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

The Committee notes the brief information provided by the Government in its reports.

Article 1, paragraph 2, of the Convention.  In its previous comments, the Committee noted the Government’s statement that the conditions of work of nursing personnel in private hospitals are regulated by collective labour agreements entered into between individual hospitals and the recognized unions. It also noted that a committee had been set up to monitor all private hospitals. The Committee once again requests the Government to provide copies of collective agreements covering nursing personnel in private hospitals. It also once again requests the Government to provide information on the results of the work of the committee set up to monitor private hospitals.

Article 1, paragraph 3.  The Committee notes the information supplied by the Government that the national legislation does not provide specific rules for voluntary nursing personnel and that, for the time being, no measure is envisaged to remedy the situation. The Committee once again recalls that, according to a previous report, such personnel are not covered by the Nursing Code of Conduct. The Committee therefore hopes that the Government will soon provide information concerning the measures which have been taken or are envisaged to give effect to the Convention on this matter.

Article 2, paragraph 2(b) (in conjunction with Article 5, paragraphs 2 and 3, and Article 6(a)-(g).  The Committee notes the Government’s indication in its report that collective agreements and the law determine the working conditions of nursing personnel. However, the Committee once again notes with regret that copies of the collective agreements applicable to nursing personnel in the public and private sectors, as regards conditions of employment and work and the settlement of collective disputes, have not been received by the Office. It hopes that the Government will shortly provide the relevant documents and that it will indicate at the same time whether other measures have been taken to attract and retain nursing personnel in the profession.

Article 7.  The Committee notes the information provided by the Government to the effect that the Occupational Health and Safety Act does not contain any provision respecting the human immunodeficiency virus (HIV), but that it requires employers to provide a safe working environment. The Committee notes that, according to the Government, general measures are taken in relation to the HIV risk. However, the Committee once again reminds the Government of the indication in its general observation of 1990 on the application of this Convention that nursing personnel work in an environment in which, by reason of the work, there is a high risk of accidental infection with HIV and that, consequently, particular attention should be paid to the working conditions and health protection of such personnel.

The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to improve the existing legislative provisions on occupational health and safety so as to take account of the particular risk of accidental exposure to HIV among nursing personnel, and to adapt these provisions to the particular characteristics of the work and environment of nursing personnel.

The Committee hopes that the Government will take all the necessary measures to respond appropriately to the various matters raised by the Committee.