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José M.
José M., Attorney
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Experience:  Spanish Attorney
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My partner and I have both been living and working in Spain

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My partner and I have both been living and working in Spain for the last 7 years in a British International School, owned by a Spanish company. Just recently we have both been diagnosed HIV positive. My questions concern our legal rights re continued employment at the school. Are we obliged to inform our employer of our status? Are we likely to lose our jobs or do we have protection under Spanish law against discrimination due to our HIV status?

Attorney3044 :

Hi

Attorney3044 :

I Am José M. spanish attorney

Attorney3044 :

You do not have to inform of it to the company as it is part of your private live

Attorney3044 :

But even if you inform they could not fire you for it

Attorney3044 :

It is reasonable to think that if you inform they will take masures against you too becuase, they will say, the prifit of the students, as you two could be a risk for they

Attorney3044 :

My advice its not to say anything

Attorney3044 :

You d o not have the legal obligation to inform

Customer:

You say they could take measures against us - is this because of a perceived risk to the students?

Attorney3044 :

The medical checks that the company could provide you must be confidential and the company not informed

Attorney3044 :

But as long as they pay them at lest if often informed, so I think its better not used the service. And yes, if you inform they could alegate the profit of the students...

Attorney3044 :

Insist, do not inform them

Customer:

The company has a medical service that all ill employees have to be referred to. My partner has recently been ill so that company is aware of his status. From what you have said this means they cannot pass on this information to the school or company owning it

Customer:

Also I understand therefore you are saying to keep our HIV status private and continue to work as normal

Attorney3044 :

Legally thay can no do it. But its depends now on his professional way of manage

Attorney3044 :

In all cases thay will never recognice where the info comes

Attorney3044 :

And yes, acts as a ussual

Attorney3044 :

If problems becomes for the info, you could demand the health company who could inform

Customer:

If we are taken to court what would be the likely outcome? Would the law most likely support us or the employee?

Customer:

Sorry I meant employer

Attorney3044 :

The problem will be for the employer if he knows because he will have to decide the same, inform the parents of the students, to fire you out fot it ( risky), or in the middle to alegate problems and fire you out for another problems ( excuses )

Customer:

If the employer makes things difficult is this a case that could be taken to the European Court of Human Rights?

Attorney3044 :

So, do not inform and demand if they take mesures for a probably info from the health company

Attorney3044 :

No, no CEE court yet

Attorney3044 :

You have to take the legal spanish ways first ( previusly)

Customer:

Thank you for your help

Attorney3044 :

AS soons as the problems becomes, contrcat a local attorney

Attorney3044 :

Thank you Sir

Attorney3044 :

Have a good day

Attorney3044 :

Please to make a good rate of the service, if the way the site pays the expert

Attorney3044 :

Thankk you

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