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Nursing Personnel Convention, 1977 (No. 149) - Guatemala (RATIFICATION: 1995)

The Committee notes with interest the information provided by the Government that a Bill respecting the exercise of the profession of nursing was transmitted to Congress for approval in 1997. The Committee trusts that the Government will provide with its next report the text of the above Act as approved.

Article 1, paragraph 3, of the Convention. The Committee notes that, according to the Government, as under the terms of the national Constitution all work has to be remunerated, there is no nursing personnel giving nursing care and services on a voluntary basis. Nevertheless, the Committee requests the Government to state whether in practice, as often happens, there are personnel who occasionally provide nursing services on a voluntary basis in dispensaries or health posts. If such is the case, it would be grateful if the Government provides information on the measures which have been adopted or are envisaged to protect such personnel.

Article 5, paragraph 2. The Committee notes the information provided by the Government in its report that the conditions of employment and work of nursing personnel employed in the private sector are not regulated. According to the Government's report, the employers impose their own conditions. The Committee also notes the information to the effect that the Government is not aware of the existence of collective agreements concerning nursing personnel employed in the private sector. The Committee recalls that, in accordance with this provision, their conditions of employment and work shall be determined preferably by negotiation between employers' and workers' organizations. The Committee requests the Government to provide information on the methods that exist in the country for the determination of the conditions of employment and work of nursing personnel employed in the private sector.

Article 5, paragraph 3. With reference to its previous comments, the Committee notes that the Government has not provided a detailed and precise answer concerning the procedures used for the settlement of disputes arising in connection with the determination of terms and conditions of employment of nursing personnel employed in the public sector. The Committee trusts that the Government will provide the information requested in its next report.

Article 6. The Committee notes that the Government's report does not indicate, as requested by the report form, the legislation, collective agreements or other methods under which the application of each of the conditions of work set out in points (a), (b), (c), (d), (e), (f) and (g) of this Article are applied. The Committee hopes that the Government will provide detailed information on this subject in its next report.

Article 7. The Committee trusts that, when the Bill to regulate the exercise of the nursing profession is adopted, the bodies to which reference is made in the Bill will endeavour to improve existing laws and regulations on occupational health and safety by adapting them to the special nature of nursing work and the environment in which it is carried out. With reference to its general observation of 1990, which was repeated in 1994, the Committee requests the Government to indicate the measures taken or contemplated, in consultation with the employers' and workers' organizations concerned, to take into account the particular risk of accidental exposure to HIV among nursing personnel. It also requests the Government to indicate the measures taken or contemplated with respect to nursing personnel who are infected or considered to be infected by HIV (for example, conditions of work, confidentiality of test results, recognition that the cause of infection was occupational, etc.).

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice.