Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2, of the Convention. National policy concerning nursing services and nursing personnel. The Committee notes the Government’s indication that it intends to increase the night duty and vigil duty allowance for nursing personnel so as to avoid their dropping out from the public sector. It also notes that an implementing ministerial order is currently under preparation. The Committee requests the Government to keep the Office informed of any similar measures or initiatives aimed at improving the employment and working conditions of nursing personnel, including their pay conditions. The Committee would also appreciate receiving the Government’s views as to whether the remuneration levels of nursing personnel are commensurate with their socio-economic needs, qualifications and responsibilities and whether they sufficiently take into account the constraints and inherent hazards of the nursing profession.

With regard to the ongoing re-evaluation and classification of nursing jobs, which has been undertaken by the Nursing Department of the Ministry of Health in collaboration with the trade union of nursing personnel, the Committee notes the Government’s indication that the national project for the human resources development of nurses has now been finalized and has been disseminated to all regional health departments for guidance and information of nursing staff. The Committee requests the Government to provide additional explanations on the new classification system of nursing jobs and outline its objectives, priorities as well as proposed strategies.

Article 2, paragraph 3, and Article 5, paragraph 2. Consultation and negotiation with the social partners on the policy on nursing personnel. The Committee notes the Government’s reference to section 2 of Act No. 115 of 1976 establishing a Public Union of Nursing which provides that the union endeavours, among others, to contribute to the formulation of a policy for the education of nursing personnel, and to develop the means for the improvement of nursing services. The Committee considers that this provision may set out in general terms the mandate of the Public Union of Nursing, but says very little about the practical manner in which the union participates in consultations aiming at the adoption of a policy concerning nursing services or the determination of conditions of employment and work of nursing personnel. The Committee therefore requests the Government to provide more detailed information on the institutional framework within which the representative organizations of nursing personnel are consulted with respect to the elaboration and application of policies and principles regarding the nursing profession and the determination of conditions of employment and work of nursing personnel.

Article 3. Nursing education and training. The Committee notes the information provided by the Government regarding the reform of the nursing education from a three-level to a two-level system by gradually transforming secondary nursing schools, which currently account for 85 per cent of all graduates, to technical institutes for nursing and accordingly extending nursing studies from three to five years. It also notes the Government’s indications about the policy of continuous training for nursing personnel through collaboration with foreign universities. Noting that the final phase of the reform of the nursing education system is scheduled to be completed by 2010, the Committee requests the Government to provide all available information on the progress made so far as well as on the practical results of the existing collaborative arrangements with foreign academic institutions for the training of nursing personnel.

Article 5, paragraph 3. Settlement of disputes concerning employment conditions. Further to its previous comment on this point, the Committee notes that the Government refers to Act No. 47 of 1978 on the Statute of Public Employees as the legislation governing employment conditions of nursing personnel employed in the public sector. Noting that this Act does not appear to contain any provisions on the settlement of collective disputes concerning conditions of employment of public employees, the Committee asks the Government to clarify how the Convention is given effect with respect to nursing personnel in the public sector.

Article 7. Special regulations on occupational health and safety for nursing personnel. The Committee notes the Government’s reference to the Order of the Ministry of Manpower and Emigration No. 211 of 2003 concerning the limits of safety, conditions and requirements to protect from biological, chemical, mechanical, physical and negative hazards in the work environment, which is an instrument of general nature in the field of occupational safety and health. In this respect, the Committee draws the Government’s attention to the Joint ILO/WHO guidelines on health services and HIV/AIDS, published in 2005, with a view to assisting health services in building their capacities to provide their workers with a safe, healthy and decent working environment as the most effective way both to reduce transmission of HIV and to improve the delivery of care to patients. The Committee wishes also to refer to the International Labour Conference discussion held in June 2009 on “HIV/AIDS and the world of work” with a view to adopting an international labour Recommendation, and in particular to paragraph 37 of the proposed conclusions (see ILC, 98th Session, 2009, Report IV(2), page 310) which provides that public health systems should be strengthened, where appropriate, in order to ensure greater access to prevention, treatment, care and support, and to reduce the additional strain on public services, particularly on health workers, caused by HIV/AIDS. The Committee would be grateful if the Government would indicate in its future reports any specific measures taken or envisaged with a view to adapting laws and regulations on occupational safety and health to the special nature of nursing work and of the environment in which it is carried out and to increase the protection afforded by them.

Part V of the report form. Application in practice. The Committee notes that, according to the statistical information provided by the Government the number of students enrolled at nursing schools is 21,207 while the number of nursing personnel registered with the Public Union of Nursing amounts to 204,000, 80 per cent of whom are working in the public sector. It would be grateful if the Government would continue supplying up to date information concerning the application of the Convention in practice, including, for instance, the nurse-to-population ratio, copies of official reports or studies addressing nursing-related issues, any practical difficulties encountered in applying the Convention, etc.