Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information supplied by the Government in its report and the comments made by the French Confederation of Christian Workers (CFTC), the General Confederation of Labour "Force-Ouvrière" (CGT-FO) and the French Democratic Confederation of Labour - Health and Social Federation (CFDT).

1. The Committee notes from the Government's report that by virtue of Circular No. 8 of 1 February 1993 of the Hospital Directorate of the Ministry of Health, nursing personnel may be made available to participate in short-term humanitarian activities, with guarantees for the maintenance of their career and the payment of their remuneration by the hospital which employs them for periods not exceeding 15 days. The Committee notes that in its comments the CFDT states that the above Circular does not have the force of regulations and is not therefore enforceable in respect of the directors of hospitals and that its scope is limited to public hospitals, thereby excluding a number of services in which nursing personnel are employed, as well as private establishments. Furthermore, the CGT-FO states that the Ministry of Health refuses to take into account time spent performing humanitarian activities when calculating seniority.

The Committee requests the Government to supply a copy of Circular No. 8 of 1 February 1993 of the Hospital Directorate and to indicate the measures which are envisaged under Article 1, paragraph 3, of the Convention.

2. The Committee also notes the information supplied by the Government concerning the working hours of nursing personnel in the public sector (39 hours a week, reduced to 35 hours in the event of night work). In its comments, the CGT-FO states that, for lack of funds, the 35-hour week in the case of night work is only applied in two regional university hospital centres (CHRU) out of the 29 which exist.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure the application of established working hours to all hospital centres.

3. With regard to the consultation procedures in hospitals provided for by virtue of Hospital Act No. 91.748, the Committee notes the comment made by the CGT-FO that the composition of these bodies takes no account of trade union representation as it may be evaluated from elections to joint committees.

The Committee requests the Government to supply information on the composition of the committees established in hospital establishments under the Hospital Act No. 91.748.

[The Government is asked to report in detail for the period ending 30 June 1994.]