Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Nursing Personnel Convention, 1977 (No. 149) - Portugal (Ratification: 1985)

The Committee notes the information provided by the Government on Articles 3, 4 and 7 of the Convention. It asks the Government to provide further infomation on the following points:

Article 2, paragraphs 1 to 3. The Committee notes the adoption of Decree-Law No. 437/91 to regulate the career of all nursing personnel working in the service of the public administration, and the improvements to conditions of employment which were introduced since the Government's last report. In this respect, the Committee refers to the observation of the General Confederation of Portuguese Workers (CGTP), according to which some 9,000 vacancies continue to exist in the health-care sector and that nursing personnel are still to a large extent employed under contracts. The Committee also notes from the Government report that some 5,500 posts were unfrozen in 1992/93, to satisfy the high demand for health-care services. It requests the Government to continue to supply information on measures to stabilize the employment situation of personnel employed under contracts.

Article 2, paragraph 4. The Committee notes the planned installation of five regional health administrations which are to function as coordinating bodies for the regions concerned, and of health units in the form of health centres and individual hospitals. It requests the Government to supply information on the working in practice of these new bodies, especially with a view to coordination with policies relating to other aspects of health care and to other workers in the field of health, in consultation with the employers' and workers' organizations concerned.

Article 5. The Committee notes the information in the report concerning participation of nursing personnel in planning of nursing services and consultation with such personnel on decisions concerning them. In this respect, it also refers to the observation of the CGTP alleging that neither the employers in private institutions of social solidarity nor the Government were prepared to renegotiate a resolution from 1985, to guarantee to the nursing personnel a career and remuneration which were in conformity with the Convention. The Committee asks the Government to indicate what steps, if any, are taken or envisaged to amend the 1985 resolution.

Article 6. The Committee notes the collective agreements of 1986 and 1990, respecting conditions of work of nursing personnel in the private sector. It also notes that, as far as maternity leave, sick leave and social security of nursing personnel in the public sector are concerned, it is subject to the same provisions as all other personnel in the public sector. The Government is asked to indicate in detail the provisions that regulate these questions.