Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information contained in the Government’s report.

1.  Further to its previous comments concerning circular No. 20 of 4 May 1994, changing the methods for taking into account seniority and also service on humanitarian missions abroad, the Committee notes the information provided by the Government that the above circular does not apply to the private sector. It also notes, from the information contained in the Government’s report, that nursing personnel in that sector do not enjoy the status of employees of the public hospital service and that they are recruited under contracts of employment the conditions of which are determined in collective agreements negotiated by employers and representatives of employees. The Committee therefore requests the Government to provide copies of the above collective agreements.

2.  The Committee notes the information provided by the Government concerning work schedules. It requests the Government to continue providing information on the application of adjusted working hours to all hospital centres and, in particular, on the debate on the organization and arrangement of working time in the context of the 35-hour week.

3.  In its previous comments, the Committee noted that under section R.714-26-1 of the Public Health Code, members of the nursing care service committee are appointed by drawing lots among volunteers who must let the director of the establishment know that they are willing to stand. The Committee notes the information provided by the Government to the effect that the nursing care service committee was established to strengthen the participation and dialogue with nursing personnel in public health establishments. The Committee also notes the information provided by the Government on the method of appointing the members of the above committee by drawing lots. Furthermore, it notes that a protocol agreement was signed on 14 March 2000 between the Government and the representative organizations of nursing personnel. This agreement envisages the modification of this method of appointment and is due to be discussed with trade union organizations.

The Committee notes once again that Article 5, paragraph 1, of the Convention does not specify the role to be played by the representatives of nursing personnel in implementing the measures that must be taken, in accordance with methods appropriate to national conditions, to encourage consultation of such personnel in decisions concerning them. The above Article does not therefore a fortiori contain any provision respecting the methods of appointing representatives of the personnel. Nevertheless, the Committee recalls that Paragraphs 19(2) and 20 of the Nursing Personnel Recommendation, 1977, (No. 157), refer explicitly to the representatives of the personnel within the meaning of Article 3 of the Workers’ Representatives Convention, 1971 (No. 135), which sets out specific procedures for the appointment of these representatives, who must be designated or elected by trade unions or by members of such unions or freely elected by the workers in the enterprise.

The Committee requests the Government to provide information on the discussions concerning the modification of the method of appointing members of the nursing care service committee which are to be held with trade union organizations under the terms of the protocol agreement signed by the Government and the representative organizations of nursing personnel. It also requests the Government to provide information on the participation of representative organizations in nursing care service committees.

The Committee is also addressing a request directly to the Government on certain matters.