Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

1. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Article 4. Section 23 of the Labour Code prohibits the employment of young persons under 16 years of age, except on certain types of work, for which a medical certificate of fitness is required. Section 16 of Decree No. 6341 of 1951 provides for the medical examination of all wage earners at the time of recruitment and for a periodical examination during their period of service. The above-mentioned provisions of the Convention lay down that a young person under 18 years of age shall not be admitted to employment unless he has been found fit by a thorough medical examination, that this examination shall be repeated at intervals of not more than one year and that, for certain dangerous forms of work, medical examination and re-examination for fitness for employment shall be carried out until the age of 21 years. The Committee therefore asked the Government to state:

(a) whether the examinations provided for by section 16, subsection 2, of Decree No. 6341 are carried out at intervals of less than one year for young persons up to 18 years of age and at more frequent intervals in special circumstances relating to the risks of the occupation and the state of health of the young person;

(b) whether this frequency is maintained until the age of 21 years for certain dangerous forms of work;

(c) whether the above-mentioned medical examinations up to the age of 18 or 21 years, as the case may be, are also required for employment in undertakings employing fewer than 20 workers, which, under section 12 of Decree No. 6341, are not required to reserve the services of their own physician.

2. Articles 6 and 7. The Committee asks the Government to state how effect is given to these Articles of the Convention, which prescribe respectively (a) that appropriate measures shall be taken for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have limitations, and (b) the obligation that the employer shall keep available to labour inspectors the medical certificate for fitness for employment and the adoption of other methods of supervision for ensuring the strict enforcement of the Convention.

3. The Committee hopes that the next report of the Government will contain the information requested and that it will be drawn up in accordance with the report form adopted for the purpose by the Governing Body.