The Ministry of Labor and Social Security (MTSS) has recently issued the "Directive for the Prevention and Management of HIV/AIDS in the Workplace, No. DUG-MTSS-CSO-DE-1-2025," which establishes clear guidelines for the prevention and management of HIV/AIDS at work. This directive is mandatory for both the public and private sectors and aims to ensure the protection of workers’ rights living with HIV.
Some of the key aspects that employers must consider in light of this Directive include:
- Prohibition on Requiring HIV Testing: It is ratified that this prohibition applies to both the hiring processes and throughout the employment relationship.
- Confidentiality of Serological Status: Employers must prevent the disclosure of a worker’s medical information.
- Non-Discrimination and Job Stability: Termination of employment based on HIV status is expressly prohibited under the provisions of the Labor Code.
- Training and Prevention: Workplaces must foster awareness and provide a safe environment for workers.
These measures reinforce corporate responsibility in protecting workers' health and ensuring equal working conditions. They also align with other legal provisions aimed at preventing employment discrimination, upholding human dignity, and safeguarding physical and mental health.
The directive was published in Official Gazette No. 32 on February 18, 2025, and must be enforced immediately.
However, it should be noted that as early as 2022, Articles 44, 45, and 48 of the General HIV Act had already established a set of obligations intended to prohibit discrimination against individuals living with HIV at work. Furthermore, this law mandated the inclusion of provisions in internal workplace regulations to ensure access to HIV prevention information and the protection of the rights of affected individuals. Additionally, it required that companies incorporate in their policies and corporate social responsibility plans a set of activities and programs intended to promote healthy lifestyles, the prevention of HIV and other sexually transmitted infection (STI), and the non-stigmatization or discrimination of individuals living with HIV.
Therefore, we recommend that employers review their policies and internal regulations to implement the necessary measures for proper compliance with both the law and this new Directive in their workplaces.
Should you have any questions, we are available to assist you in this process. Additional information is also available through our BDS TOOLS resource.
Likewise, we invite you to our upcoming webinar: "Employee Health Information: Employer Responsibilities under the General HIV Law," which will take place on Thursday, March 20, 2025, from 9:00 a.m. to 11:00 a.m. The session will be led by our partners, Francisco Salas and Lucía Solórzano.
Participants will receive a digital certificate of participation and one month of access to BDS Tools Basic, which includes self-management labor tools, materials related to the event, and other resources.
The registration fee is $95 + 2% VAT, but the event is completely free for clients subscribed to BDS Tools Annual Business Plan. To register, please visit the following link: https://share.hsforms.com/1hBRaS0MZS6SwIaiDqHyV5Q3r316.
We look forward to your participation in this session, where we will delve into this topic and address any questions you may have.
