Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 2(1) and (2) of the Convention. Preliminary medical examination by a qualified physician. With reference to its previous comments, the Committee notes the Government’s information that section 22 of the Labour Code, as amended by Act No. 536 of 24 July 1996, makes a medical examination obligatory prior to employment of young persons aged 14 to 18 years. The Committee notes that, in addition to the provisions discussed in its previous comments, section 21 of the draft amendment to the Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, prohibits the employment or engagement of young persons before undergoing a thorough medical test, which could include clinical, laboratory and X-ray tests if necessary, and which proves their fitness to fulfil the required work. Furthermore, the Committee notes that Decree No. 6341 of 24 October 1951 on the organization and safety and health in companies was annulled by virtue of Decree No. 11802 of 30 January 2004 regarding the organization of safety and hygiene in all establishments. According to section 34 of Decree No. 11802, all undertakings governed by the Labour Code in which the number of workers exceeds 15 are required to have a doctor who shall act as the “workmen’s doctor”. The Committee notes the Government’s information that in the case of undertakings that employ less than 15 workers, the workers are referred to a physician, who is not necessarily the physician of the workplace, chosen by the owner of the undertaking, by virtue of the mandatory provisions which obligate young persons under the age of 18 years to undergo a medical examination prior to employment. The Committee expresses the hope that the draft amendment to the Labour Code will be adopted in the near future and requests the Government to keep it informed of any progress made in this regard.

Articles 3(2) and 4(1). Medical re-examination for fitness for employment of persons under 18 and for employment in occupations involving high health risks and repetition until the age of 21 years. In its previous comments, the Committee had noted that section 22 of Act No. 536 of 24 July 1996 refers to the medical examination conducted after beginning the employment for young persons under 18 years, and that section 1 of Order No. 157/1 of 2 August 2000 provides for the continuation of medical examination of young persons until the age of 21, for those who are engaged in work hazardous to health. The Committee notes the Government’s information that the draft amendment to the Labour Code provides for the repetition of the medical examination of young persons under 18 years at closer intervals than annually to ensure an efficient supervision of their medical condition with regard to the risks of their work. The Committee requests the Government to provide more detailed information on the repetition of the medical examination of young persons under 18 years, as provided for by the draft amendment to the Labour Code, and, more specifically, the precise interval of time which is provided for between each medical examination for these young persons. The Committee also requests the Government to indicate the intervals at which the medical re-examination is repeated for persons between 18 and 21 years engaged in work which involves high health risks, in accordance with Article 4(1) of the Convention.

Articles 4 and 5. Medical examination free of charge. In its previous comments, the Committee had noted that, under section 1 of Order No. 157/1 of 2 August 2000, although medical examinations are required until at least the age of 21 years for work which involves a high degree of risk for young persons’ health, section 22 of the Labour Code provides these examinations free of charge only until the age of 18 years. The Committee notes with interest that section 37 of Decree No. 11802 of 30 January 2004 regarding the organization of safety and hygiene in all establishments provides that, in the case of undertakings in which the number of workers exceeds 15, the owners are responsible for the payment of the doctors attached to them and workers are in no way financially responsible for the cost of clinical examination, laboratory tests and X-rays. Furthermore, the Committee notes the Government’s information that, in general, for the medical examination of persons aged more than 18 years, the physician who performs the examination is paid either by the worker’s employer or by the National Fund for Social Security.

Article 6.  Vocational guidance and rehabilitation of children and young persons found unsuited for work. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Affairs resorts to the non-governmental sector to provide a cluster of services to young persons, which include the following: the provision of vocational guidance to young persons who wish to follow up their vocational guidance education and registration in specialized institutions; and the provision of vocational training to young persons on occupations and crafts which suit their health conditions and wishes. It observes, however, that no measures have yet been taken in regard to the vocational guidance or physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited or to have physical handicaps or limitations. The Committee notes the Government’s information that the comments of the Committee on Article 6 of the Convention will be submitted to the Upper Council for Childhood, which is comprised of representatives of the Ministries of Labour, Social Affairs, Justice, Public Health, Education and Higher Education, Foreign Affairs, Culture, Interior and Municipalities, Finance, Youth and Sports, and Information, for consideration. The Committee expresses the hope that the Government, along with the collaboration of the Upper Council for Childhood, will undertake the necessary action as soon as possible in order to ensure effective application of Article 6 of the Convention. It asks the Government to supply information on any progress made in this regard.

Article 7(2). Enforcement of the Convention. The Committee notes the Government’s information that the Ministry of Public Health is currently updating the national legislation with regard to medical certificates and is preparing a draft decree on the identification of laboratory examinations, the manner in which they are carried out, and their timing. The Ministry of Public Health is also currently formulating a statute on the required clinical and physical examinations according to occupations. The Committee invites the Government to continue providing information on any progress made in this matter and on any other measures taken or envisaged to ensure the strict enforcement of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report and in reply to its direct request.

1.  Article 2(1) and (2) of the Convention.  The Committee notes with interest section 22 of the Labour Code, as amended by Act No. 536 of 24 July 1996, which makes commencement of employment for young persons aged from 13 to 18 years subject to a prior medical examination to ensure that they are fit to perform the work for which they are recruited. Similarly, section 1 of Order No. 157/1 of 2 August 2000 issued in application of Conventions Nos. 77 and 78, read in conjunction with section 8 of the Labour Code, provides for an examination on commencing employment for minors under 18 years old engaged in industrial undertakings. The Committee notes, in addition, that under section 22 of the Labour Code, medical certificates are issued free of charge by the Ministry of Public Health until the young person reaches the age of 18 years. Finally, it notes that under section 12 of Decree No. 6341 of 24 October 1951 on the organization of safety and health in companies, undertakings which employ fewer than 20 workers are not required to engage a physician designated as the company physician. The Committee therefore requests the Government to indicate which physician is responsible for the medical examination of children and young persons before assignment to employment in a company employing fewer than 20 workers.

2.  Article 3(2) and Article 4.  The Committee notes the provision of section 22 of the Labour Code which prescribes that the medical certificate may be withdrawn at any time if it is noted that the young person is no longer fit to carry out the work for which he has been employed. The Committee understands that this provision refers to the medical examination conducted after beginning the employment. In addition, section 1 of Order No. 157/1 of 2 August 2000 provides for continuation of medical examination of young persons until at least the age of 21, for those who are engaged in work hazardous to health. The Committee notes this information. It recalls, however, that Article 3(2) of the Convention provides that repetition of medical examinations shall take place at intervals of not more than one year. It therefore requests the Government to indicate the intervals at which the medical examination is repeated in accordance with Article 3(2) of the Convention.

3.  Articles 4 and 5.  The Committee notes that section 1 of Order No. 157/1 provides that young persons assigned to work which involve high health risks are subject to a preliminary medical examination and then to re-examinations until at least the age of 21 years. Section 22 of the Labour Code stipulates that medical certificates are issued free of charge by the Ministry of Public Health until the young person reaches the age of 18 years. The Committee assumes that the medical examination preceding issue of a medical certificate is also free of charge. It notes, however, that under section 1 of Order No. 157/1 of 2 August 2000, although medical examinations are required until at least the age of 21 years for work which involves a high degree of risk for young persons’ health, section 22 of the Labour Code provides these examinations free of charge only until the age of 18 years. The Committee therefore requests the Government to indicate the measures taken or envisaged in order to extend systematically the issue of medical certificates without charge to the young persons covered by Article 4 of the Convention.

4.  Article 6.  The Committee notes the Government’s indication to the effect that no measures have yet been taken in regard to the vocational guidance or physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited or to have physical handicaps or limitations, but that the measures to be taken will be discussed with the ministers concerned with a view to application of this Article of the Convention. The Committee hopes that the Government will undertake the necessary action as soon as possible in order to ensure effective application of Article 6 of the Convention. It requests the Government to supply information on all progress made in this regard.

5.  Article 7(2).  The Committee notes the Government’s intention to examine additional supervisory measures with the Department of Prevention and Safety of the Ministry of Public Health. It invites the Government to supply information on any progress on this matter.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied in the Government's last report.

1. Articles 2 and 5. In its previous comments the Committee drew the Government's attention to the application of the Convention in accordance with Article 1, paragraph 1, to children and young people employed or working in all industrial undertakings irrespective of the number of workers. Under section 12 of Decree No. 6341 of 24 October 1951 on the organization of safety and health in companies, undertakings which employ fewer than 20 workers are not required to engage a particular physician designated the company physician. The Government earlier indicated that in practice undertakings, including small ones, require workers, under the provisions of the employment contract, to present a medical certificate certifying that they are fit for work and free from any disease. Presentation of a medical certificate before taking up employment is therefore required, as the Government indicated in its last report, by internal regulations approved by the Ministry of Labour.

The Committee notes this information. It requests the Government to indicate the measures taken or envisaged to ensure that children and young persons under 18 years of age are found fit to be employed in an undertaking employing fewer than 20 employees by a thorough medical examination carried out by an approved physician which does not involve the person concerned or his or her parents in any expense.

2. Article 3, paragraph 2. Further to the previous comments, the Committee notes that section 3 of Ministerial Order No. 65/1 of 17 February 1995 concerning the procedure for applying certain provisions of international labour Conventions Nos. 52, 59, 78 and 95 stipulates that each employer must ensure that employment of a person under 18 years of age is subject to the repetition of medical examinations at intervals of not more than one year, in accordance with Article 3 of Convention No. 78. Since the preamble to this Order and its section 3 refer to Convention No. 78 which deals with the medical examination of children and young persons in non-industrial occupations, the Committee requests the Government to specify whether the Order applies to the employment of children or young persons under 18 years of age working in industrial undertakings.

3. Article 4. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged by the special committee responsible for taking internal measures to give effect to ratified Conventions in regard to the requirement until the age of 21 years of the medical examinations for fitness for employment in occupations which involve high health risks. The Government indicates that the special committee has not yet begun examining the decrees issued under the code.

The Committee hopes that these texts will be adopted in the near future and will give full effect to the provisions of this Article of the Convention and requests the Government to provide a copy.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report and in particular concerning the application of Articles 6 and 7 of the Convention.

It requests the Government to supply in its next report additional information on certain questions raised in its previous comments.

1. Articles 2 and 5. In its previous comments the Commission requested the Government to indicate if medical examinations until the age of 18 or 21 years, as appropriate, were also required for undertakings employing fewer than 20 workers who are not required to use a particular physician, pursuant to section 12 of Decree No. 6341.

The Committee notes from the Government's report that undertakings employing fewer than 20 workers, under provisions of the employment contract or pursuant to internal regulations approved by the Minister of Labour, require workers, including those under 18 years of age, to present a medical certificate certifying that they are fit for work and free from any disease.

The Committee requests the Government to indicate if the medical examination for fitness for employment is carried out by a qualified physician approved by the competent authority as prescribed under paragraph 2 of Article 2. It also requests the Government to indicate if these examinations can involve the child or young person, or his parents, in any expense, and recalls that such a practice is contrary to the provisions of Article 5.

2. Article 3(2). In its previous comments the Committee noted that section 16 of Decree No. 6341 of 1951 provides for the medical examination of all employees at the time of their recruitment as well as periodic examinations during the course of their employment.

The Committee requested the Government to indicate if the examination provided for under section 16, subparagraph 2, of Decree No. 6341 is repeated at intervals of not more than one year for young persons until 18 years of age and at more frequent intervals in special circumstances in respect of the risks involved in the occupation and of the state of health of the young person.

The Committee notes the indications of the Government that section 5 of Decree No. 4568 of 30 June 1960 provides that workers must undergo a periodic medical examination, in particular those carrrying out dangerous work, those who are less than 18 years of age ... and that the occupational physician shall set the number, methods and the date of these examinations. The Committee also notes the indications of the Government that as the hours of work of the undertaking's physician were set at one hour each month for every 20 workers (section 13 of Decree No. 6341), this "allows for workers to undergo periodic examinations at intervals of not more than one year".

The Committee observes that the provisions of section 5 of Decree No. 4568 do not provide for the annual frequency of the medical examination required by the Convention for children and young persons under 18 years of age and leaves the physician the option to decide on their number and methods. Moreover the monthly number of hours of work does not appear to be sufficient to ensure the application of this provision of the Convention.

The Committee requests the Government to indicate the measures taken or envisaged to ensure the application of this provision of the Convention and to supply information on the application in practice of section 5 of Decree No. 4568 providing in particular extracts of reports of labour inspection services and, if such statistics are available, information on the number and nature of the contraventions reported (Part V of the report form). The Committee also requests the Government to supply the text of Decree No. 4568 of 1960.

3. Article 4. The Committee notes that, according to the information provided by the Government in its report, within the context of activities of the special committee responsible for taking internal measures to give effect to ratified Conventions, the provisions of the Convention will be taken into consideration, so that undertakings in which dangerous activities are carried out, whatever the number of their employees and whatever the age of these employees, will be required to have a physician responsible for examining workers on a periodic basis. The Committee requests the Government to indicate in its next report the measures taken or envisaged by the above committee to ensure that a medical examination is required until at least the age of 21 years for work involving high health risks.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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.

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes 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.