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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 matters raised in its previous direct request, which read as follows:
Article 2, paragraph 2, of the Convention. Employment and working conditions of nursing personnel. The Committee notes the Government’s statement in its last report that nursing personnel in the public sector have now a different scheme of service from other civil servants and that they are entitled due to the nature of their work to a uniform allowance, a risk allowance and a responsibility/administrative allowance. The Committee requests the Government to communicate in its next report supplementary information on the new conditions of service of nurses in government service and to forward copies of all relevant texts. In addition, the Committee wishes to receive the Government’s views as regards the remuneration levels practised in the health sector in the light of reported strike movements of nurses over low pay and, in some cases, unpaid wages.
Article 5, paragraph 2. Determination of conditions of employment and work by negotiation. With reference to the various memoranda of agreement annexed to the Government’s previous report, most of which were concluded in 1999 for a two-year period, the Committee would be grateful to the Government for supplying copies of all collective agreements in force determining the conditions of work of health-care personnel in the private sector.
Article 7. Occupational health and safety. Further to its previous comment on this point, the Committee notes the Government’s indication that the Federation of Kenya Employers (FKE) has drawn up a Code of Conduct on HIV/AIDS in the workplace which covers all its members, including those employing nursing personnel. The Committee asks the Government to provide a copy of this Code of Conduct. It also notes that, according to the Government’s last report, the Ministry of Health, in consultation with the Nursing Council of Kenya, was in the process of formulating rules to supplement the existing infection prevention and control guidelines. The Committee requests the Government to transmit the text of these rules once they are issued and to keep the Office informed of any further measures or initiatives aiming at minimizing the risk of HIV infection for health‑care providers. Bearing in mind that HIV-positive persons are estimated to occupy up to 40 per cent of beds in most hospitals, the Committee considers that sustained efforts are necessary to effectively contain the risk of patient-to-nursing staff HIV transmission.
Part V of the report form. Application in practice. The Committee notes that according to the statistics provided by the Government in its last report, there are 40,000 nurses, of whom 18,200 are employed in public medical institutions accounting for 34 per cent of the total Ministry of Health workforce. The Committee understands that a National Nursing Workforce Analysis project, scheduled to be completed in 2005, is currently under way with a view to computerizing and analysing existing supply and demand data on the nursing workforce and student nurses. The Committee would be grateful if the Government could continue supplying information on the application of the Convention in practice, including for instance statistics on the nurse-to-population ratio, the number of students attending nursing schools and the number of nurses leaving or joining the profession, copies of official reports or research studies examining the employment and working conditions of nursing personnel, as well as any practical difficulties encountered in the implementation of the Convention.
Moreover, the Committee understands that Kenya is facing a problem of brain drain in the health sector. According to the information available to the Committee, between 2001 and 2006, more than 3,000 nurses left the country to work in countries offering substantially higher salaries and a number of them had to pay for this purpose fees equal to ten months’ wages to private employment agencies. The Committee asks the Government to provide information regarding measures taken concerning, in particular, the plan for the improvement of working conditions of nursing personnel, including remuneration, in order to fight against the problem of brain drain.
The Committee notes 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 matters raised in its previous direct request, which read as follows:
Article 2, paragraph 2, of the Convention. The Committee notes the Government’s statement in its last report that nursing personnel in the public sector have now a different scheme of service from other civil servants and that they are entitled due to the nature of their work to a uniform allowance, a risk allowance and a responsibility/administrative allowance. The Committee requests the Government to communicate in its next report supplementary information on the new conditions of service of nurses in government service and to forward copies of all relevant texts. In addition, the Committee wishes to receive the Government’s views as regards the remuneration levels practised in the health sector in the light of reported strike movements of nurses over low pay and, in some cases, unpaid wages.
Article 5, paragraph 2. With reference to the various memoranda of agreement annexed to the Government’s previous report, most of which were concluded in 1999 for a two-year period, the Committee would be grateful to the Government for supplying copies of all collective agreements in force determining the conditions of work of health-care personnel in the private sector.
Article 7. Further to its previous comment on this point, the Committee notes the Government’s indication that the Federation of Kenya Employers (FKE) has drawn up a Code of Conduct on HIV/AIDS in the workplace which covers all its members, including those employing nursing personnel. The Committee asks the Government to provide a copy of this Code of Conduct. It also notes that, according to the Government’s last report, the Ministry of Health, in consultation with the Nursing Council of Kenya, was in the process of formulating rules to supplement the existing infection prevention and control guidelines. The Committee requests the Government to transmit the text of these rules once they are issued and to keep the Office informed of any further measures or initiatives aiming at minimizing the risk of HIV infection for health‑care providers. Bearing in mind that HIV-positive persons are estimated to occupy up to 40 per cent of beds in most hospitals, the Committee considers that sustained efforts are necessary to effectively contain the risk of patient-to-nursing staff HIV transmission.
Part V of the report form. The Committee notes that according to the statistics provided by the Government in its last report, there are 40,000 nurses, of whom 18,200 are employed in public medical institutions accounting for 34 per cent of the total Ministry of Health workforce. The Committee understands that a National Nursing Workforce Analysis project, scheduled to be completed in 2005, is currently under way with a view to computerizing and analysing existing supply and demand data on the nursing workforce and student nurses. The Committee would be grateful if the Government could continue supplying information on the application of the Convention in practice, including for instance statistics on the nurse-to-population ratio, the number of students attending nursing schools and the number of nurses leaving or joining the profession, copies of official reports or research studies examining the employment and working conditions of nursing personnel, as well as any practical difficulties encountered in the implementation of the Convention.
The Committee notes the information supplied by the Government in its last report.
Article 2, paragraph 2, of the Convention. The Committee notes the Government’s statement that nursing personnel in the public sector have now a different scheme of service from other civil servants and that they are entitled due to the nature of their work to a uniform allowance, a risk allowance and a responsibility/administrative allowance. The Committee requests the Government to communicate in its next report supplementary information on the new conditions of service of nurses in government service and to forward copies of all relevant texts. In addition, the Committee wishes to receive the Government’s views as regards the remuneration levels practised in the health sector in the light of reported strike movements of nurses over low pay and, in some cases, unpaid wages.
Article 7. Further to its previous comment on this point, the Committee notes the Government’s indication that the Federation of Kenya Employers (FKE) has drawn up a Code of Conduct on HIV/AIDS in the workplace which covers all its members, including those employing nursing personnel. The FKE Code of Conduct (Revised 2002) having not been appended in the Government’s report, the Committee would appreciate receiving a copy. The Committee also notes that the Ministry of Health, in consultation with the Nursing Council of Kenya, is in the process of formulating rules to supplement the existing infection prevention and control guidelines. The Committee requests the Government to transmit the text of these rules once they are issued and to keep it informed of any further measures or initiatives aiming at minimizing the risk of HIV infection for health-care providers. Bearing in mind that HIV-positive persons are estimated to occupy up to 40 per cent of beds in most hospitals, the Committee considers that sustained efforts are necessary to effectively contain the risk of patient-to-nursing staff HIV transmission.
Part V of the report form. The Committee notes that according to the latest statistics provided by the Government in its report, there are 40,000 nurses, of whom 18,200 are employed in public medical institutions accounting for 34 per cent of the total Ministry of Health workforce. The Committee understands that a National Nursing Workforce Analysis project, scheduled to be completed in 2005, is currently under way with a view to computerizing and analysing existing supply and demand data on the nursing workforce and student nurses. The Committee would be grateful if the Government could continue supplying information on the application of the Convention in practice, including for instance statistics on the nurse-to-population ratio, the number of students attending nursing schools and the number of nurses leaving or joining the profession, copies of official reports or research studies examining the employment and working conditions of nursing personnel, as well as any practical difficulties encountered in the implementation of the Convention.
Further to its previous comments, the Committee notes with interest the information supplied by the Government concerning Articles 2, paragraph 2(b), 5, paragraphs 2 and 3, and 6 and would be grateful if it would provide further information on the following points.
Article 7. The Committee notes the Government’s statement in its report that no law has as yet been enacted to protect nurses against accidental exposure to HIV/AIDS infection. It also notes that the Ministry of Health, in conjunction with the Nursing Council of Kenya, has issued guidelines on infection prevention and control for use by nurses in all health facilities. While noting the indication that no cases of nurses infected in the course of duty have been recorded, the Committee reminds the Government of the need to take steps to improve occupational safety and health legislation in order to protect nursing personnel against accidental exposure to HIV. In this connection, it draws the Government’s attention to the ILO code of practice on HIV/AIDS in the world of work, published in June 2001. It hopes that in its next report the Government will be able to indicate that, besides publications to ensure that the personnel concerned are better informed, other practical measures have been taken in consultation with the employers’ and workers’ organizations concerned in respect of the accidental exposure of nursing personnel to HIV, as well as measures envisaged for nursing personnel infected or deemed to be infected by HIV (for example, adjustment of working conditions, confidentiality of test results, recognition of the disease as service-incurred, etc.).
Part V of the report form. The Committee notes the information supplied by the Government in its report that about 30,000 nurses are working in Kenya, of whom 17,000 are in government services. Furthermore, every year about 400 nurses leave the profession whereas 2,000 others are trained. It asks the Government to continue to provide statistics on nursing personnel, together with general information on how the Convention is applied in practice.
The Committee notes 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 matters raised in its previous direct request, which read as follows:
The Committee notes the information supplied by the Government in reply to its previous direct request.
Article 2, paragraph 2(b), and Article 5, paragraph 2. The Government's report states that nursing personnel in the public service are regulated by the conditions of service of health care personnel and that their conditions of work in the private sector are determined by collective bargaining which takes the conditions of the public sector as its guideline. Please supply copies of any legal provision or regulation, as well as of any collective agreement concerning health care personnel. Please also supply copies of collective agreements, other than the agreement covering the Aga Khan Hospital in Kisumu, which determine the conditions of work in the private sector.
Article 5, paragraph 3. According to the Government's report, the settlement of collective labour disputes in the private sector follows the procedure set out in the Trade Disputes Act, Cap. 234. The Committee requests the Government to supply information on the practical application of this procedure. It also requests the Government to state the manner in which the guarantees set out in the Convention, requiring disputes to be settled through negotiations or in such a manner as to ensure the confidence of the parties involved, through independent and impartial machinery, are given effect in the context of the above Trade Disputes Act.
Article 6(a), (d), (e) and (g). The Committee notes with interest that in the collective agreement supplied by the Government (respecting the Aga Khan Hospital, Kisumu) the provisions applicable to private sector personnel in respect of hours of work, educational leave, maternity leave and social security, are at least equivalent to those of other workers established under the Employment Act of 12 April 1976. It would be grateful if the Government would supply copies of other collective agreements applicable to nursing personnel in the private sector. With regard to the public sector, the Committee notes that the Code of Regulation for Civil Servants determines the conditions of work of nursing personnel in the public sector. It requests the Government to supply a copy of the above Code.
Article 7. The Committee notes the Government's statement that no measures have been taken to improve laws and regulations on occupational health to protect nursing personnel against accidental exposure to the human immunodeficiency virus (HIV). The Committee hopes that in its next report the Government will be able to indicate the measures which have been taken, in consultation with the employers' and workers' organizations concerned, to take into account the specific risk of accidental exposure to HIV for nursing personnel, as well as the measures envisaged for nursing personnel who have been infected or are considered to have been infected by HIV (for example, by the arrangement of conditions of work, confidentiality of the results of examinations, recognition of the occupational nature of the disease, etc.).
Part V of the report form. The Committee notes with interest the information concerning the practical application of the Convention and the number of nursing personnel in relation to the population, as well as the negligible number of persons leaving the profession. It requests the Government to provide information on any developments in the situation.
Point V of the report form. The Committee notes with interest the information concerning the practical application of the Convention and the number of nursing personnel in relation to the population, as well as the negligible number of persons leaving the profession. It requests the Government to provide information on any developments in the situation.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:
Article 1, paragraph 3, of the Convention. The Committee noted that no information has been provided on nursing personnel who gives nursing care and services on a voluntary basis. The Committee therefore requests the Government to indicate whether such personnel exists in Kenya and, if so, whether special rules have been adopted concerning this personnel which, according to the Convention, should not derogate from the provisions of Article 2, paragraph 2(a) and Articles 3, 4 and 7 of the Convention. It also asks the Government to supply copies of the existing texts in this respect.
Article 2, paragraph 2(a), and Article 3. Please provide copies of the provisions that are currently in force concerning the training of the various categories of nursing personnel; and the basic requirements as regards the education and training of nursing personnel. Please supply information on the coordination of the education and training of nursing personnel with the education and training provided for other workers in the field of health.
Article 2, paragraph 2(b). Please provide particulars on the measures taken with regard to employment and working conditions of nursing personnel, including career prospects and remuneration which are likely to attract persons to the profession and retain them in it.
Article 5, paragraph 2. Please indicate whether the conditions of employment and work of nursing personnel in the private sector are also determined by negotiation and, if so, supply copies of collective agreements that determine these conditions.
Article 5, paragraph 3. The Committee noted that the National Nurses Association of Kenya and the Kenya Nurses Association participate in the settlement of disputes concerning personnel in the public sector. The Committee requests the Government to indicate the procedure used for the settlement of collective disputes for nursing personnel in the private sector.
Article 6(a), (d), (e) and (g). The Committee requests the Government to supply copies of provisions which apply to nursing personnel as regards hours of work, educational leave, maternity leave and social security.
Article 7. The Committee noted the information supplied by the Government on this point of the Convention. Please indicate whether any special measures have been taken or are envisaged to improve laws and regulations on occupational health and safety by adapting them to the special nature of nursing work, inter alia, to protect nursing personnel against occupational exposure to the AIDS virus.
Point V of the report form. Please provide information on the practical application of the Convention and indicate the number of nursing personnel in the public and private sectors in relation to the population. Please provide information on the number of persons leaving the profession.
The Committee notes the first report of the Government. It requests the Government to provide additional information on the following points:
Article 1, paragraph 3, of the Convention. The Committee notes that no information has been provided on nursing personnel who gives nursing care and services on a voluntary basis. The Committee therefore requests the Government to indicate whether such personnel exists in Kenya and, if so, whether special rules have been adopted concerning this personnel which, according to the Convention, should not derogate from the provisions of Article 2, paragraph 2(a) and Articles 3, 4 and 7 of the Convention. It also asks the Government to supply copies of the existing texts in this respect.
Article 5, paragraph 3. The Committee notes that the National Nurses Association of Kenya and the Kenya Nurses Association participate in the settlement of disputes concerning personnel in the public sector. The Committee requests the Government to indicate the procedure used for the settlement of collective disputes for nursing personnel in the private sector.
Article 7. The Committee notes the information supplied by the Government on this point of the Convention. Please indicate whether any special measures have been taken or are envisaged to improve laws and regulations on occupational health and safety by adapting them to the special nature of nursing work, inter alia, to protect nursing personnel against occupational exposure to the AIDS virus.