France it might (Nearly certain it would) contradict Labour code, art. L.1132-1 but as your friend is in Thailand and working for a local version of the company, his/her contract would be with the local entity in this case a Thai company, and it would manage its employees subject to Thai Law

Jim

[CaveyUK]

It is illegal in France to discriminate based on HIV status, due to EU employment law

https://en.wikipedia.org/wiki/Employment_discrimination_law_in_the_European_Union

If it could be proven that the companies French head office are behind the anti-HIV policy then there could be a legal case to answer, as they are contravening EU Law.

Thailand however doesn't appear to have any robust anti-discrimination employment law when it comes to HIV, one of the reasons that discrimination is so rife there. It seems to have been rumoured that insurance costs are behind many companies anti-HIV policy.

Therefore, it is most likely a local decision and the manager just stood behind the 'head office policy' as a face-saving excuse.

As I'm no expert in Thai law, I'm not sure there is any direct recourse your friend has. It may be worth talking to some local HIV/AIDS organisations as they may have more insight into latest legislation and if any pressure to change policy could be applied.

I'd probably start here
https://thaiaids.org
http://www.aidsrightsthailand.com/

[opps1980]

Thanks

[Expat1]

It is against Thai Law to discriminate.  But its done all the time.  But since it is a multinational corp.  There should be a Human Resources Department either in Thailand or in France that would have the power to 'correct' a boss who has stated a policy that is more likely just his or her own prejudice.