Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 2, paragraph 2(b), and Article 5, paragraph 2, of the Convention. The Government's last report indicated that the employment and working conditions including career prospects and remuneration of nursing personnel in the public sector were assured by the Malawi Public Service Regulations whereas the Private Hospitals Association of Malawi (PHAM) coordinated the condition of service and remuneration for those nurses working in private hospitals, although it appeared from the report that there are no collective agreements applying to nursing personnel. The Committee requests the Government to indicate the methods by which in the absence of collective agreements conditions of employment and work of nursing personnel in the private sector are determined. Please also supply detailed information on any measures taken 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.

Article 5, paragraph 3. The Committee noted that the settlement of disputes procedure under the Trade Disputes (Arbitration and Settlement) Act (Cap. 54:02) seemed to apply to nursing personnel in both the public and private sectors. The Committee requests the Government to supply detailed information on the practical application of this procedure. It requests the Government to indicate, in particular, how the guarantees provided for in the Convention, which requires that disputes be settled through negotiations or in such manner as to ensure the confidence of the parties involved through independent and impartial machinery, are provided under the above Trade Disputes Act.

Article 6. 1. Please indicate the specific conditions enjoyed by nursing personnel in the fields covered by paragraphs (a) hours of work, (b) weekly rest, and (d) educational leave, of this Article, and the legal provisions or regulations establishing such conditions.

2. Please specify the provisions applicable to nursing personnel in the private sector in the fields covered by paragraphs (c), (e), (f) and (g) of this Article and concerning, respectively, paid annual leave, maternity leave, sick leave and social security.

Article 7. Please indicate the measures that have been taken to give effect to this Article (measures to adapt the occupational health and safety provisions to the special nature of nursing work).

Point V of the report form. Please supply the statistics requested under this point of the report form on the number of nursing personnel in relation to population, the number of patients and other health workes, data on the number of persons leaving the nursing profession, and a general appreciation of the manner in which the Convention is applied in the country, including any practical difficulties encountered.