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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(1) and (2) of the Convention. National policy on nursing services and nursing personnel. The Committee notes that, in reply to its previous comments, the Government indicates that Deliberation No. 313 of 30 August 2013, amending Deliberation No. 104 of 15 December 2010, on the exercise and professional rules of nursing personnel in New Caledonia was adopted on 30 August 2013. The Government indicates that the amendments relate mainly to increased flexibility in the conditions governing the practice of private duty nursing, the establishment of nurses’ right to refuse to provide treatment for professional or personal reasons and the conditions for its implementation, and an increase in the period during which an unavailable private duty nurse may be replaced from 180 to 220 days. The Committee once again requests the Government to supply a copy of Deliberation No. 313 of 30 August 2013 amending Deliberation No. 104 of 15 December 2010 on the exercise and professional rules of nursing personnel, and its consolidated version of 25 September 2013.

Article 5(3). Procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment. The Committee notes the information provided by the Government, which fully meets its request.

Article 6(a) and (b). Conditions at least equivalent to those of other workers. Hours of work and weekly rest. In its reply to the Committee’s previous request, the Government indicates that there are no legislative provisions in place concerning hours of work of nursing personnel in the public sector but that work is under way to that end. The Committee requests the Government to provide information on all legislative developments concerning the application of Article 6(a) and (b) of the Convention on nursing personnel in the public sector and to provide the text of the new legislation once it has been adopted. In addition, the Committee requests the Government to provide the text of the regulations relating to the exercise of trade union rights in the public sector and those concerning its implementation. Further, the Committee once again requests the Government to provide examples of working-time schedules applicable in private hospitals.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) and (2) of the Convention. National policy on nursing services and nursing personnel. The Committee notes the Government’s indication that a reform of conditions of work in the nursing profession is currently in progress. It requests the Government to keep the Office informed of all progress made in this sphere and to supply copies of any new legislation once it has been adopted.

Article 5(1). Participation of nursing personnel in the planning of nursing services and consultation of nursing personnel on decisions concerning them. The Committee notes the Government’s indication that no measures have been taken to strengthen the participation of nursing personnel in the planning of nursing services and the consultation of nursing personnel on decisions concerning them. It recalls that, since the constitutional amendment of 2003, it is up to local authorities to organize, where appropriate, active consultations with occupational organizations regarding public health issues. Recalling that Article 5 of the Convention requires the adoption of measures to promote the participation of nursing personnel in the planning of nursing services and consultation with such personnel on decisions concerning them, the Committee again requests the Government to indicate the measures which it expects to take to give effect to the provisions of the Convention on this point.

Article 5(2). Determination of conditions of employment and work through collective negotiation. Further to its previous comment concerning the measures taken to harmonize the situation of the public and private nursing sectors, the Committee notes the Government’s indication that a draft Decision relating to the exercise and professional regulation of the nursing profession is being drawn up and that it provides for the establishment of a nursing association grouping together all accredited nursing personnel in New Caledonia, and also an association council composed of elected members representing nursing personnel in the public and private sectors and in independent practice. The Committee requests the Government to keep the Office informed of any developments in this sphere and to supply a copy of the Decision once it has been adopted. The Committee also requests the Government to supply information on the collective agreements in force in the sector and on any changes to the methods for determining conditions of employment and work for nursing personnel.

Article 5(3). Procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment. The Committee again requests the Government to supply information on procedures for the settlement of disputes arising in connection with the determination of terms and conditions of employment, especially 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 the Government’s indication that there are no specific provisions concerning hours of work of nursing personnel in the public sector but that no complaints have been recorded in this sphere. Recalling that Article 6 of the Convention prescribes that nursing personnel shall 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 again requests the Government to supply detailed information on all aspects of working time arrangements for nursing personnel in view of the special nature of the profession. In this regard, the Committee draws the Government’s attention to Paragraphs 30–43 of the Nursing Personnel Recommendation, 1977 (No. 157), which provide useful information in this area.

Article 7. Occupational safety and health. Further to its previous comments, the Committee notes that the Social and Health-Care Agency of New Caledonia has adopted a multi-sectoral plan for 2008–13 (PMT 5), one of the priorities of which is the training of health-care professionals and the civil population on various subjects connected with HIV/AIDS and sexually transmissible infections (STIs), in accordance with the Joint ILO–WHO Guidelines on Health Services and HIV/AIDS, published in 2005, which aim to assist health services in reinforcing their capacity to provide their workers with a healthy and decent working environment, this being the most effective means for reducing HIV transmission and improving the provision of care to patients. The Committee also wishes to refer in this regard to the HIV and AIDS Recommendation, 2010 (No. 200), adopted by the International Labour Conference in June 2010, and in particular Paragraphs 31 and 37 thereof, which provide for the adoption of occupational safety and health measures, particularly in occupations most at risk including in the health sector, and also for the implementation of national HIV/AIDS policies and programmes through sectoral strategies, with particular attention paid to the sectors in which workers are most at risk. The Committee therefore requests the Government to supply detailed information on the impact of PMT 5 on the conditions of work of nursing personnel and to keep the Office informed of any new measures adopted or contemplated with a view to improving the protection of nursing personnel against infectious diseases, including HIV/AIDS.

Part V of the report form. Application in practice. The Committee requests the Government to continue to supply general information on the manner in which the Convention is applied in practice, including, for example, statistics on the numbers of nursing personnel – if possible, by levels of training and functions, sex and age – the nurse-to-population ratio, the number of persons joining and leaving the profession each year, copies of official reports or studies relating to nursing services, and information on any practical difficulties encountered in the implementation of the Convention, such as understaffing, migration of nursing personnel, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s last report is essentially a repetition of information already submitted in earlier reports and does not reply to the points raised in previous comments. The Committee wishes to emphasize that in the interest of maintaining a meaningful dialogue with the ILO supervisory bodies, the Government should make every effort to collect and communicate in a timely manner all relevant information regarding the application of the Convention. The Committee accordingly reiterates its previous direct request concerning the following points.

Article 2, paragraphs 1 and 2, of the Convention. The Committee requests the Government to present a general overview of its policy concerning nursing services and nursing personnel, within the broader framework of health-care planning, and to outline the programmes and strategies designed to provide the quantity and quality of nursing care necessary for attaining the highest possible level of health for the population in the territory.

Article 5, paragraph 1. The Committee requests the Government to indicate the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them. It notes that since the constitutional amendment of March 2003, the autonomy of New Caledonia has been further reinforced and that, in this context, it is the responsibility of the local authorities to organize, where appropriate, active consultation with the occupational organizations on public health issues. The Committee therefore asks the Government to supply all relevant information in this regard.

Article 5, paragraph 2. Recalling its previous comments, the Committee requests the Government to keep it informed of the outcome of any negotiations held in metropolitan France, or in New Caledonia, on the reform of the status of the public service and their impact on nursing personnel. In addition, the Committee asks the Government to provide information on the measures taken with a view to harmonizing the situation between the public and private nursing sectors.

Article 5, paragraph 3. The Committee recalls that it asked the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment. It hopes that the Government will not fail to transmit this information with its next report.

Article 6(a) and (b). The Committee once again requests the Government to provide specific information on the provisions applicable to public sector nursing personnel relating to hours of work, including compensation for overtime, inconvenient or restrictive hours, shift work and weekly rest.

Article 7. Further to its previous comments, the Committee requests the Government to indicate any recent measures, legislative, administrative or others, taken in respect of the particular risk of accidental exposure to HIV among nursing personnel. In this connection, the Committee wishes to draw the Government’s attention to the adoption in April 2005 of the Joint ILO/WHO Guidelines on Health Services and HIV/AIDS, which aim at promoting sound management of HIV/AIDS in health services providing, among other things, for wide-ranging approaches to protection, training, screening, treatment, confidentiality, prevention, the minimizing of occupational risk and the care and support of health-care workers. The Committee trusts that the Government will give due consideration to these guidelines with a view to improving existing laws and regulations on occupational health and safety for nursing personnel.

Part V of the report form. The Committee would be grateful if the Government would continue providing up-to-date information on the practical application of the Convention, including for instance statistics on the overall number of nursing staff, the nurse-to-population ratio, the geographical distribution of health-care facilities, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in regard to the main characteristics of the nursing population. It notes, however, that the Government provides no information on the nursing personnel and services policy which, as part of general health planning, is intended to provide nursing care of the quantity and quality necessary to ensure the highest possible level of health for the population in the territory in accordance with Article 2, paragraphs 1 and 2, of the Convention.

Article 5, paragraph 1. The Committee notes the absence of information on the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them. It notes that since June 1999 the autonomy of New Caledonia has been reinforced and that, in this context, it is the responsibility of the local authorities to organize, where appropriate, active consultation with the occupational organizations on the health problems not yet settled. The Committee therefore hopes that the Government will communicate information on the relevant measures taken.

Article 5, paragraph 2. Recalling its previous comments, the Committee hopes that the Government will supply information on the outcome of any negotiations held in Metropolitan France, or in New Caledonia, on the reform of the status of the public service and their impact on nursing personnel. In addition, the Committee requests the Government to provide information on the measures taken with a view to harmonizing the situation between the public and private nursing sectors.

Article 5, paragraph 3. The Committee recalls that it asked the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment. The Committee hopes that the Government will not fail to transmit this information with its next report.

Article 6(a) and (b). The Committee notes that the Government has not supplied in its report information on the provisions applicable to public sector nursing personnel relating to hours of work, including compensation for overtime, inconvenient or restrictive hours, shift work and weekly rest. It hopes that the Government will do its utmost to supply this information in the near future.

Article 7. The Committee notes the Government’s reply that, since June 1999, because of the status of New Caledonia as an overseas territory, the legislation enacted under the authority of the French Ministries of Labour and Health is not applicable. It also notes the information to the effect that there are no specific provisions to take into account the particular risk of accidental exposure to the human immunodeficiency virus (HIV) among nursing personnel. It hopes that, as indicated in the report, the texts on the procedure for recognition of occupational diseases will be updated and that the Government will indicate the measures taken or envisaged, in consultation with the employers’ and workers’ organizations concerned, to take into account particular risks for nursing personnel of the hazard mentioned: for example, adjustment of working conditions, confidentiality of test results, etc. (General Observation, 1994).

Part V of the report form. The Committee notes the statistics on the number of nursing personnel supplied by the Government in its report. It hopes that the Government will continue to provide information on the application of the Convention in practice and on any difficulties encountered in its implementation.

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

The Committee notes the information supplied by the Government in regard to the main characteristics of the nursing population. It notes, however, that the Government provides no information on the nursing personnel and services policy which, as part of general health planning, is intended to provide nursing care of the quantity and quality necessary to ensure the highest possible level of health for the population in the territory in accordance with Article 2, paragraphs 1 and 2, of the Convention.

Article 5, paragraph 1. The Committee notes the absence of information on the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them. It notes that since June 1999 the autonomy of New Caledonia has been reinforced and that, in this context, it is the responsibility of the local authorities to organize, where appropriate, active consultation with the occupational organizations on the health problems not yet settled. The Committee therefore hopes that the Government will communicate information on the relevant measures taken.

Article 5, paragraph 2. Recalling its previous comments, the Committee hopes that the Government will supply information on the outcome of any negotiations held in Metropolitan France, or in New Caledonia, on the reform of the status of the public service and their impact on nursing personnel. In addition, the Committee requests the Government to provide information on the measures taken with a view to harmonizing the situation between the public and private nursing sectors.

Article 5, paragraph 3. The Committee recalls that it asked the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment. The Committee hopes that the Government will not fail to transmit this information with its next report.

Article 6(a) and (b). The Committee notes that the Government has not supplied in its report information on the provisions applicable to public sector nursing personnel relating to hours of work, including compensation for overtime, inconvenient or restrictive hours, shift work and weekly rest. It hopes that the Government will do its utmost to supply this information in the near future.

Article 7. The Committee notes the Government's reply that, since June 1999, because of the status of New Caledonia as an overseas territory, the legislation enacted under the authority of the French Ministries of Labour and Health is not applicable. It also notes the information to the effect that there are no specific provisions to take into account the particular risk of accidental exposure to the human immunodeficiency virus (HIV) among nursing personnel. It hopes that, as indicated in the report, the texts on the procedure for recognition of occupational diseases will be updated and that the Government will indicate the measures taken or envisaged, in consultation with the employers' and workers' organizations concerned, to take into account particular risks for nursing personnel of the hazard mentioned: for example, adjustment of working conditions, confidentiality of test results, etc. (General Observation, 1994).

Part V of the report form. The Committee notes the statistics on the number of nursing personnel supplied by the Government in its report. It hopes that the Government will continue to provide information on the application of the Convention in practice and on any difficulties encountered in its implementation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information contained in the Government's report. It notes that apart from comments on the application of Article 5, paragraphs 2 and 3, of the Convention, the Government provides no additional information in reply to the Committee's comments, the substance of which is therefore repeated, together with new comments.

Article 2, paragraphs 1 and 2. The Committee notes from the information supplied on the application of the Convention in metropolitan France, that health policy is the responsibility of the Ministry of Solidarity, Health and Social Welfare and that measures taken after consultation with the occupational organizations and unions of nurses concerned, particularly those taken by the Higher Council of Paramedical Professions, are implemented by the State and its external services, the local communities and other public and private bodies. The Committee also notes that coordination of the nursing personnel and services policy in the territory is, under the terms of Order No. 84-049CG of 7 February 1984, the responsibility of the Territorial Directorate for Health and Social Affairs of New Caledonia and its dependencies. The Committee again asks the Government to provide detailed information on the nursing personnel and services policy which, as part of general health planning, is intended to provide nursing care of the quantity and quality necessary to ensure the highest possible level of health for the population in the territory. Please also supply statistics of the number of persons entering the profession annually, the number of nursing personnel by sector (public, private, self-employed) and their proportion in relation to other workers in the health sector, and the number of persons who have left the profession.

Article 5, paragraph 1. The Committee again asks the Government to indicate the measures taken to strengthen the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them, in accordance with this provision of the Convention.

Article 5, paragraph 2. The Committee notes from the report that nursing personnel working in the public sector are governed by texts which are not subject to supervision by the labour inspectorate. It again asks the Government, as manager of this sector, to provide information on the outcome of the negotiations under way in metropolitan France on the reform of the terms and conditions of service of the public service and their impact on nursing personnel in this sector in New Caledonia.

Article 5, paragraph 3. The Committee notes with interest that the Occupational Agreement of 23 November 1989 extended by Order No. 825-T of 15 February 1990, provides in article 9 for a joint negotiating committee to be responsible for the settlement of any collective disputes arising between the employer and employees of an establishment coming under this agreement. With regard to the public sector, it again asks the Government to supply information on the procedures for settling disputes arising out of the determination of terms and conditions of employment as they are applied to nursing personnel.

Article 6(a) and (b). The Committee notes with interest that the above-mentioned Occupational Agreement of 23 November 1989 contains, in Chapters VI and VII, articles 24 to 33, provisions covering private sector nursing personnel, relating to: (a) hours of work, including the compensation of overtime, inconvenient hours and shift work; and (b) weekly rest. It again asks the Government to state the provisions covering public sector nursing personnel in these areas.

Article 7. The Committee again asks the Government to provide information on the measures taken to improve existing legal provisions on occupational health and safety by adapting them to the special nature of nursing work and the environment in which it is carried out. In addition, the Committee notes Circular DSS/AT No. 93-32 of 23 March 1993 specifying the means for implementing the regulations - Decree No. 93-74 of 18 January 1993 and the Order of 18 January 1993 - establishing a new procedure for coverage, under employment injury legislation, of workers infected with the human immunodeficiency virus (HIV). It asks the Government to state to what extent the Circular and regulations mentioned above are applied in New Caledonia. Furthermore, with reference to its general observation of 1990, which it repeated in 1994, the Committee asks the Government to indicate the measures taken or envisaged, in consultation with the employers' and workers' organizations concerned, to take account of the particular risk of accidental exposure to the HIV virus among nursing personnel: for example, adjustment of working conditions, confidentiality of test results, acknowledgement that the cause of the infection is occupational, etc. Please also state how these measures are extended to New Caledonia.

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

The Committee notes the information supplied by the Government in its first and second reports. It wishes to be provided with additional information on the following points:

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes, from the information supplied on the application of the Convention in Metropolitan France, that health policy is the responsibility of the Ministry of Solidarity, Health and Social Welfare and that measures taken after consultation with the occupational organisations and unions of nurses, and particularly those taken by the Higher Council of Paramedical Professions, are implemented by the State and its external services, the local communities and by other public and private bodies. The Committee also notes that the nursing personnel and services policy in the territory is, under the terms of Order No. 84-049CG of 7 February 1984, the responsibility of the Territorial Directorate for Health and Social Affairs of New Caledonia and its dependencies. The Committee requests the Government to supply detailed information on the policy as regards nursing personnel and services which, within the framework of general health planning, is intended to provide nursing care of the quantity and quality that is necessary to ensure the highest possible level of health for the population in the territory. Please also supply statistics of the number of persons entering the profession annually, the number of nursing personnel by sector (public, private, self-employed) and their proportion in relation to other workers in the health sector, and the number of persons who have left the profession.

Article 5, paragraph 1. The Committee requests the Government to indicate the measures that have been taken to promote the participation of nursing personnel, particularly in the private sector, in the planning of nursing services and consultation with such personnel on decisions concerning them, in accordance with the above provision of the Convention.

Article 5, paragraph 2. The Committee requests the Government to provide information on the outcome of the current negotiations in Metropolitan France concerning the reform of the terms and conditions of service of the public service and their impact on nursing personnel in this sector in New Caledonia. As regards the private sector, please indicate the measures that have been taken in practice to give effect to Chapter IV of Ordinance No. 85-1181 of 13 November 1985 as regards nursing personnel and supply the text of the collective agreement that is being formulated for them, to which the Government refers in its report.

Article 5, paragraph 3. The Committee notes that, by virtue of section 80 of Ordinance No. 85-1181, collective labour disputes in the private sector may be submitted to a conciliation procedure under the conditions established by the Congress of the territory. It requests the Government to indicate how this provision is applied in practice and to supply some examples as regards nursing personnel. It would also be grateful if the Government would supply information on the procedures for the settlement of disputes arising out of the determination of terms and conditions of employment as they are applied to nursing personnel in the public sector.

Article 6(a) and (b). Please specify the conditions enjoyed by nursing personnel in the territorial health system and the provisions applicable as regards: (a) hours of work, including the compensation of overtime, inconvenient hours and shift work; and (b) weekly rest, in accordance with the above provisions of the Convention.

Article 7. The Committee requests the Government to supply information on the measures that have been taken to improve the existing legal provisions on occupational health and safety by adapting them to the special nature of nursing work and the environment in which it is carried out.