Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Nursing Personnel Convention, 1977 (No. 149) - New Caledonia

Article 2(1) and (2) of the Convention. National policy on nursing services and nursing personnel. The Committee takes note of Deliberation No. 104 of 15 December 2010, on the exercise and professional rules of nursing personnel. The Government indicates that the Deliberation is being amended and a new text will be adopted in the near future that specifies the role of nursing personnel. The Committee requests the Government to supply a copy of the new legislation on nursing personnel as soon as it has been adopted.

Article 5(3). Procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment. Noting that the information provided by the Government concerns the private sector, the Committee again requests it to provide information on the procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment of nursing personnel in the public sector.

Article 6(a) and (b). Conditions at least equivalent to those of other workers. Hours of work and weekly rest. The Committee notes that in reply to its comments, the Government reiterates that there are no specific provisions concerning hours of work of nursing personnel in the public sector. The Committee recalls that, under Article 1(1) and (2) of the Convention, nursing personnel includes all categories of persons providing nursing care and nursing services and the Convention applies to all nursing personnel, wherever they work. Therefore, nursing personnel in the public sector should enjoy conditions at least equivalent to those of other workers, including with regard to hours of work, compensation of overtime, inconvenient hours, shift work and weekly rest. The Committee therefore requests the Government to indicate how the requirements of Article 6(a) and (b) of the Convention are complied with in relation to nursing personnel in the public sector. The Committee takes note of the provisions on working time of the collective agreement regulating private hospital establishments (sections 24–30). It requests the Government to provide examples of working-time schedules applicable in private hospitals.