Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Nursing Personnel Convention, 1977 (No. 149) - Ecuador (Ratification: 1978)

Articles 2, 4, 5 and 6 of the Convention. Employment and working conditions for nursing personnel. Consultations. Regulation of hours of work. Since 2012, the Committee has been referring to the comments of the Ecuadorian Medical Federation (FME) according to which the provisions of the Basic Public Service Act (LOSEP) of 2010, particularly section 47(k) governing compulsory redundancies with termination payments, and Executive Decree No. 813 of 2011 setting out the procedure for such redundancies, were contrary to the Convention since they were adopted without social dialogue, provided no opportunity for workers to intervene whether administratively or judicially, and permitted arbitrary dismissals of medical personnel. The FME also alleged that in 2011 some 5,000 workers in the public administration, including medical personnel, were dismissed under section 47(k) of the LOSEP. The Federation further alleged that the above-mentioned laws had increased working time to eight hours per day, which violated constitutionally protected rights of workers engaged in dangerous and unhealthy occupations. The FME stated that a Constitutional Court ruling was pending on the alleged unconstitutionality of section 8 of Executive Decree No. 813 amending the LOSEP regulations and that the Government was considering labour law reforms. The Committee asked the Government to keep it informed of developments regarding labour law reforms relating to the application of the Convention. The Committee notes the Government’s general reference in its report to the fact that the Ministry of Public Health, under sections 4 and 196 of the Basic Health Act (LOS), is the authority responsible for analysing various aspects of staff training in the health sector, taking account of national and local needs, with a view to promoting reforms in training and capacity-building plans and programmes for the various health personnel training institutions. The Government also refers to the conclusion of an inter-institutional cooperation agreement between the Ministry of Public Health, the General Council of Official Nursing Associations in Madrid (Spain) and the Ecuadorian Nursing Federation aimed at developing management training based on good official nursing practices in Spain for nurses working in establishments of the Ministry of Public Health in Ecuador. Lastly, the Government indicates that no rulings have been issued relating to the content of the present Convention during the period covered by the report. Recalling the existence of a Constitutional Court ruling on the alleged unconstitutionality of section 8 of Executive Decree No. 813 which was pending at the time of the Government’s last report in 2014, the Committee requests the Government to provide information on the follow-up to the case and its resolution. The Committee also requests the Government to send detailed, up-to-date information on the legislation in force relating to the application of the Convention, and also on any envisaged reforms, including with regard to the prerequisites for employment in the nursing profession.

Article 7. Occupational safety and health. In its 2009 comments, the Committee noted the Government’s indication that no measures had been taken to adapt occupational safety and health laws and regulations to the specific nature of nursing work. The Committee has therefore been asking the Government to keep the Office informed of any measures taken or contemplated to improve the protection of nursing personnel against infectious diseases, including HIV and AIDS. However, the Committee observes that the Government has not supplied any information on this matter. The Committee therefore once again requests the Government to provide detailed information on any measures taken or contemplated to improve the protection of nursing personnel against infectious diseases, including HIV and AIDS.

Application in practice. The Committee requests the Government to provide detailed, up-to-date information on the application of the Convention in practice, including statistics on the number of nursing personnel – disaggregated by sex, sector of activity and level of training and functions – and also statistics on the ratio of nursing personnel to population, the number of persons entering and leaving the profession each year, the measures taken to encourage individuals to work in the nursing profession, and copies of official reports or studies on nursing services. The Committee also requests the Government to provide information on any practical difficulties encountered in the application of the Convention, such as the shortage or migration of nursing personnel.