Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 149) sur le personnel infirmier, 1977 - Grèce (Ratification: 1987)

Autre commentaire sur C149

Observation

2020

Demande directe

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Article 2 of the Convention. Formulation and implementation of a nursing services and personnel policy. The Committee notes the Government’s report received on 21 November 2019, as well as the detailed information supplied in the Government’s 2018 report and annexes. The Committee recalls that, in its previous report, the Government had indicated that a national health strategy was being developed and that a bill concerning a reform to primary health care had been submitted to the Parliament. The Government reports on a series of labour law provisions adopted since 2013, indicating that these provisions apply to workers in dependent employment relationships in the private sector, including to nursing personnel. The Committee notes that amendments were introduced to Law No. 1579/1985 that define nursing specialties in Pathology, Surgery, Pediatrics and Mental Health. In addition, Ministerial Decision No. A4/203/1988 established the requirements for obtaining a special nursing certificate. The Committee further notes that, pursuant to Law No. 2519/1997, graduates of the Technological Educational Institutes (TEI) Departments of Health Visitors can obtain a nursing specialty in mental health. The National Council for the Professional Development of Nursing defined other nursing specialities through the promulgation of section 45 of Law No. 4486/2017. The Government reports that, according to data compiled by the Nursing Directorate, as of November 2018, 1,550 nurses had acquired a specialty in pathology, 1,953 nurses in surgery, 920 nurses in pediatrics and 945 nurses and health visitors in mental health. In response to the Committee’s previous request for information on “exclusive” nurses, the Government provides data from the different regions in the country regarding the employment of this category of nurses. In respect of the education and training policy for nursing personnel, the Government indicates that substitute teachers in the relevant specialties are recruited through a call for candidates issued by Ministerial Decision, whereas school nurses are recruited by the Regional Directorates of Education. The Committee notes that, in the field of higher education, during the reference period, two Higher Educational Institutes (AEI) and seven TEI provided first cycle programmes of studies in nursing. The Committee notes the data provided on the number of registered nursing students for the 2017–18 academic year, as well as statistics on the number of nursing students enrolled from for the academic years from 2013 to 2018. The Committee requests the Government to provide information on developments in relation to the adoption of a national health strategy as well as reforms to primary healthcare. It further requests the Government to provide information on any legislative amendments introduced relating to the operation of public and private health services and, if applicable, to supply copies of any relevant legislative texts. The government is also requested to provide information concerning the current composition of nursing staff, disaggregated by sex and age, including the number of graduates from the technological educational institutes who enter the nursing profession each year, the number of nursing personnel, broken down by those working at public and private healthcare establishments and “exclusive” nurses, the qualification or licences held by each of these categories, the number of persons treated, as well as the number of those who leave the profession each year. It also requests the Government to provide information concerning measures taken in order to prevent or address the shortage of qualified nurses, indicating the measures taken in relation to education and training as well as in relation to employment and working conditions, including career prospects and remuneration, with the aim of attracting men and women to the profession and retaining them in it.

Article 5(2) and (3). Determination of conditions of employment and work. The Government indicates that there is no collective agreement in force covering the country’s nursing personnel. It nevertheless refers to the 19 September 2014 Collective Labour Agreement “on the regulation of the conditions of remuneration and employment of workers, members of primary associations of the Federation of Greek Healthcare Institution Unions (OSNIE) employed at private clinics that are members of the Association of Greek Clinics (SEK) across the country”. The Government adds that legal disputes arising between nursing employees and their employers can be submitted to conciliation, mediation or arbitration procedures. The Committee notes that, each year, the competent department of the Ministry of Labour registers a relatively small number of cases of dispute resolution involving parties from trade union organizations of workers covering hospital staff and employer-operators of health service providers. The Committee also takes note of a series of arbitration awards referred to by the Government. The Committee requests the Government to provide information on the progress and results of collective negotiations to determine employment and working conditions of nursing personnel.

Article 6(g). Social security. The Government indicates that the nursing personnel in the public and private sectors enjoy insurance coverage against risks of old age, disability, death, illness, maternity and unemployment. In response to the Committee’s previous request regarding the List of Arduous and Unhealthy Occupations set out in Law No. 3863/2010, the Government reports that a new List was finalized after consultation with the social partners through the Social Security Council. In this regard, the conclusions of the Standing Committee on Arduous and Unhealthy Occupations, in which representatives of the social partners, experts from the Ministry of Labour and Social Security, former IKA ETAM (current EFKA) and representatives of scientific institutions participated. The Government indicates that the new List attempted to rationalize and modernize the old one, taking into account the technological developments and their consequences in today’s labour data. It also indicates that, under Law No. 3863/2010, employees excluded from the prior List continued to be covered under the pension scheme until the end of 2015, with a view to ensuring their protection. In particular, the Committee notes that the new List stipulates, inter alia, that, male and female nurses working under fixed-term or indefinite contracts in nursing institutions, clinics, microbiological and biochemical laboratories and health insurance institutions are covered under the Regulation on Arduous and Unhealthy Occupations, with the exception of those employed in health centers within the framework of rationalization and modernization of the Regulation on Arduous and Unhealthy Occupations. The Committee requests the Government to supply a copy of the Regulation on Arduous and Unhealthy Occupations. In addition, it reiterates its request that the Government provide information on whether and to what extent this exclusion impacts on social security protection for nursing personnel.

Article 7. Occupational safety and health. In response to the Committee’s previous comments, the Government indicates that the National Strategy for Health and Safety at Work (2016–20) was adopted following consultations with the social partners in the Health and Safety at Work Council of the Supreme Labour Council. The Committee requests the Government to provide a copy of the National Strategy in force. It also reiterates its request that the Government provide information on progress made and results achieved with respect to occupational safety and health for nursing personnel, including in relation to the prevention and treatment of HIV and AIDS.