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Ranju_9666 (Service)     31 August 2014

How to manage when an employee is afflicted with hiv

Hi Recently in the office that I work in, an employee, who was of late suffering from different ailments, has been diagnosed as having afflicted with HIV Type 1 disease. This information is with our medical officer who is overseeing the case. As per the government rules, he shall be referred to an ART center in Kolkata for further management. Incidentally the employee works in the office canteen as a Cook. I would like to seek advice on the following points: (a) Does a co-worker or co-employee have any right to know about the status of the above-mentioned employee or does the office management have responsibility to make aware of his situation to other employees or his co-workers who are working with him in the canteen (b) What I understand after browsing from the net, that an employer cannot discriminate against this particular employee. But is it not the employer's responsibility to ascertain whether this concerned employee is fit enough to perform his current duties and whether he will not pose a risk to other co-workers owing to the possibility of him spreading any contagious disease, which he may be afflicted with owing to his present condition I seek advice from the experts. Thanks Ranju


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 3 Replies

Laxmi Kant Joshi (Advocate )     31 August 2014

It is very dangerous to other employees also as you said he is a cook let a suppose if her finger cuts while cutting vegetable and the blood owzes from it and he carelessly didn't care then ? inform to your senior in writing and aware them for this situation .

Sudhir Kumar, Advocate (Advocate)     31 August 2014

agreed with Mr Joshi.

Ranju_9666 (Service)     31 August 2014

Thank you for the advice. However I would like to know whether there is any legal compulsion on the part of management to inform other employees or coworkers to make them aware about this unfortunate condition of their co-employee

 


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