HIV-POSITIVE WORKERS AND THE PRESUMPTION OF DISCRIMINATORY DISCHARGE: PRECEDENT Nº 443 OF THE BRAZILIAN SUPERIOR LABOR COURT (TST) | DOI: 10.12818/P.0304-2340.2018V72P377

Abstract

Notwithstanding the efforts of international organizations, above all the International Labor Organization (ILO), towards creating mechanisms so that Member-states develop juridical instruments to combat discrimination against HIV-positive workers, there are enormous difficulties in making these mechanisms effective. The reversal of the burden of proof in labor cases is one of the means of implementing Recommendation No. 200 and Convention No. 111. of the ILO, according Precedent no 443 of the Brazilian Superior Labor Court (TST).