Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2, paragraph 2(b), and Article 5, paragraph 2, of the Convention. The Committee recalls that it has requested the Government in its previous report to provide information on any developments in relation to nursing personnel with regard to the governmental policy statement allowing employees in both the private and public sectors to freely organize in trade unions and engage in collective bargaining. The Committee notes that the report does not contain any information on that matter and it hopes that the Government will supply it with its next report. The Committee informed the Government that no copy of the referred governmental statement has been received from the UNDP, and thus the Committee would be grateful if the Government would communicate this copy directly to the Office. The Committee takes note of the information that the Government is not able to provide a copy of the general terms and conditions of employment applying to members of the Christian Hospitals' Association of Malawi (CHAM) at this juncture because they have engaged a consultant who is currently working on the new conditions. The Committee hopes the Government will communicate a copy of the general terms and conditions once the mentioned exercise is finished.

Article 6. The Committee notes the indication of the Government that it is not possible to provide a copy of administrative arrangements concerning points (a) hours of work; and (b) weekly rest, applicable to public sector since a new schedule is on elaboration at this moment. The Committee hopes that the Government will provide the text when the schedule is ready. The Committee takes note of the information provided by the Government in relation to the working conditions applicable to the members of the CHAM. It requests the Government to communicate copies of the relevant texts.

Article 7 and Part V of the report form. The Committee notes that consultation with the organization of employers and nursing personnel concerned still takes place to improve the practical application of the provisions of the Convention. However, the Committee takes note with regret that due to budgetary constraints nothing has been done in the application of these provisions of the Convention. The Committee requests the Government to report on any progress achieved in this respect. With reference to its general observation of 1990 which it repeated in 1994, the Committee notes the information that there is progress though discussions are still under way in order to find ways and means of protecting the nursing personnel from accidental exposure to the human immunodeficiency virus (HIV). The Committee requests the Government to continue providing information on this issue and to report on the measures taken or contemplated with respect to nursing personnel who are infected or considered to be infected by HIV (adaptation of conditions of work, recognition that the cause of infection was occupational, etc.).