Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its first and second reports. It wishes to be provided with additional information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes, from the information supplied on the application of the Convention in Metropolitan France, that health policy is the responsibility of the Ministry of Solidarity, Health and Social Welfare and that measures taken after consultation with the occupational organisations and unions of nurses, and particularly those taken by the Higher Council of Paramedical Professions, are implemented by the State and its external services, the local communities and by other public and private bodies. The Committee also notes that the nursing personnel and services policy in the territory is, under the terms of Order No. 84-049CG of 7 February 1984, the responsibility of the Territorial Directorate for Health and Social Affairs of New Caledonia and its dependencies. The Committee requests the Government to supply detailed information on the policy as regards nursing personnel and services which, within the framework of general health planning, is intended to provide nursing care of the quantity and quality that is necessary to ensure the highest possible level of health for the population in the territory. Please also supply statistics of the number of persons entering the profession annually, the number of nursing personnel by sector (public, private, self-employed) and their proportion in relation to other workers in the health sector, and the number of persons who have left the profession.

Article 5, paragraph 1. The Committee requests the Government to indicate the measures that have been taken to promote the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them, in accordance with the above provision of the Convention.

Article 5, paragraph 2. The Committee requests the Government to provide information on the outcome of the current negotiations in Metropolitan France concerning the reform of the terms and conditions of service of the public service and their impact on nursing personnel in this sector in New Caledonia. As regards the private sector, please indicate the measures that have been taken in practice to give effect to Chapter IV of Ordinance No. 85-1181 of 13 November 1985 as regards nursing personnel and supply the text of the collective agreement that is being formulated for them, to which the Government refers in its report.

Article 5, paragraph 3. The Committee notes that, by virtue of section 80 of Ordinance No. 85-1181, collective labour disputes in the private sector may be submitted to a conciliation procedure under the conditions established by the Congress of the territory. It requests the Government to indicate how this provision is applied in practice and to supply some examples as regards nursing personnel. It would also be grateful if the Government would supply information on the procedures for the settlement of disputes arising out of the determination of terms and conditions of employment as they are applied to nursing personnel in the public sector.

Article 6(a) and (b). Please specify the conditions enjoyed by nursing personnel in the territorial health system and the provisions applicable as regards: (a) hours of work, including the compensation of overtime, inconvenient hours and shift work; and (b) weekly rest, in accordance with the above provisions of the Convention.

Article 7. The Committee requests the Government to supply information on the measures that have been taken to improve the existing legal provisions on occupational health and safety by adapting them to the special nature of nursing work and the environment in which it is carried out.