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Repetition Article 7(2). The Committee had previously requested the Government to supply information on the other methods of supervision adopted by national law and regulations which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons. The Committee notes the absence of information in the Government’s report on this point. The Committee therefore once again requests the Government to indicate the other methods of supervision adopted by national laws and regulations for ensuring the strict enforcement of the Convention.
The Committee notes the Government’s report. It requests the Government to provide information on the following points.
Article 5 of the Convention. The Committee had previously noted the Government’s indication that medical examinations do not involve any expenses for the child, young person or his/her parents. The Committee nevertheless requested the Government to indicate whether it intended to take legislative measures which ensure that medical examinations for fitness for employment are free of cost for the child, young person or his/her parents. The Committee notes with interest that the amendments made to the Labour Code in 2001 (Amended SG No. 25 of 2001) include a new provision under section 287(2) which states that, “ medical check-ups for all employees shall be on account of the employer”.
Article 7, paragraph 1. The Committee had previously noted subsection (3) of section 303 of the Labour Code, according to which the permission of employment issued by the labour inspectorate on the basis of the results of the medical examinations constitutes a prerequisite for the employer to employ young persons. It had requested the Government to indicate the national law or regulation which provides that the documents certifying the fitness for employment are made available to the labour inspectors at any time. The Committee notes the Government’s indication that, according to section 17 of the Structural Regulation of the General Labour Inspectorate Executive Agency, the labour inspectors shall be control bodies during the course of and in connection with their service duties and shall have the rights established in the Labour Code, the Safe and Healthy Working Conditions Act and the Employment Promotion Act. The Committee also notes that, by virtue of section 402(2) of the Labour Code, the controlling bodies shall have the right “to demand from employers explanations and presentation of all necessary documents, papers and data with reference to the exercise of control”. The Committee takes due note of this information.
Article 7, paragraph 2. The Committee had previously requested the Government to supply information on the other methods of supervision adopted by national law and regulations which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons. The Committee notes the absence of information in the Government’s report on this point. The Committee therefore once again requests the Government to indicate the other methods of supervision adopted by national laws and regulations for ensuring the strict enforcement of the Convention.
The Committee takes note of the amendments made to the Labour Code in 1996. It would draw the Government’s attention to the following points:
Article 3, paragraph 3, of the Convention. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958 concerning medical examination of workers prior to their employment and at regular intervals, read together with list 2 annexed to the Ordinance, requires medical re-examinations in intervals of three to six months for specific types of work. It also notes that section 304 of the Labour Code, 1996, provides for the periodical amendment and review, at least every three years, of the list to be established which indicates dangerous jobs forbidden for persons between 16 and 18 years of age. In the light of this provision of the Labour Code, the Committee would request the Government to indicate whether the above Ordinance has been subject to amendments, in particular with regard to list 2, annexed to the Ordinance, which contains an enumeration of work considered dangerous or harmful to the health of workers.
Article 4, paragraph 2. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958, in conjunction with list No. 2, which is annexed to the Ordinance, specifies the periodicity of medical examinations to be carried out for the different activities. With regard to the provision of section 304 of the Labour Code, 1996, the Committee would ask the Government to indicate whether amendments have been adopted in this respect.
Article 5. The Committee understands from the Government’s indications that all medical examinations do not involve the child, young person or his parents in any expense. It would nevertheless request the Government to indicate whether it is intended to take legislative measures which provide that medical examinations for fitness for employment are free of expense for the child, young person or his parents.
Article 6. The Committee would request the Government to supply updated information on the current measures taken for vocational and physical rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. It would further ask for updated information regarding the status of national legislation providing for the issue: (a) of temporary work permits or medical certificates valid for a limited period of time; or (b) of permits or certificates requiring special conditions of employment, to children and young persons, whose fitness for employment is not clearly determined.
Article 7, paragraph 1. Pursuant to section 303, subsection 3 of the Labour Code, 1996, the permission of employment issued by the Labour Inspectorate on the basis of the results of the medical examinations constitutes a prerequisite for the employer to employ a young person. The Committee would request the Government to explain which national law or regulation provides that the documents certifying the fitness for employment are available to the labour inspectors at any time.
Article 7, paragraph 2. With regard to the methods of supervision, other than those described in Article 7, paragraph 1, of the Convention, which are to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons, the Committee notes that the national legislation does not contain any specific provisions. The Government is accordingly requested to supply information on the other methods of supervision adopted by national law and regulations which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons.