Common use of HIV Testing Clause in Contracts

HIV Testing. 7.1.1. No employer may require an employee, or an applicant for employment, to undertake an HIV test in order to ascertain that employee’s HIV status. As provided for in the Employment Equity Act, employers may approach the Labour Court to obtain authorisation for testing. 7.1.2. Whether s 7(2) of the Employment Equity Act prevents an employer-provided health service supplying a test to an employee who requests a test, depends on whether the Labour Courts would accept that an employee can knowingly agree to waive the protection in the section. This issue has not yet been decided by the courts. 1[1] 7.1.3. In implementing the sections below, it is recommended that parties take note of the position set out in item 7.1.4. Authorised testing Employers must approach the Labour Court for authorisation in, amongst others, the following circumstances: (i) during an application for employment; (ii) as a condition of employment; (iii) during procedures related to termination of employment; (iv) as an eligibility requirement for training or staff development programmes; and (v) as an access requirement to obtain employee benefits.

HIV Testing. 7.1.1. No employer may require an employee, or an applicant for employment, to undertake an HIV test in order to ascertain that employee’s HIV status. As provided for in the Employment Equity Act, employers may approach the Labour Court to obtain authorisation for testing. 7.1.2. Whether s 7(2) of the Employment Equity Act prevents an employer-provided health service supplying a test to an employee who requests a test, depends on whether the Labour Courts would accept that an employee can knowingly agree to waive the protection in the section. This issue has not yet been decided by the courts. 1[12[1] 7.1.3. In implementing the sections below, it is recommended that parties take note of the position set out in item 7.1.4. Authorised testing Employers must approach the Labour Court for authorisation in, amongst others, the following circumstances: (i) during an application for employment; (ii) as a condition of employment; (iii) during procedures related to termination of employment; (iv) as an eligibility requirement for training or staff development programmes; and (v) as an access requirement to obtain employee benefits.

HIV Testing. 7.1.1. No employer may require an employee, or an applicant for employment, to undertake an HIV test in order to ascertain that employee’s 's HIV status. As provided for in the Employment Equity Act, employers may approach the Labour Court to obtain authorisation for testing. 7.1.2. Whether s 7(2) of the Employment Equity Act prevents an employer-provided health service supplying a test to an employee who requests a test, depends on whether the Labour Courts would accept that an employee can knowingly agree to waive the protection in the section. This issue has not yet been decided by the courts. 1[1[2] 7.1.3. In implementing the sections below, it is recommended that parties take note of the position set out in item 7.1.4. Authorised testing Employers must approach the Labour Court for authorisation in, amongst others, the following circumstances: (i) during an application for employment; (ii) as a condition of employment; (iii) during procedures related to termination of employment; (iv) as an eligibility requirement for training or staff development programmes; and (v) as an access requirement to obtain employee benefits.