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

Nursing Personnel Convention, 1977 (No. 149) - Slovenia (Ratification: 2003)

Articles 2 and 3 of the Convention. National policy concerning nursing services and nursing personnel – Nursing education and training. The Committee notes the Government’s information concerning the 2008–13 National Health Care Plan, entitled “Satisfied Users and Providers of Health Care Services”, which includes a framework for long-term planning of education and training in the health sector, as well as its indication that an evaluation report is under preparation. The Committee further notes the Government’s reference to the National Strategy on Quality and Safety in Health Care (2010–15) which aims to, among others, implement education and training in quality and safety. The Committee further understands that a national programme entitled “Health Care System Upgrade by 2020” was established in February 2011 which includes among its priorities investing in human resources and training of healthcare professionals. Finally, the Committee notes the Government’s indications that planned short-cycle higher education programmes have not yet been implemented and that preparations for a higher education study programme for senior staff nurses are in process. The Committee requests the Government to provide up to date information on the implementation of these programmes, including any developments concerning the short-cycle higher education programmes, higher education study programmes for senior nurses or other long-term education initiatives, as well as any other programmes which may impact the employment conditions of nursing personnel.

Article 6. Employment conditions of nursing personnel. Hours of work – Annual holidays with pay. The Committee recalls its previous comment which had asked for explanations concerning possible discrepancies between the national provisions for nursing personnel and those for all other workers. The Committee notes, in this respect, the Government’s explanation that section 52b of the Health Service Act, which permits overtime work for healthcare professionals to exceed the eight-hour weekly limit in cases of written consent, is limited by section 52c, which entitles health care professionals to daily rest of at least 12 uninterrupted hours and to weekly rest of at least 24 uninterrupted hours. Nevertheless, the Committee notes that section 52c – which permits working time of over 16 hours to be authorized by the written consent of the health care professionals – contains no absolute limit, in contrast to the overtime provision for all other workers under the Employment Relations Act (ZDR-1) (Official Gazette No. 21/2012), which is limited under section 144(4) to a maximum of 230 overtime hours per year. While recalling that this Article of the Convention aims to ensure that nursing personnel – as any other worker – is entitled to sufficient rest and leisure in order to avoid fatigue, the Committee requests the Government to consider modifying the provisions of the Health Services Act in order to provide a maximum limit of the overtime work for nursing personnel. The Committee also notes the Government’s explanations that section 159 of the Employment Relations Act now provides for a minimum of four weeks of annual leave per calendar year for all workers, including health care staff, but that the collective agreement has not yet been amended to reflect this increase. The Committee accordingly requests the Government to provide a copy of the collective agreement once it has been amended to provide for the increased annual leave for nursing personnel.