R157 Recommendation concerning Employment and Conditions of Work and Life of Nursing Personnel
Geneva, 21 giugno 1977
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-third Session on 1 June 1977, and
Recognising the vital role played by nursing personnel, together with other workers in the field of health, in the protection and improvement of the health and welfare of the population, and
Emphasising the need to expand health services through co-operation between governments and employers' and workers' organisations concerned in order to ensure the provision of nursing services appropriate to the needs of the community, and
Recognising that the public sector as an employer of nursing personnel should play a particularly active role in the improvement of conditions of employment and work of nursing personnel, and
Noting that the present situation of nursing personnel in many countries, in which there is a shortage of qualified persons and existing staff are not always utilised to best effect, is an obstacle to the development of effective health services, and
Recalling that nursing personnel are covered by many international labour Conventions and Recommendations laying down general standards concerning employment and conditions of work, such as instruments on discrimination, on freedom of association and the right to bargain collectively, on voluntary conciliation and arbitration, on hours of work, holidays with pay and paid educational leave, on social security and welfare facilities, and on maternity protection and the protection of workers' health, and
Considering that the special conditions in which nursing is carried out make it desirable to supplement the above-mentioned general standards by standards specific to nursing personnel, designed to enable them to enjoy a status corresponding to their role in the field of health and acceptable to them, and
Noting that the following standards have been framed in co-operation with the World Health Organisation and that there will be continuing co-operation with that Organisation in promoting and securing the application of these standards, and
Having decided upon the adoption of certain proposals with regard to employment and conditions of work and life of nursing personnel, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-first day of June of the year one thousand nine hundred and seventy-seven, the following Recommendation, which may be cited as the Nursing Personnel Recommendation, 1977:
I. Scope
1. For the purpose of this Recommendation, the term nursing personnel includes all categories of persons providing nursing care and nursing services.
2. This Recommendation applies to all nursing personnel, wherever they work.
3. The competent authority may, after consultation with the employers' and workers' organisations concerned, where such organisations exist, establish special rules concerning nursing personnel who give services on a voluntary basis; these rules should not derogate from the provisions of Parts II, III, IV and IX of this Recommendation.
II. Policy concerning Nursing Services and Nursing Personnel
4.
(1) Each Member should adopt and apply, in a manner appropriate to national conditions, a policy concerning nursing services and nursing personnel designed, within the framework of a general health programme and within the resources available for health care as a whole, to provide the quantity and quality of nursing care necessary for attaining the highest possible level of health for the population.
(2) The said policy should:
(a) be co-ordinated with policies relating to other aspects of health care and to other workers in the field of health, in consultation with representatives of the latter;
(b) include the adoption of laws or regulations concerning education and training for and the practice of the nursing profession and the adaptation of such laws or regulations to developments in the qualifications and responsibilities required of nursing personnel to meet all calls for nursing services;
(c) include measures:
(i) to facilitate the effective utilisation of nursing personnel in the country as a whole; and
(ii) to promote the fullest use of the qualifications of nursing personnel in the various establishments, areas and sectors employing them; and
(d) be formulated in consultation with the employers' and workers' organisations concerned.
5.
(1) Measures should be taken, in consultation with the employers' and workers' organisations concerned, to establish a rational nursing personnel structure by classifying nursing personnel in a limited number of categories determined by reference to education and training, level of functions and authorisation to practise.
(2) Such a structure may include the following categories, in accordance with national practice:
(a) professional nurses, having the education and training recognised as necessary for assuming highly complex and responsible functions, and authorised to perform them;
(b) auxiliary nurses, having at least the education and training recognised as necessary for assuming less complex functions, under the supervision of a professional nurse as appropriate, and authorised to perform them;
(c) nursing aides, having prior education and/or on-the-job training enabling them to perform specified tasks under the supervision of a professional or auxiliary nurse.
6.
(1) The functions of nursing personnel should be classified according to the level of judgement required, the authority to take decisions, the complexity of the relationship with other functions, the level of technical skill required, and the level of responsibility for the nursing services provided.
(2) The resulting classification should be used to ensure greater uniformity of employment structure in the various establishments, areas and sectors employing nursing personnel.
(3) Nursing personnel of a given category should not be used as substitutes for nursing personnel of a higher category except in case of special emergency, on a provisional basis, and on condition that they have adequate training or experience and are given appropriate compensation.
III. Education and Training
7.
(1) Measures should be taken to provide the necessary information and guidance on the nursing profession to persons wishing to take up nursing as a career.
(2) Where appropriate, basic nursing education should be conducted in educational institutions within the framework of the general education system of the country at a level similar to that of comparable professional groups.
(3) Laws or regulations should prescribe the basic requirements regarding nursing education and training and provide for the supervision of such education and training, or should empower the competent authority or competent professional bodies to do so.
(4) Nursing education and training should be organised by reference to recognised community needs, taking account of resources available in the country, and should be co-ordinated with the education and training of other workers in the field of health.
8.
(1) Nursing education and training should include both theory and practice in conformity with a programme officially recognised by the competent authorities.
(2) Practical training should be given in approved preventive, curative and rehabilitation services, under the supervision of qualified nurses.
9.
(1) The duration of basic nursing education and training should be related to the minimum educational requirements for entry to training and to the purposes of training.
(2) There should be two levels of approved basic education and training:
(a) an advanced level, designed to train professional nurses having sufficiently wide and thorough skills to enable them to provide the most complex nursing care and to organise and evaluate nursing care, in hospitals and other health-related community services; as far as possible, students accepted for education and training at this level should have the background of general education required for entry to university;
(b) a less advanced level, designed to train auxiliary nurses able to provide general nursing care which is less complex hut which requires technical skills and aptitude for personal relations; students accepted for education and training at this level should have attained as advanced a level as possible of secondary education.
10. There should be programmes of higher nursing education to prepare nursing personnel for the highest responsibilities in direct and supportive nursing care, in the administration of nursing services, in nursing education and in research and development in the field of nursing.
11. Nursing aides should be given theoretical and practical training appropriate to their functions.
12.
(1) Continuing education and training both at the workplace and outside should be an integral part of the programme referred to in Paragraph 8, subparagraph 1, of this Recommendation and be available to all so as to ensure the updating and upgrading of knowledge and skills and to enable nursing personnel to acquire and apply new ideas and techniques in the field of nursing and related sciences.
(2) Continuing nursing education and training should include provision for programmes which would promote and facilitate the advancement of nursing aides and auxiliary nurses.
(3) Such education and training should also include provision for programmes which would facilitate re-entry into nursing after a period of interruption.
IV. Practice of the Nursing Profession
13. The laws or regulations concerning the practice of the nursing profession should:
(a) specify the requirements for the practice of the nursing profession as professional nurse or as auxiliary nurse and, where the possession of certificates attesting the attainment of the required level of education and training does not automatically imply the right to practise the profession, empower a body including representatives of nursing personnel to grant licenses;
(b) limit the practice of the profession to duly authorised persons;
(c) be reviewed and updated, as necessary, in accordance with current advances and practices in the profession.
14. The standards concerning nursing practice should be co-ordinated with those concerning the practice of other health professions.
15.
(1) Nursing personnel should not be assigned to work which goes beyond their qualifications and competence.
(2) Where individuals are not qualified for work on which they are already employed, they should be trained as quickly as possible to obtain the necessary qualifications, and their preparation for these qualifications should be facilitated.
16. Consideration should be given to the measures which may be called for by the problem of civil liability of nursing personnel arising from the exercise of their functions.
17. Any disciplinary rules applicable to nursing personnel should be determined with the participation of representatives of nursing personnel and should guarantee such personnel a fair judgement and adequate appeal procedures, including the right to be represented by persons of their choice at all levels of the proceedings, in a manner appropriate to national conditions.
18. Nursing personnel should be able to claim exemption from performing specific duties, without being penalised, where performance would conflict with their religious, moral or ethical convictions and where they inform their superviser in good time of their objection so as to allow the necessary alternative arrangements to be made to ensure that essential nursing care of patients is not affected.
V. Participation
19.
(1) Measures should be taken to promote the participation of nursing personnel in the planning and in decisions concerning national health policy in general and concerning their profession in particular at all levels, in a manner appropriate to national conditions.
(2) In particular:
(a) qualified representatives of nursing personnel, or of organisations representing them, should be associated with the elaboration and application of policies and general principles regarding the nursing profession, including those regarding education and training and the practice of the profession;
(b) conditions of employment and work should be determined by negotiation between the employers' and workers' organisations concerned;
(c) the settlement of disputes arising in connection with the determination of terms and conditions of employment should be sought through negotiation between the parties or through independent and impartial machinery, such as mediation, conciliation and voluntary arbitration, with a view to making it unnecessary for the organisations representing nursing personnel to have recourse to such other steps as are normally open to organisations of other workers in defence of their legitimate interests;
(d) in the employing establishment, nursing personnel or their representatives in the meaning of Article 3 of the Workers' Representatives Convention, 1971, should be associated with decisions relating to their professional life, in a manner appropriate to the questions at issue.
20. Representatives of nursing personnel should be assured the protection provided for in the Workers' Representatives Convention and Recommendation, 1971.
VI. Career Development
21.
(1) Measures should be taken to offer nursing personnel reasonable career prospects by providing for a sufficiently varied and open range of possibilities of professional advancement, leadership positions in direct and supportive nursing care, the administration of nursing services, nursing education, and research and development in the field of nursing, and a grading and a remuneration structure recognising the acceptance of functions involving increased responsibility, and requiring greater technical skill and professional judgement.
(2) These measures should also give recognition to the importance of functions involving direct relations with patients and the public.
22. Measures should be taken to give nursing personnel advice and guidance on career prospects and, as appropriate, on re-entry into nursing after a period of interruption.
23. In determining the level at which nursing personnel re-entering the profession after an interruption of its practice should be employed, account should be taken of previous nursing experience and the duration of the interruption.
24.
(1) Nursing personnel wishing to participate in programmes of continuing education and training and capable of doing so should be given the necessary facilities.
(2) These facilities might consist in the grant of paid or unpaid educational leave, adaptation of hours of work, and payment of study or training costs; wherever possible, nursing personnel should be granted paid educational leave in accordance with the Paid Educational Leave Convention, 1974.
(3) Employers should provide staff and facilities for in-service training of nursing personnel, preferably at the workplace.
VII. Remuneration
25.
(1) The remuneration of nursing personnel should be fixed at levels which are commensurate with their socio-economic needs, qualifications, responsibilities, duties and experience, which take account of the constraints and hazards inherent in the profession, and which are likely to attract persons to the profession and retain them in it.
(2) Levels of remuneration should bear comparison with those of other professions requiring similar or equivalent qualifications and carrying similar or equivalent responsibilities.
(3) Levels of remuneration for nursing personnel having similar or equivalent duties and working in similar or equivalent conditions should be comparable, whatever the establishments, areas or sectors in which they work.
(4) Remuneration should be adjusted from time to time to take into account variations in the cost of living and rises in the national standard of living. (5) The remuneration of nursing personnel should preferably be fixed by collective agreement.
26. Scales of remuneration should take account of the classification of functions and responsibilities recommended in Paragraphs 5 and 6 and of the principles of career policy set out in Paragraph 21 of this Recommendation.
27. Nursing personnel who work in particularly arduous or unpleasant conditions should receive financial compensation for this.
28.
(1) Remuneration should be payable entirely in money.
(2) Deductions from wages should be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award.
(3) Nursing personnel should be free to decide whether or not to use the services provided by the employer.
29. Work clothing, medical kits, transport facilities and other supplies required by the employer or necessary for the performance of the work should be provided by the employer to nursing personnel and maintained free of charge.
VIII. Working Time and Rest Periods
30. For the purpose of this Recommendation:
(a) the term normal hours of work means the number of hours fixed in each country by or in pursuance of laws or regulations, collective agreements or arbitration awards;
(b) the term overtime means hours worked in excess of normal hours of work;
(c) the term on-call duty means periods of time during which nursing personnel are, at the workplace or elsewhere, at the disposal of the employer in order to respond to possible calls;
(d) the term inconvenient hours means hours worked on other than the normal working days and at other than the normal working time of the country.
31. The time during which personnel are at the disposal of the employer :such as the time needed to organise their work and the time needed to receive and to transmit instructions:should be counted as working time for nursing personnel, subject to possible special provisions concerning on-call duty.
32.
(1) The normal weekly hours of nursing personnel should not be higher than those set in the country concerned for workers in general.
(2) Where the normal working week of workers in general exceeds 40 hours, steps should be taken to bring it down, progressively, but as rapidly as possible, to that level for nursing personnel, without any reduction in salary, in accordance with Paragraph 9 of the Reduction of Hours of Work Recommendation, 1962.
33.
(1) Normal daily hours of work should be continuous and not exceed eight hours, except where arrangements are made by laws or regulations, collective agreements, works rules or arbitration awards for flexible hours or a compressed week; in any case, the normal working week should remain within the limits referred to in Paragraph 32, subparagraph (1), of this Recommendation.
(2) The working day, including overtime, should not exceed 12 hours.
(3) Temporary exceptions to the provisions of this Paragraph should be authorised only in case of special emergency.
34.
(1) There should be meal breaks of reasonable duration.
(2) There should be rest breaks of reasonable duration included in the normal hours of work.
35. Nursing personnel should have sufficient notice of working schedules to enable them to organise their personal and family life accordingly. Exceptions to these schedules should be authorised only in case of special emergency.
36.
(1) Where nursing personnel are entitled to less than 48 hours of continuous weekly rest, steps should be taken to bring their weekly rest to that level.
(2) The weekly rest of nursing personnel should in no case be less than 36 uninterrupted hours.
37.
(1) There should be as little recourse to overtime work, work at inconvenient hours and on-call duty as possible.
(2) Overtime and work on public holidays should be compensated in time off and/or remuneration at a higher rate than the normal salary rate.
(3) Work at inconvenient hours other than public holidays should be compensated by an addition to salary.
38.
(1) Shift work should be compensated by an increase in remuneration which should not be less than that applicable to shift work in other employment in the country.
(2) Nursing personnel assigned to shift work should have a period of continuous rest of at least 12 hours between shifts.
(3) A single shift of duty divided by a period of unremunerated time (split shift) should be avoided.
39.
(1) Nursing personnel should be entitled to, and required to take, a paid annual holiday of at least the same length as other workers in the country.
(2) Where the length of the paid annual holiday is less than four weeks for one year of service, steps should be taken to bring it progressively, but as rapidly as possible, to that level for nursing personnel.
40. Nursing personnel who work in particularly arduous or unpleasant conditions should benefit from a reduction of working hours and/or an increase in rest periods, without any decrease in total remuneration.
41.
(1) Nursing personnel absent from work by reason of illness or injury should be entitled, for a period and in a manner determined by laws or regulations or by collective agreements, to:
(a) maintenance of the employment relationship and of rights deriving therefrom;
(b) income security.
(2) The laws or regulations, or collective agreements, establishing sick leave entitlement should distinguish between:
(a) cases in which the illness or injury is service-incurred;
(b) cases in which the person concerned is not incapacitated for work but absence from work is necessary to protect the health of others;
(c) cases of illness or injury unrelated to work.
42.
(1) Nursing personnel, without distinction between married and unmarried persons, should be assured the benefits and protection provided for in the Maternity Protection Convention (Revised), 1952, and the Maternity Protection Recommendation, 1952.
(2) Maternity leave should not be considered to be sick leave.
(3) The measures provided for in the Employment (Women with Family Responsibilities) Recommendation, 1965, should be applied in respect of nursing personnel.
43. In accordance with Paragraph 19 of this Recommendation, decisions concerning the organisation of work, working time and rest periods should be taken in agreement or in consultation with freely chosen representatives of the nursing personnel or with organisations representing them. They should bear, in particular, on:
(a) the hours to be regarded as inconvenient hours;
(b) the conditions in which on-call duty will be counted as working time;
(c) the conditions in which the exceptions provided for in Paragraph 33, subparagraph (3), and in Paragraph 35 of this Recommendation will be authorised;
(d) the length of the breaks provided for in Paragraph 34 of this Recommendation and the manner in which they are to be taken;
(e) the form and amount of the compensation provided for in Paragraphs 37 and 38 of this Recommendation;
(f) working schedules;
(g) the conditions to be considered as particularly arduous or unpleasant for the purpose of Paragraphs 27 and 40 of this Recommendation.
IX. Occupational Health Protection
44. Each Member should endeavour to adapt laws and regulations on occupational health and safety to the special nature of nursing work and of the environment in which it is carried out, and to increase the protection afforded by them.
45.
(1) Nursing personnel should have access to occupational health services operating in accordance with the provisions of the Occupational Health Services Recommendation, 1959.
(2) Where occupational health services have not yet been set up for all undertakings, medical care establishments employing nursing personnel should be among the undertakings for which, in accordance with Paragraph 4 of that Recommendation, such services should be set up in the first instance.
46.
(1) Each Member and the employers' and workers' organisations concerned should pay particular attention to the provisions of the Protection of Workers' Health Recommendation, 1953, and endeavour to ensure its application to nursing personnel.
(2) All appropriate measures should be taken in accordance with Paragraphs 1 to 7 of that Recommendation to prevent, reduce or eliminate risks to the health or safety of nursing personnel.
47.
(1) Nursing personnel should undergo medical examinations on taking up and terminating an appointment, and at regular intervals during their service.
(2) Nursing personnel regularly assigned to work in circumstances such that a definite risk to their health or to that of others around them exists or may be suspected should undergo regular medical examinations at intervals appropriate to the risk involved.
(3) Objectivity and confidentiality should be assured in examinations provided for in this Paragraph; the examinations referred to should not be carried out by doctors with whom the persons examined have a close working relationship.
48.
(1) Studies should be undertaken:and kept up to date:to determine special risks to which nursing personnel may be exposed in the exercise of their profession so that these risks may be prevented and, as appropriate, compensated.
(2) For that purpose, cases of occupational accidents and cases of diseases recognised as occupational under laws or regulations concerning employment injury benefits, or liable to be occupational in origin, should be notified to the competent authority, in a manner to be prescribed by national laws or regulations, in accordance with Paragraphs 14 to 17 of the Protection of Workers' health Recommendation, 1953.
49.
(1) All possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimise it.
(2) Measures such as the provision and use of protective clothing, immunisation, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks.
(3) In addition, nursing personnel who are exposed to special risks should receive financial compensation.
50. Pregnant women and parents of young children whose normal assignment could be prejudicial to their health or that of their child should be transferred, without loss of entitlements, to work appropriate to their situation.
51. The collaboration of nursing personnel and of organisations representing them should be sought in ensuring the effective application of provisions concerning the protection of the health and safety of nursing personnel.
52. Appropriate measures should be taken for the supervision of the application of the laws and regulations and other provisions concerning the protection of the health and safety of nursing personnel.
X. Social Security
53.
(1) Nursing personnel should enjoy social security protection at least equivalent, as the case may be, to that of other persons employed in the public service or sector, employed in the private sector, or self-employed, in the country concerned; this protection should cover periods of probation and periods of training of persons regularly employed as nursing personnel.
(2) The social security protection of nursing personnel should take account of the particular nature of their activity.
54. As far as possible, appropriate arrangements should be made to ensure continuity in the acquisition of rights and the provision of benefits in case of change of employment and temporary cessation of employment.
55.
(1) Where the social security scheme gives protected persons the free choice of doctor and medical institution, nursing personnel should enjoy the same freedom of choice.
(2) The medical records of nursing personnel should be confidential.
56. National laws or regulations should make possible the compensation, as an occupational disease, of any illness contracted by nursing personnel as a result of their work.
XI. Special Employment Arrangements
57. With a view to making the most effective use of available nursing personnel and to preventing the withdrawal of qualified persons from the profession, measures should be taken to make possible temporary and part-time employment.
58. The conditions of employment of temporary and part-time nursing personnel should be equivalent to those of permanent and full-time staff respectively, their entitlements being, as appropriate, calculated on a pro rata basis.
XII. Nursing Students
59. Nursing students should enjoy the rights and freedoms of students in other disciplines, subject only to limitations which are essential for their education and training.
60.
(1) Practical work of nursing students should be organised and carried out by reference to their training needs; it should in no case be used as a means of meeting normal staffing requirements.
(2) During their practical work, nursing students should only be assigned tasks which correspond to their level of preparation.
(3) Throughout their education and training, nursing students should have the same health protection as nursing personnel.
(4) Nursing students should have appropriate legal protection.
61. During their education and training, nursing students should receive precise and detailed information on the employment, working conditions and career prospects of nursing personnel, and on the means available to them to further their economic, social and professional interests.
XIII. International Co-operation
62. In order to promote exchanges of personnel, ideas and knowledge, and thereby improve nursing care, Members should endeavour, in particular by multilateral or bilateral arrangements, to:
(a) harmonise education and training for the nursing profession without lowering standards;
(b) lay down the conditions of mutual recognition of qualifications acquired abroad;
(c) harmonise the requirements for authorisation to practice;
(d) organise nursing personnel exchange programmes.
63.
(1) Nursing personnel should be encouraged to use the possibilities of education and training available in their own country.
(2) Where necessary or desirable, they should have the possibility of education and training abroad, as far as possible by way of organised exchange programmes.
64.
(1) Nursing personnel undergoing education or training abroad should be able to obtain appropriate financial aid, on conditions to be determined by multilateral or bilateral agreements or national laws or regulations.
(2) Such aid may be made dependent on an undertaking to return to their country within a reasonable time and to work there for a specified minimum period in a job corresponding to the newly acquired qualifications, on terms at least equal to those applicable to other nationals.
65. Consideration should be given to the possibility of detaching personnel wishing to work or train abroad for a specified period, without break in the employment relationship.
66.
(1) Foreign nursing personnel should have qualifications recognised by the competent authority as appropriate for the posts to be filled and satisfy all other conditions for the practice of the profession in the country of employment; foreign personnel participating in organised exchange programmes may be exempted from the latter requirement.
(2) The employer should satisfy himself that foreign nursing personnel have adequate language ability for the posts to be filled.
(3) Foreign nursing personnel with equivalent qualifications should have conditions of employment which are as favourable as those of national personnel in posts involving the same duties and responsibilities.
67.
(1) Recruitment of foreign nursing personnel for employment should be authorised only:
(a) if there is a lack of qualified personnel for the posts to be filled in the country of employment;
(b) if there is no shortage of nursing personnel with the qualifications sought in the country of origin.
(2) Recruitment of foreign nursing personnel should be undertaken in conformity with the relevant provisions of the Migration for Employment Convention and Recommendation (Revised), 1949.
68. Nursing personnel employed or in training abroad should be given all necessary facilities when they wish to be repatriated.
69. As regards social security, Members should, in accordance with national practice:
(a) assume to foreign nursing personnel training or working in the country equality of treatment with national personnel;
(b) participate in bilateral or multilateral arrangements designed to ensure the maintenance of the acquired rights or rights in course of acquisition of migrant nursing personnel, as well as the provision of benefits abroad.
XIV. Methods of Application
70. This Recommendation may be applied by national laws or regulations, collective agreements, works rules, arbitration awards or judicial decisions, or in any other manner consistent with national practice which may be appropriate, account being taken of conditions in each country.
71. In applying the provisions of this Recommendation, Members and the employers' and workers' organisations concerned should be guided to the extent possible and desirable by the suggestions concerning its practical application set forth in the Annex.
ANNEX
Suggestions concerning Practical Application
Policy Concerning Nursing Services and Nursing Personnel
1. Sufficient budgetary provision should be made to permit the attainment of the objectives of the national policy concerning nursing services and nursing personnel.
2.
(1) The programming of nursing services should be a continuing process at all levels of general health programming.
(2) Nursing services should be programmed on the basis of:
(a) information obtained from studies and research which are of a continuing nature and permit adequate evaluation of the problems arising and of the needs and available resources;
(b) technical standards appropriate to changing needs and national and local conditions.
(3) In particular, measures should be taken to:
(a) establish adequate nursing standards;
(b) specify the nursing functions called for by the recognised needs;
(c) determine the staffing standards for the adequate composition of nursing teams as regards the number of persons and qualifications required at the various levels and in the various categories;
(d) determine on that basis the categories, number and level of personnel required for the development of nursing services as a whole and for the effective utilisation of personnel;
(e) determine, in consultation with the representatives of those concerned, the relationship between nursing personnel and other categories of health personnel.
3. The policy concerning nursing services and nursing personnel should aim at developing four types of functions of nursing personnel: direct and supportive nursing care; the administration of nursing services; nursing education; and research and development in the field of nursing.
4. Appropriate technical and material resources should be provided for the proper exercise of the tasks of nursing personnel.
5. The classification of functions recommended in Paragraph 5 of the Recommendation should be based on an analysis of jobs and an evaluation of functions made in consultation with the employers' and workers' organisations concerned.
Education and Training
6. Where the educational possibilities of large sections of the population are limited, measures should be taken within the programmes of nursing education and training to supplement the general education of students who have not attained the level required in accordance with Paragraph 9 of the Recommendation.
7. Programmes of nursing education and training should provide a basis for access to education and training for higher responsibilities, create a desire for self-improvement, and prepare students to apply their knowledge and skills as members of the health team.
Practice of the Nursing Profession
8.
(1) In conditions to be determined, the renewal of an authorisation to practice the nursing profession may be required.
(2) Such renewal might be made subject to requirements of continuing education and training, where this is considered necessary to ensure that authorised nursing personnel remain fully qualified.
9. Re-entry into the profession after an interruption of its practice may be made subject, in specified circumstances, to verification of qualifications; in such case, consideration should be given to facilitating re-entry by such methods as employment alongside another person for a specified period before verification takes place.
10.
(1) Any disciplinary rules applicable to nursing personnel should include:
(a) a definition of breach of professional conduct taking account of the nature of the profession and of such standards of professional ethics as may be applicable thereto;
(b) an indication of the sanctions applicable, which should be proportional to the gravity of the fault.
(2) Any disciplinary rules applicable to nursing personnel should be laid down in the framework of rules applicable to health personnel as a whole or, where there are no such rules, should take due account of rules applicable to other categories of health personnel.
Career Development
11. Where the possibilities of professional advancement are limited as a result of the manner in which nursing services in general are conceived, measures might be taken to facilitate access to studies leading to qualifications for other health professions.
12.
(1) Measures should be taken to establish systems of classification and of scales of remuneration which provide possibilities of professional advancement on the basis of the classification of the level of functions envisaged in Paragraph 6 of the Recommendation.
(2) These systems should be sufficiently open to provide an incentive for nursing personnel to pass from one level to another.
(3) The promotion of nursing personnel should be based on equitable criteria and take account of experience and demonstrated ability.
14.
(1) Measures should be taken to encourage nursing personnel to make the greatest possible use of their knowledge and their qualifications in their work.
(2) The responsibilities effectively assumed by nursing personnel and the competence shown by them should be continuously reviewed so as to ensure remuneration and possibilities of advancement or promotion corresponding thereto.
15.
(1) Periods of paid educational leave should be considered to be periods of work for the purpose of entitlement to social benefits and other rights deriving from the employment relationship.
(2) As far as possible, periods of unpaid educational leave for the purpose of additional education and training should be taken into consideration in the calculation of seniority, particularly as regards remuneration and pension rights.
Remuneration
16. Pending the attainment of levels of remuneration comparable with those of other professions requiring similar or equivalent qualifications and carrying similar or equivalent responsibilities, measures should be taken, where necessary, to bring remuneration as rapidly as possible to a level which is likely to attract nursing personnel to the profession and retain them in it.
17.
(1) Additions to salary and compensatory payments which are granted on a regular basis should, to an extent commensurate with general practice in the professions referred to in Paragraph 16 of this Annex, be regarded as an integral part of remuneration for the calculation of holiday pay, pensions and other social benefits.
(2) Their amount should be periodically reviewed in the light of changes in the cost of living.
Working Time and Rest Periods
18.
(1) In the organisation of hours of work, every effort should be made, subject to the requirements of the service, to allocate shift work, overtime work and work at inconvenient hours equitably between nursing personnel, and in particular between permanent and temporary and between full-time and part-time personnel, and to take account as far as possible of individual preferences and of special considerations regarding such matters as climate, transportation and family responsibilities.
(2) The organisation of hours of work for nursing personnel should be based on the need for nursing services rather than subordinated to the work pattern of other health service personnel.
19.
(1) Appropriate measures to limit the need for overtime, for work at inconvenient hours and for on-call duty should be taken in the organisation of work, in determining the number and use of staff and in scheduling hours of work; in particular, account should be taken of the need for replacing nursing personnel during absences or leave authorised by laws or regulations or collective agreements, so that the personnel who are present will not be overburdened.
(2) Overtime should be worked on a voluntary basis, except where it is essential for patient care and sufficient volunteers are not available.
20. The notice of working schedules provided for in Paragraph 35 of the Recommendation should be given at least two weeks in advance.
21. Any period of on-call duty during which nursing personnel are required to remain at the workplace or the services of nursing personnel are actually used should be fully regarded as working time and remunerated as such.
22.
(1) Nursing personnel should be free to take their meals in places of their choice.
(2) They should be able to take their rest breaks at a place other than their workplace.
23. The time at which the annual holiday is to be taken should be determined on an equitable basis, due account being taken of family obligations, individual preferences and the requirements of the service.
Occupational Health Protection
24. Nursing personnel in respect of whom special measures such as those envisaged in Paragraphs 47, subparagraph (2), 49 and 50 of the Recommendation should be taken should include, in particular, personnel regularly exposed to ionising radiations or to anaesthetic substances and personnel in contact with infectious diseases or mental illness.
25. Nursing personnel regularly exposed to ionising radiations should, in addition, enjoy the protection of the measures provided for in the Radiation Protection Convention and Recommendation, 1960.
26. Work to which pregnant women or mothers of young children should not be assigned should include:
(a) as regards women covered by Paragraph 5 of the Maternity Protection Recommendation, 1952, the types of work enumerated therein;
(b) generally, work involving exposure to ionising radiations or anaesthetic substances or involving contact with infectious diseases.
Social Security
27. In order to ensure continuity in the acquisition of rights and the provision of benefits, as provided in Paragraph 54 of the Recommendation, steps should be taken to co-ordinate such private supplementary schemes as exist with each other and with statutory schemes.
28. In order to ensure that nursing personnel receive the compensation for illnesses contracted as a result of their work, as provided for in Paragraph 56 of the Recommendation, Members should, by laws or regulations:
(a) prescribe a list establishing a presumption of occupational origin in respect of certain diseases when they are contracted by nursing personnel, and revise the list periodically in the light of scientific and technical developments affecting nursing personnel;
(b) complement that list by a general definition of occupational diseases or by other provision enabling nursing personnel to establish the occupational origin of diseases not presumed to be occupational by virtue of the list.
International Co-operation
29. The financial aid given to nursing personnel undergoing education or training abroad might include, as appropriate:
(a) payment of travel expenses;
(b) payment of study costs;
(c) scholarships;
(d) continuation of full or partial remuneration, in the case of nursing personnel already employed.
30. As far as possible, periods of leave or detachment for training or work abroad should be taken into consideration in the calculation of seniority, particularly as regards remuneration and pension rights.
Note:
• C97 Convenzione sui lavoratori migranti, 1 luglio 1949
• C103 Convenzione sulla protezione della maternità, 28 giugno 1952
• C115 Convention concerning the Protection of Workers against Ionising Radiations, 22 giugno 1960
• C135 Convenzione relativa alla protezione dei rappresentanti dei lavoratori nell’azienda e alle agevolazioni che dovranno essere loro concesse, 23 giugno 1971
• C140 Convention concerning Paid Educational Leave, 24 giugno 1974
• R86 Raccomandazione sui lavoratori migranti, 1 luglio 1949
• R95 Recommendation concerning Maternity Protection, 28 giugno 1952
• R97 Recommendation concerning the Protection of the Health of workers in Places of Employment, 25 giugno 1953
• R114 Recommendation concerning the Protection of Workers against Ionising Radiations, 22 giugno 1960
• R116 Recommendation concerning Reduction of Hours of Work, 26 giugno 1962
• R123 Recommendation concerning the Employment of Women with Family Responsibilities, 22 giugno 1965
• R143 Recommendation concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking, 23 giugno 1971
Fonte: ILO