ПРАВНИ ПРОБЛЕМИ ПРИЛИКОМ ЗАСНИВАЊА РАДНОГ ОДНОСА ЛИЦА ЗАРАЖЕНИХ HIV-ВИРУСОМ
LEGAL PROBLEMS IN EMPLOYING PERSONS INFECTED BУ HIV VIRUS

Summary/Abstract: Persons infected by HIV virus and becoming ill of AIDS are faced with numerous barriers in day-to-day life, including the sphere of their subjective rights. The position of such persons is elaborated using comparative method in case of employment (German, Swiss and American laws). In all these legal systems there is a distinction between persons only infected with HIV virus (so-called sero-positive people) and those already fallen ill of AIDS. The first category is in a better position, since there is no duty to inform the employer on the sero-positive finding. In other words, such persons are not considered unable to work. However, in contrast to German and Swiss laws, the law of the USA permits the employer to rescind the contract of work with those who gave false statement regarding their health. All three legal systems have the same position regarding persons with AIDS. Such persons have a legal duty, when applying for job, to state this fact to the employer, since future unfitness for work is certain in the long-run. To be true, so-called anti-dis- criminatory legislation of some member-states in the USA open the possibility to such persons to prove their capacity to do specific jobs, but practical significance of this is rather small. There is no considerable difference also regarding the possibility' of candidates for jobs to be subjected to the HTV test in analyzed legal systems. Testing is prohibited in principle, except in case of jobs where there is and increased danger of infection of others, since sero-positive persons are considered unfit for such jobs.

• Details
• Contents