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

Nursing Personnel Convention, 1977 (No. 149) - France (Ratification: 1984)

The Committee takes note of the Government's first report.

Article 2, paragraph 1, of the Convention. The Committee notes that the Ministry of Solidarity, Health and Social Welfare is responsible for the formulation of health policy and that the measures taken after consultation with the occupational organisations and nurses' unions concerned, particularly those taken within the Central Council for the Paramedical Professions, are implemented by the State and its external services, the local communities, and by numerous public and private bodies. The Committee requests the Government to provide information on the policy concerning nursing services and personnel designed, within the framework of the general health programme, to provide the quantity and quality of nursing care necessary for attaining the highest possible level of health for the population. It requests the Government, in particular, to provide statistics of the number of persons entering the profession annually, the number of nursing personnel by sector (public, private, self-employed), by category and grade, the proportion of nursing personnel in relation to other workers in the health sector, and the geographical distribution of nursing personnel. It also requests the Government to provide information on the conclusions of the general reflection engaged in with all health-care personnel, on the role and place of nursing personnel in the organisation of health care.

Article 2, paragraph 2. The Committee notes the provisions concerning employment conditions, working conditions, initial training and continuing training, and the promotion of nursing personnel set out in the Agreement of 21 October 1988. It asks the Government to indicate the measures taken or under consideration to give effect to these provisions: preparation of specific methodology to analyse job content; recording, examination and promotion of innovations in the organisation of work and the planning of nursing care; reflection on the place of nursing personnel in the hospital; redeployment of personnel in the Departments and Regions; modification of holiday system. It also requests the Government to provide a copy of the conditions of employment of nursing personnel and auxiliary nurses, which are to be submitted to the Central Council of Public Hospital Employees.

Article 5, paragraph 1. With reference to the above Agreement, the Committee asks the Government to indicate the measures taken to strengthen the role and duties of the health and safety committees, particularly with regard to the consultations that must be held prior to any decisions concerning changes in working conditions. It requests the Government to provide a copy of the directive provided for in the above-mentioned Agreement. The Committee also requests the Government to indicate the measures that apply in the private sector to give effect to this provision of the Convention.

Article 5, paragraph 2. The Committee requests the Government to supply information on the results of the negotiations prescribed in the amendment to the Agreement of 21 October, submitted to the Central Council of Public Hospital Employees. It also asks the Government to provide information on the discussions with the social partners concerned on contractual problems in the non-profit-making private sector, provided for in the above amendment.

Article 5, paragraph 3. The Committee notes that the Government's report refers to provisions concerning disciplinary procedures (dereliction of duty, breaches against law). It requests the Government to indicate the provisions governing the settlement of disputes arising in connection with the determination of terms and conditions of employment which apply to nursing personnel.

Article 6. The Committee requests the Government to provide a copy of Circular No. 4/DH/8D, of 5 March 1982, concerning weekly working hours and annual holidays in public hospital establishments; of Circular No. 221/DH/4, of 30 July 1975, concerning the undertaking by public hospital establishments and certain social care establishments, to pay their employees during leave of absence for workers' education; and of Circular No. 210/DH/8D/87, of 7 October 1987, laying down the conditions for the granting of maternity leave, or copies of any texts which may have been adopted to replace the above Circulars.

Article 7. With reference to the above draft Agreement, the Committee asks the Government to state the measures taken to strengthen the role and duties of the health and safety committees, particularly with regard to protection of the health and safety of employees in the workplace.

Point V of the report form. The Committee requests the Government to provide information on the practical application of the Convention called for under point V of the report form.