Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Nursing Personnel Convention, 1977 (No. 149) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes the observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 26 September 2018. The Committee also notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 29 August 2018. The Committee requests the Government to provide its comments in this respect.

Articles 2(2)(b) and 5(2) of the Convention. Determination of conditions of employment by negotiation between the employers’ and workers’ organizations concerned. In response to the Committee’s previous comments, the Government indicates that the following are applicable to nursing personnel: the Basic Labour Act on men and women workers (LOTTT); the Third Collective Agreement of 2002 between the Ministry of Health and Social Development and its autonomous institutes and the Federation of Nurses of Venezuela; the Collective Labour Agreements agreed in the Labour Standards Meetings held from the 2013 and 2015 Labour Policy Meetings; and the 2018 Health Sector Agreement. The Committee notes that the Government has provided a copy of the Third Collective Agreement of 2002 between the Ministry of Health and Social Development and its autonomous institutes and the Federation of Nurses of Venezuela and the 2018 Health Sector Agreement, which regulate conditions such as hours of work, weekly rest and paid annual holidays, and the payment of special bonuses and compensation, respectively. However, the Committee notes that the workers’ organizations UNETE, CTV, CGT and CODESA assert that, following the approval of the Executive Resolution implementing the single wage scale for all public administration workers from September 2018, more than 90 per cent of the collective agreements concluded in the health sector have fallen into abeyance, as these include more advantageous wage scales. They also indicate that the enforcement of the single wage scale eliminates the payment of bonuses and other labour benefits set out in the collective agreements. The Committee also notes the CTASI’s indication that the number of nursing staff emigrating to other countries in search of better working conditions has increased. The Committee requests the Government to indicate the measures adopted or envisaged to provide nursing personnel with employment and working conditions, including career prospects and remuneration, which are likely to attract persons to the profession and retain them in it (Article 2(2)(b)). It also requests the Government to indicate the measures taken or envisaged with a view to holding negotiations with workers’ and employers’ organizations to determine the conditions of work and employment of nursing personnel (Article 5).

Articles 2 and 7. Employment and occupational safety and health of nursing personnel. In its previous comments, the Committee requested the Government to provide its response to the observations of the CTV, in which the CTV indicated that the working conditions of nursing personnel have deteriorated along with the whole infrastructure of the public health system in the country, in particular in large urban hospitals, including in maternity units and children’s hospitals. The CTV also indicated that murders, harassment and dismissals on the grounds of protests had occurred among nursing personnel and in the emergency services, which are regularly victims of crime and violence. In this regard, the Committee notes the Government’s indication in its report that article 68 of the Constitution of the Bolivarian Republic of Venezuela and section 487 of the LOTTT recognize the right of men and women workers to demonstrate, in accordance with the law, which has been respected by the competent authorities. The Government adds that, despite the fact that discussions are ongoing regarding an agreement to improve the living conditions of workers in the health sector, a group of nursing professionals, including the Executive Board of the Nursing College of the Capital District, failed to comply with the agreements established in round tables in which legitimately representative trade unions and the competent authorities had participated. The Government adds that, through the Neighbourhood Mission (Barrio Adentro), progress has been made regarding the establishment of a comprehensive and efficient Public National Health System. The Government reports that 24 hospitals were built and 200 operating theatres were renovated between 2000 and 2014. However, the Committee notes the CTASI’s allegations in its observations regarding a lack of medical supplies in the country’s health centres, precarious working conditions in hospitals (where there is allegedly a shortage of water and food), threats to nursing personnel and a lack of fair wages. Furthermore, the CTASI affirms that, as a result of the above-mentioned precarious conditions, on 25 June 2018, there was a work stoppage by nursing personnel in the public sector. Lastly, the Committee notes that, in its concluding observations of 7 July 2015, the Committee on Economic, Social and Cultural Rights (CESCR) noted with concern “the reports regarding the critical situation of the healthcare system …, due to the severe shortage and irregular supply of medicines and surgical and medical equipment. It is further concerned at the poor state of repair of some hospitals and the reported lack of medical personnel” (E/C.12/VEN/CO/3, paragraph 27). The Committee therefore requests the Government to adopt the necessary measures, in consultation with the social partners, with a view to developing and implementing a policy concerning nursing services and nursing personnel designed, within the framework of a general health programme and within the resources available for healthcare as a whole, to provide the quantity and quality of nursing care necessary for attaining the highest possible level of health for the population (Article 2). Furthermore, observing that the Government has not responded to the comments of the CTV regarding the alleged cases of murder, harassment and dismissals as a result of protests by nursing personnel and the emergency services, the Committee reiterates its request to the Government to send its comments in this respect (Article 7).

Article 4. Legislation on the requirements for the practice of nursing. In its previous comments, the Committee requested the Government to indicate whether the implementing regulations of the Act concerning the provision of professional nursing care (Official Gazette No. 38263 of 1 September 2005) and the regulations relating to the minimum remuneration received by nursing personnel in the private sector had been adopted. In this regard, the Government indicates that the fixing of minimum wages for nursing personnel is currently being discussed by the Federation of Professional Nursing Colleges of the Bolivarian Republic of Venezuela and the body responsible for health with a view to updating and adapting wages to the current situation in the country. However, the Committee observes that the Government has not indicated in its report whether the implementing regulations of the Act concerning the provision of professional nursing care have been adopted. The Committee requests the Government to provide information on the outcome of the negotiations held with a view to fixing the minimum wages of nursing personnel. Furthermore, the Committee once again requests the Government to indicate whether the implementing regulations of the Act concerning the provision of professional nursing care have been adopted and, if so, to provide a copy.

Part V of the report form. Application in practice. The Committee requests the Government to provide detailed and updated information on how the Convention is applied in practice, including statistical information on the numbers of nursing personnel, disaggregated by sex, area of activity, training level and function , the ratio of nursing personnel to population, the number of persons who enrol in nursing schools and leave the profession each year, copies of official reports or studies on nursing services and information on any practical difficulties experienced in the application of the Convention, such as the lack or migration of nursing personnel.