Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information supplied by the Government in reply to its previous comments.

Article 2, paragraph 2(b), of the Convention. The Committee notes that the project developed by the Ministry's Department of Nursing Care, in collaboration with the trade union of nursing personnel and the delegate of the central management and administrative body, with a view to the re-evaluation and classification of nursing jobs covered by the Ministry of Health, is still being examined by the central management and administrative body. It hopes that the Government will supply the Office with a copy of the final text of the above project when it is adopted. Furthermore, the Committee notes that the wages of nursing personnel are governed by the Act respecting the civilian staff of the public administration. It requests the Government to state whether there are any laws or regulations applicable to nursing personnel in the public sector which are likely to attract persons to the profession and retain them in it, in accordance with this Article of the Convention. Please also state whether there are any provisions of the same type covering nursing personnel in the private sector.

Article 5, paragraph 3. The Committee notes that the dispute settlement procedure applicable to nursing personnel in the private sector includes an optional arbitration system. The parties may choose either amicable settlement or conciliation and arbitration, in accordance with sections 93 to 106 of the Labour Code of 1981. It also notes that nursing personnel in the public administration are covered by the dispute settlement procedures governing personnel in the public administration. The Committee would be grateful if the Government would indicate the legal provisions or regulations governing the settlement of conflicts in the public sector and if it would supply a copy of them.

Article 7. The Committee requests the Government to indicate the measures which have been taken or are envisaged to improve existing laws and regulations on occupational health and safety by adapting them to the special nature of nursing work and of the environment in which it is carried out. Furthermore, with reference to its general observation of 1990, which was reiterated in 1994, the Committee requests the Government to indicate the measures which have been taken or are envisaged, in consultation with the employers' and workers' organizations concerned, to take into account the particular risk of accidental exposure to the human immunodeficiency virus (HIV) among nursing personnel, for example, by the arrangement of working conditions, confidentiality of test results, recognition that the cause of infection was occupational, etc.

Point V of the report form. The Committee notes the statistics supplied by the Government in its last report. It hopes that the Government will continue to supply such statistics and that it will provide information on the number of persons who are leaving the profession, as soon as it is available.