Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s last report. In particular, it notes with interest the adoption, among other legislation, of Legislative Decree No. 411/99 of 15 October 1999, amending the conditions of service of nursing careers; Legislative Decree No. 412/98 of 30 December 1998 restructuring nursing careers; and Legislative Decree No. 353/99 of 3 September 1999 issuing general rules for the teaching of nursing care in the context of higher public education.

The Committee notes in particular the information concerning Articles 4, 5 and 6 of the Convention. The Committee also notes with interest the establishment of the Order of Nurses and the approval of its statute by Legislative Decree No. 104/98 of 21 April 1998. The purpose of this professional public association is to defend the quality of nursing care provided to the population and to develop, regulate and control the exercise of the nursing profession.

Article 2, paragraphs 1 to 3. The Committee recalls that in its previous comment it noted the observations made by the General Confederation of Portuguese Workers (CGTP) indicating that there were still some 9,000 vacancies in the health care sector and that nursing personnel were still to a large extent, employed under contracts. In this respect, the Committee notes that the Government refers to Legislative Decrees Nos. 81 A/96 of 21 June 1996 and 256/98 of 14 August 1998, which are of a general nature but which are applicable to nursing personnel. These texts seek to regularize the situation of workers who over the years have been engaged in an irregular manner in the public service, under precarious or inadequate terms, to meet the permanent needs of these services. It also notes Legislative Decree No. 411/99 of 15 October 1999 authorizing nursing personnel covered by a nominal administrative contract to apply for general internal competitions, on condition that they have completed at least one year of uninterrupted service discharging functions related to the permanent needs of the services. Finally, it notes that, with a view to rationalizing resources and promoting a more balanced distribution of personnel throughout the country, the posts to be filled (quotas) between 1996 and 1999 have been put up for competition, either at the national level or at the level of the specific institutions. While noting this information with interest, the Committee requests the Government to continue providing information on the measures which have or are currently being adopted to stabilize the employment situation of contractual personnel. Furthermore, the Committee notes the Government’s indications concerning the steps taken in relation to higher training schools with a view to raising the number of inscriptions. These resulted in an increase of around 40 per cent in the number of students registered. It also notes that the teaching of nursing care has undergone considerable change intended to improve the training of professional nurses by giving them an opportunity to acquire new skills adapted to the health needs of the community.

Article 2, paragraph 4. The Committee recalls that it requested the Government to provide information on the working in practice of the regional health administrations which had been established as coordination bodies. As it has not received precise information from the Government on this subject, the Committee hopes that the Government will provide any relevant information with its next report on the coordination envisaged by this provision of the Convention. Furthermore, the Committee notes the strategy adopted by the Government to associate nursing personnel with the Health Commitments for 2002 (Compromisso da Saúde para 2002). The Committee requests the Government to continue providing information on the consultations envisaged by this provision of the Convention.

Article 5. The Committee notes the Government’s indications on the measures adopted to adjust the wages of nursing personnel. The Committee requests the Government to continue providing information on the determination of conditions of work of nursing personnel and their participation in this process.

Article 7. The Committee notes the information provided by the Government in reply to its general observation of 1994. It notes in particular that nursing personnel infected by the human immunodeficiency virus (HIV/AIDS) benefit from the same rights, in terms of sick leave, as other workers in the same situation. The corresponding provisions are contained in Legislative Decree No. 874/76 of 28 December 1976, as amended by Legislative Decree No. 397/91 of 16 October 1991, in the case of nursing personnel in the private sector, and in Legislative Decree No. 100/99 of 31 March 1999, for nursing personnel in the public sector. The Committee also notes that, while acquired immune deficiency syndrome is not listed as an occupational disease, it can be treated as such when it is proved that it is indeed a necessary and direct consequence of the work performed. However, the Committee notes that these rules apply solely to nursing personnel covered by individual employment contracts, but that the Government has already received the authorization of the Assembly of the Republic, under the terms of Act No. 105/99 of 26 July 1999, to adapt these rules to the public sector. The Committee requests the Government to inform the ILO of any progress achieved in this respect. Finally, the Committee notes that, in the case of workers infected by HIV/AIDS, including nursing personnel, a specific social protection system has been established, giving entitlement to an invalidity pension under more favourable conditions than those of the general social security scheme, in accordance with Legislative Decree No. 216/98 of 16 July 1998. These specific conditions include a reduction in the qualifying period, a more favourable method of calculating the reference wage and the improvement of annual contributions to the pension fund.