PETALING JAYA: There should not be any prejudice towards people living with HIV (PLHIV) as the disease is now treatable and they can live a normal life with medication, says the Social Security Organisation (Socso).

Its chief executive officer Datuk Seri Dr Mohammed Azman Aziz Mohammed said Socso works closely with the Malaysian AIDS Foundation (MAF) to ensure the organisation fully understands the disease.

Mohammed Azman said Socso even sponsors second-line antiretroviral therapy medicine up to RM300,000 annually through MAF for insured employees who are categorised as PLHIV.

He said all the necessary policies are in place as Socso does not discriminate against employees based on their illnesses and is fully committed to assisting PLHIV in retaining their jobs and overcoming workplace challenges.

“Socso’s Employment Insurance System does not discriminate against PLHIV.

“Individuals who have lost their job or were dismissed due to their HIV status are eligible for benefits under the employment services. This includes the replacement of income and job placement facilities,” he said.

“They can also be recruited into Socso’s Return to Work Programme where retraining and reskilling may be initiated towards a goal of retaining at work or returning to work.

“To this effect, Socso proactively collaborates with MAF to recruit PLHIVs into the programme,” Mohammed Azman added.

The project, which started in 2020, regularly recruits about 30 PLHIV yearly, with a return to work rate of between 50% to 60% annually, and is monitored by both organisations.

“Other than rehabilitation and return to work, Socso has also been assisting its insured persons who require second-line antiretroviral therapies by sponsoring the medicine through the MAF, to the value of RM300,000 per year.

“The challenge lies in the confidence and stigma that surrounds the issue.

“We believe that continuous awareness and education will greatly enhance the reintegration of PLHIV into society and the workplace,” said Mohammed Azman.

Lawyer Edward Saw, who specialises in the field of industrial relations and employment law, said employees who are PLHIV have the same rights, similar to any other employee under the laws.

“Dismissal on the sole ground that an employee is HIV positive would be unlawful and discriminatory.

“The Department of Safety and Health has a Code of Practice on Prevention and Management of HIV/AIDS at the Workplace, issued in 2001.

“The code prescribes that an HIV positive employee has the right to continue in employment as long as they are able to work and do not pose any danger to themselves, their co-workers and other individuals.

“The procedure for termination on medical grounds in such cases should be the same as any other disease.

“This means any employee who is HIV positive and who is dismissed for that sole reason can claim unfair and unlawful dismissal under Section 20 of the Industrial Relations Act 1967,” said Saw.

He said should the employee take the matter to the Industrial Court for unlawful dismissal, the burden would be on the employer to prove that the dismissal was necessary because the employee’s condition was affecting his or her work and posed a danger to other colleagues at the workplace.

Saw said PLHIVs should not hide their status as the employer has a right to know and to assess the risk.

“The employer is under a duty to ensure that the workplace is a safe environment which means the interests of all employees must be looked after.

“In most cases, the employer will usually send the employee for a pre-employment screening.

“If an employee hides this status and is subsequently discovered, the employee could be dismissed for non-disclosure of material information, which is also a recognised misconduct,” he said, adding that this would also depend on whether there was a requirement to disclose at the start.

He said if the Industrial Court finds the dismissal of an employee who is HIV positive as lawful and the employee still wants to find a legal recourse, then he or she can appeal the decision at the High Court.

https://www.thestar.com.my/news/nation/2024/09/09/socso-fully-supports-hiv-positive-workers