National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Visualizar en: Francés - EspañolVisualizar todo
The Committee notes with interest the information provided in the Government’s first detailed report. It asks the Government to supply additional information on the following points.
Article 2, paragraph 1, of the Convention. The Committee notes the Government’s reference to the National Programme of Healthcare - "Health for all by 2004". It asks the Government to provide a copy of this programme and also to elaborate on any follow-up activities, including major achievements so far in terms of improving the quantity and quality of nursing services offered to the population.
Article 2, paragraph 2(b). The Committee notes that the Government’s report does not indicate any particular incentive measures, such as career development plans or special remuneration packages, designed to attract persons to the nursing profession and retain them in it. It therefore requests the Government to provide additional information in this respect.
Article 2, paragraphs 3 and 4. The Committee notes that the Government does not specify in its report whether the National Programme of Healthcare was formulated with the participation of the employers’ and workers’ organizations concerned. While noting that under section 6 of the Health Care and Health Insurance Act, health-care plans are prepared with the participation of the Health Council, the Institute for Health Insurance, competent chambers, health associations and other institutions and organizations that perform health activities, the Committee would appreciate receiving additional information on the manner in which professional organizations of nurses may have contributed to the current policies on nursing services and nursing personnel.
Article 3, paragraph 2. The Committee would be grateful if the Government would provide further explanations as to whether and how the nursing education and training fits into a broader and coordinated plan for education and training in the health sector.
Article 6, paragraph (a). The Committee notes the Government’s reference to new sections 52a, 52b and 52c of the Health Services Act as providing for conditions related to working time and rest time of health workers and health associates. As the text of the corresponding amendments to the Health Services Act is not available, the Committee would appreciate receiving a copy of the Act incorporating the most recent amendments. The Committee also notes the Government’s indication that, under section 52b of the Health Services Act, the limitation of overtime to eight hours per week may be exceeded upon the health worker’s written consent. It asks the Government to provide additional explanations as to the exact conditions under which, and most importantly, the limits within which the health worker may perform overtime in this case.
Article 6, paragraph (c). The Committee notes that under section 159(1) of the Employment Act, the annual leave with pay in a calendar year may not be shorter than four weeks, regardless of whether the employee works full time or part-time. However, section 47 of the Collective Agreement for Nursing Personnel provides for an annual leave of 18 days for certain health workers and health associates. The Committee asks the Government to provide clarifications on this point.
In addition, the Committee notes that the Employment Act provides for additional benefits in respect of annual leave, such as, for instance, section 159(3) that requires longer annual leave for night workers. It asks the Government to specify whether such additional benefits apply also to health workers and health associates.
Article 7. The Committee asks the Government to indicate any concrete measures taken or envisaged to improve existing legislation on occupational safety and health by adapting it to the special characteristics and difficulties of the working environment in which the nursing profession is exercised.
Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including for instance statistics on the nurse-to-population ratio, the number of students attending nursing schools, the number of nurses leaving or joining the profession, information concerning reported problems of unemployment or shortage of nurses and midwives, copies of official reports or research studies examining the problems and prospects of the nursing profession, etc. The Committee also requests the Government to forward copies of the following documents which are not available in the Office: Rules on the professional training of health workers; Rules on the promotion of workers employed in healthcare; List of professions in health services.