Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has taken note of the detailed information supplied by the Government in its first report and would be grateful if it would communicate additional information on the following points:

Article 1, paragraph 2, of the Convention. The Government refers in its report to nursing personnel in the public sector. Bearing in mind that the Convention applies to "all nursing personnel wherever they work", please indicate in what manner and under what legal or conventional provisions the Convention is also applied to nursing personnel in the private sector. (Please supply a copy of these provisions and the text of the Nurses and Midwives Act, 1964.)

Article 1, paragraph 3. The Government states in its report that the general policy on voluntary services adopted by the Ministry of Health also covers persons who provide nursing care and services on that basis. Please give more detailed information on this policy and indicate if special provisions have been adopted to cover the persons in question, and, if so, please communicate the text.

Article 2, paragraph 1. The Committee takes note of the information on the policy concerning nursing services and personnel formulated by the Ministry of Health and the Nursing Associations. Please supply details on the implementation of this policy and on the guiding principles in the matter of administration, training and research established by the Regional Nursing Body and the International Council of Nurses for the countries of the region. The Committee would appreciate more comprehensive information: (a) on the implementation of the draft classification of patients mentioned by the Government, which should provide a scientific basis for planning nursing personnel; and (b) on the role and composition of the Nursing Council.

Article 2, paragraph 2(b). The Government refers in its report to certain measures taken following negotiations with the trade union organisations representing nursing personnel, on the subject of remuneration and career prospects for this personnel but it indicates that these measures are not sufficient to retain members of this personnel in the profession. The Committee notes in fact that, according to the statistical data communicated with the report, the number of persons who have left the profession is very high in relation to the total membership of the profession (1,253 out of a total of 3,152). The Committee hopes that the Government will not fail to take the necessary measures to remedy the situation and to provide nursing personnel with employment and working conditions (including career prospects and remuneration) which are likely to attract persons to the profession and retain them in it, and are comparable to those applying to other categories of workers who perform work of equal value although of a different nature. The Committee would be grateful if the Government would indicate all progress made in this respect.

Article 2, paragraphs 3 and 4. In its report the Government mentions consultations which had taken place between the Ministry of Health and the Nursing Associations when the policy concerning nursing personnel was being formulated and also refers to the co-ordination between the Ministry and the above-mentioned Associations. Please supply more comprehensive information on these consultations and indicate the manner in which the policy concerning nursing services and nursing personnel is being co-ordinated with policies relating to other aspects of health care and to other workers in the field of health. Are the employers' and workers' organisations concerned consulted in this matter?

Article 5, paragraphs 1 and 2. Please indicate in what way nursing personnel are encouraged to participate in the planning of nursing services and if they are consulted on decisions which concern them both at national level and at the level of the hospital establishments where they work. Please state also whether there are collective agreements which determine working and employment conditions for nursing personnel in the public and private sectors and if so please communicate a copy.

Article 5, paragraph 3. The Committee has taken note of the information provided by the Government on procedures for the settlement of disputes arising in connection with the determination of employment conditions of nursing personnel. It has however noted that, according to the first schedule to Act No. 14 of 1975 on industrial relations and industrial disputes that health services, hospital services and sanitary services are considered as being "essential services" and that, for this reason, industrial disputes concerning them may be submitted to compulsory arbitration under the terms of article 9 of this law. The Committee would be grateful if the Government would indicate the manner in which this arbitration system ensures safeguards contained in the above provision of the Convention, according to which the settlement of disputes shall be sought through negotiation between the parties or in such a manner as to ensure the confidence of the parties involved through independent and impartial machinery such as mediation, conciliation and voluntary arbitration.

Article 6, paragraphs (a) to (g). The Government indicates in its report that conditions of employment for nursing personnel are based on those contained in the regulations on public servants and are established by means of negotiation with the professional organisations concerned or by the Ministry of Health in collaboration with the nursing personnel. Please provide the text of the legal, statutory or conventional provisions governing conditions of employment of nursing personnel in the public and private sectors in the fields covered in paragraphs (a) to (g) of the above-mentioned provision of the Convention and specify also whether these conditions are at least equivalent to those enjoyed by the other workers in the country. Please state also whether nursing personnel is covered by the national insurance law.

Article 7. The Government states in its report that health and safety at the workplace is one of the Ministry of Health's priority programmes. It adds that existing legislation in this matter is not designed specifically for nursing personnel but that it could be partially modified and adapted to the needs of this personnel. The Committee takes note of this statement and hopes that the Government will endeavour to improve legislation on occupational health and safety so as to take into account the special nature of nursing work and of the environment in which it is carried out.

Point V of the report form. The Committee has taken note of the statistical data and the other practical information communicated by the Government and hopes that the latter will continue to provide such information in its future reports.