Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Nursing Personnel Convention, 1977 (No. 149) - New Caledonia

Other comments on C149

Direct Request

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Article 2(1) and (2) of the Convention. National policy on nursing services and nursing personnel. The Committee notes that, in reply to its previous comments, the Government indicates that Deliberation No. 313 of 30 August 2013, amending Deliberation No. 104 of 15 December 2010, on the exercise and professional rules of nursing personnel in New Caledonia was adopted on 30 August 2013. The Government indicates that the amendments relate mainly to increased flexibility in the conditions governing the practice of private duty nursing, the establishment of nurses’ right to refuse to provide treatment for professional or personal reasons and the conditions for its implementation, and an increase in the period during which an unavailable private duty nurse may be replaced from 180 to 220 days. The Committee once again requests the Government to supply a copy of Deliberation No. 313 of 30 August 2013 amending Deliberation No. 104 of 15 December 2010 on the exercise and professional rules of nursing personnel, and its consolidated version of 25 September 2013.

Article 5(3). Procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment. The Committee notes the information provided by the Government, which fully meets its request.

Article 6(a) and (b). Conditions at least equivalent to those of other workers. Hours of work and weekly rest. In its reply to the Committee’s previous request, the Government indicates that there are no legislative provisions in place concerning hours of work of nursing personnel in the public sector but that work is under way to that end. The Committee requests the Government to provide information on all legislative developments concerning the application of Article 6(a) and (b) of the Convention on nursing personnel in the public sector and to provide the text of the new legislation once it has been adopted. In addition, the Committee requests the Government to provide the text of the regulations relating to the exercise of trade union rights in the public sector and those concerning its implementation. Further, the Committee once again requests the Government to provide examples of working-time schedules applicable in private hospitals.