Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes that the Government's report contains no reply to previous comments. It must therefore return to its previous observation in relation to the following points:

1. The Committee notes with interest circular No. 20 of 4 May 1994 which changes the methods for taking account of former service and also allows service on humanitarian missions abroad to be taken into account. It asks the Government to indicate whether the principles laid down in this circular also apply to the private sector.

2. The Committee notes the information provided by the Government on the adjustment of working hours. The Committee asks the Government to continue to provide information on the application of the adjusted working hours to all hospital centres.

3. The Committee notes that under section R.714-26-1 of the Public Health Code, members of the nursing care service committee are appointed by drawing lots among volunteers who must let the director of the establishment know that they are willing to stand.

The Committee notes that Article 5, paragraph 1, of the Convention does not specify the role to be played by the representatives of nursing personnel in implementing the measures that must be taken, in accordance with methods appropriate to national conditions, to encourage consultation of such personnel in decisions concerning them. Even less does it specify how staff representatives should be appointed. The Committee nonetheless recalls the indications in Paragraphs 19(2) and 20 of the Nursing Personnel Recommendation (No. 157), which refer expressly to representatives of personnel within the meaning of Article 3 of the Workers' Representatives Convention, 1971 (No. 135), which sets out specific procedures for the appointment of representatives.

The Committee asks the Government to indicate why the drawing of lots was adopted as the procedure for appointing members of nursing care service committees, and to provide information on the participation of representative organizations in nursing care service committees.

The Committee is also addressing a direct request to the Government concerning certain other points.