Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. Referring to its previous comments, the Committee has noted with interest the detailed information supplied by the Government in its report and the documentation attached to this report. The Committee has examined the various legal texts on public servants and other employees of the public sector and has noted that, according to the indications of the Government, this legislation also applies to military nursing personnel, and that therefore all the nursing personnel are covered by the national regulations as stipulated in Article 1, paragraph 2, of the Convention. The Committee has also taken note of the information on Article 5, paragraph 3 concerning procedures for the settlement of disputes.

2. With regard to the other points in its comments, the Committee would like to draw attention to the following:

Article 2, paragraph 2. (a) The Government indicates that the Parliamentary Bill which was intended to revise the Act of 1953 on the practice of the nursing profession has been withdrawn, but that a new Bill (Senate Bill No. 102) containing codification and revision of the entire body of former legislation in this matter is under discussion in the National Congress. The Committee hopes that this Bill, which is designed primarily to improve the training of nursing personnel within the framework of a general programme for the health services, will be adopted in the near future, and that the Government will indicate all progress made in this respect.

(b) The Committee also notes with interest the Senate Bill No. 536 communicated by the Government which aims at adopting a "Magna Carta" for workers in the health services and in hospitals in general, and which contains provision for working conditions, including wages, which will be advantageous to the workers. The Committee would be grateful if the Government would keep it informed of developments regarding this Bill. The Committee also notes the measures adopted to create new jobs for nursing personnel and to raise their wage rates. It also notes with interest the increased numbers in the nursing profession. It would be grateful if the Government would continue to communicate such information, as well as information on all other measures taken to attract persons to this profession and to retain them in it.

Article 5, paragraph 1. The Committee has examined the text of Executive Order No. 895 of 1983 (communicated by the Government), which provides for the creation in public and state-controlled enterprises, including hospitals, of joint committees composed of personnel and management representatives, and it has noted that the principle task of these committees will be to deal with grievances arising from certain working conditions such as work distribution, transfers to another post, productivity, etc. The Committee would be grateful if the Government would indicate whether the committees created by virtue of this Decree in the public hospitals also participate in the planning of nursing services, and whether nursing personnel are consulted through these joint committees on decisions concerning them, in conformity with the above provision of the Convention.

Article 5, paragraph 2. The Committee notes with interest the various legal provisions introduced by the Government to encourage collective bargaining in the public sector, in particular Executive Order No. 180 of 1987 and the Public Service Commission's resolution of 24 May 1989. The Committee notes, however, that according to a leaflet entitled "Primer on Public Sector Unionism" published by the Ministry of Labour and Employment, certain questions relating to working conditions (such as, for example, wage increases, improvements in medical and dental care, retirement benefits increases, etc.) cannot be the subject of collective bargaining. The Committee hopes that the Government will be able to take the necessary measures to ensure that the above questions may also be decided by means of collective bargaining.

Point V of the report form. The Committee has noted the statistical data provided with the report and would be grateful if the Government would continue to communicate such data, including information on the application of the Convention in practice and on any difficulties encountered.