2011 Fiscal Year Final Research Report

Legal Analysis of and Recommendations on the Sift of Nursing Staff : a fundamental study for the establishment of the nursing law

Research Project

Project/Area Number	21530061
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Social law
Research Institution	The Japanese Red Cross Kyushu International College of Nursing
Principal Investigator	OHASHI Sho 日本赤十字九州国際看護大学, 看護学部, 教授 (10403932)
Project Period (FY)	2009 – 2011
Keywords	看護職 / 勤務シフト / 看護法学
Research Abstract	Lack of nursing staff members is a national big issue for Japanese people. The reason for that lies in the low retention rates of nursing staff. It is impossible for the medical-services community to solve this big issue by its self-help efforts. From the viewpoint of the labor law, I maintained the necessity of ratification of the ILO 149 convention and of amendments of the labor laws. To be more precise, the following items are necessary : 1.regulating the total hours actually worked at midnight to be within 12 hours ; 2.the laboring intervals of the alternative work schedule should be enshrined ; 3.counting the handover hours as laboring hours(deemed working hours should be introduced); 4.a consecutive break time should be regulated ; 5.training and educating hours should be regulated as laboring hours.