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New Law establishes a legal framework for the comprehensive approach to Sexually Transmitted Infections (STIs) and the Human Immunodeficiency Virus (HIV)

By: Maria Teresa Mendoza

Submitted by Firm:
Morgan & Morgan
Firm Contacts:
Maria Mendoza, Ricardo Aleman
Article Type:
Legal Update
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Law 40 of August 14, 2018 has, among other, some provisions that affect the workplace, such as the following:

Obligations and prohibitions for employers:

  • Any discrimination and stigmatizing or segregating act is prohibited to the detriment of those affected, as well as against their relatives and friends.
  • Every employer is obliged to implement practical ILO recommendations on STI and HIV, and must take all necessary measures to effectively protect the life and health of its affected workers.
  • The worker is not obliged to inform his employer or his co-workers about his condition as an affected person. If he does, the employer must keep strict confidentiality of the case and seek, if necessary, to make adjustments in their work environment according to medical criteria, for the best performance of their duties.
  • No employer can deny affected workers the economic benefits to which they are entitled by law, such as deprive them of advancement in rank or promotion within the company.
  • The health condition of the affected worker can not be a reason for exclusion in relation to bonuses, awards, training, work trips, recreational activities and any other benefit or activities in the company.

Work permits for appointments or treatments:

  • Individuals affected will be granted work permits when required to take care of their health and medical treatments. Additionally, they will be granted up to a maximum of 144 hours, as long as their condition causes a disability.

Labor protection:

  • Workers affected with STIs or HIV can only be dismissed from their jobs for just cause, with prior authorization from the Ministry of Labor.

This Law repeals Law 3 of January 5, 2000.

The Executive Body, through the Ministry of Health, must regulate Law 40, in a period of 180 days as of August 14, 2018.