Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Nursing Personnel Convention, 1977 (No. 149) - Poland (Ratification: 1980)

The Committee notes the information supplied by the Government in its report. It regrets to note, however, that the report does not answer the questions raised in its previous comments. The Committee must therefore raise the same points in its new comments.

Article 2, paragraphs 1 and 2(a) of the Convention. The Committee notes that there was a first reading on 7 April 1994 of bills concerning the nursing and midwifery professions and that the Bills were referred to subcommissions. According to the Government, the adoption of this legislation will be of fundamental importance for issues connected to the exercise of the profession of nurse, including the related rights and duties, particularly as pre-war regulations are still in force. The Government adds that the European Agreement concerning the training and education of nurses was signed on 6 February 1995 with reservation of ratification. One of the results of the implementation of this Agreement is that, by the end of 1995, a three-year nursing training programme will be established in post-secondary medical schools.

The Committee asked the Government to provide copies of the above-mentioned Bills as soon as they have been adopted and to indicate whether the ratification procedure for the European Agreement on the training and education of nurses has been completed.

Article 2, paragraph 2(b) (in conjunction with point V of the report form). The Committee notes the Order of the Minister of Health and Social Welfare of 14 January 1995 amending the Order respecting pay principles for employees in public health service establishments, issued under the Act of 23 December 1994. The Committee also notes that the Government has not sent information on the number of persons leaving the profession, or on the number of persons employed in the private sector. It hopes that the Government will shortly provide relevant data in this connection. The Committee also notes that, in the course of monitoring observance of the provisions of the Convention, the State Labour Inspectorate reported: (i) non-observance of the working hours of nursing staff (failure to respect the limits on overtime work; failure to grant an extra day off during the week in compensation for work on Sundays and public holidays); and (ii) non-remuneration of overtime due to the fact that hours worked are not counted in reckoning monthly pay.

The Committee asks the Government to indicate the measures taken or envisaged to remedy this situation.

Article 2, paragraph 3. The Committee notes that the Government's report does not reply to the following questions raised in the previous comments: (i) the extent to which the employers' and workers' organizations concerned have been associated with the development of the new concept for programmes of courses, specialization and the tasks of the nursing personnel concerned; and (ii) the provision of full information concerning the consultations which have been held or are held in the future with the above organizations with a view to the formulation of a policy for nursing services and nursing personnel.

The Committee hopes that the Government will shortly be in a position to provide the relevant information.

Article 4. The Committee notes the Order of the Minister of Health and Social Welfare of 7 July 1995 amending the requirements concerning employees holding particular work posts in public health care institutions. It asks the Government to continue to provide information, in accordance with the provisions with this Article of the Convention.

Article 7. The Committee notes the Order of the Minister of Health and Social Welfare of 29 March 1994 concerning principles for the allocation to employees of individual means of protection and working clothes. The Committee also notes that, in the course of monitoring observance of the provisions of the Convention, the State Labour Inspectorate noted that the working conditions of nursing personnel in terms of occupational safety and health do not always meet legal requirements. The Committee asks the Government to indicate the measures taken or envisaged to ensure observance of the legislative provisions governing the occupational safety and health of nursing personnel.

Furthermore, with reference to its 1990 general observation, which it reiterated in 1994, the Committee again requests the Government to indicate the measures that have been taken or are envisaged, in consultation with the employers' and workers' organizations concerned, to take into account the particular risk to nursing personnel of accidental exposure to the human immunodeficiency virus (HIV), such as conditions of work, confidentiality of test results, recognition that the cause of infection is occupational, etc.