Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. It notes in particular that the Directorate General for the Protection of Minors of the Ministry of Justice and Labour is promoting the reform of the national legislation in order to bring it into conformity with the Convention. The Committee hopes that the abovementioned reform will enable the national legislation to be brought into harmony with the Convention, and repeats its comments on the following points, to which it has been referring for many years.

Article 4, paragraphs 1 and 2, of the Convention. The Committee notes that, according to section 188(c) of the Labour Code, young persons under the age of 18 must undergo a yearly physical and mental fitness examination. The Committee recalls that, as it has already pointed out, as well as the general examination provided for in Articles 2 and 3 of the Convention, according to Article 4 of the Convention in occupations which involve high health risks medical examination and re examinations for fitness for employment must be required until the age of at least 21 years. According to the same Article, national laws or regulations must specify the occupations or categories of occupations in which such an examination shall be required. The Committee notes with concern that the draft Children and Young Persons Code contains no provision to give effect to this Article of the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that the above draft provides that in occupations which involve high health risks for workers under the age of majority, the latter shall undergo a medical examination and re examinations for fitness for employment until at least the age of 21 years. Provision must also be made for the national legislation to specify the occupations or categories of occupations for which such examinations are to be required.

Article 6, paragraphs 1 and 2. The Committee notes that there are no vocational guidance and physical and vocational rehabilitation measures for young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee asks the Government to take appropriate steps to include in the Bill to amend the legislation the necessary provisions to give proper effect to this Article of the Convention.

Lastly, the Committee asks the Government to supply, in accordance with Part V of the report form, statistical data on the number of children and young persons who are employed and who have undergone the medical examinations provided for in the Convention, extracts of inspection reports relating to infringements reported and the sanctions imposed, together with any other information showing how the Convention is applied in practice.