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Repetition Articles 2(1) and 3(1) of the Convention. Thorough medical supervision up to the age of 18 years. In its previous comments, the Committee noted that section 248 of Act No. 16-92 of 31 May 1992, approving the Labour Code (hereinafter the Labour Code), provides that any minor under 16 years of age wishing to carry out any kind of work must undergo a thorough medical examination. It also noted that sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 issuing regulations under the Labour Code (hereinafter, Regulation No. 258-93 of 12 October 1993), provide that working minors shall be under medical supervision until they reach the age of 16 years, as envisaged in section 17 of the Labour Code. The Committee requested the Government to provide information on the measures adopted to raise the age set out in the Labour Code and in Regulation No. 258-93 of 12 October 1993 from 16 to 18 years so that the above texts are brought into harmony with the provisions of the Convention.With regard to the Labour Code, the Committee noted the information provided by the Government according to which a report by a consultant has concluded that the age established by the Labour Code should be raised. With reference to Regulation No. 258-93 of 12 October 1993, it noted the Government’s indication that a resolution has already raised the age from 16 to 18 years. The Committee reminded the Government that, under the terms of Articles 2(1) and 3(1) of the Convention, children and young persons under 18 years of age may not be admitted to employment by an industrial enterprise unless they have been found to be fit for the work on which they are to be employed by a thorough medical examination. The Committee once again requests the Government to provide information on the measures adopted or envisaged to bring the Labour Code and Regulation No. 258 93 of 12 October 1993 into conformity with the Convention and to raise from 16 to 18 years the age established for thorough medical supervision. The Committee also requests the Government to provide a copy of the resolution which is reported to have raised the age established for thorough medical supervision from 16 to 18 years.Article 4(1). Medical examinations and re-examinations for fitness for employment until at least the age of 21 years. The Committee noted previously that, under the terms of section 53 of Regulation No. 258-93 of 12 October 1993, the medical examination only applies to those under 16 years of age and has to be renewed annually or every three months where the work involves high risks for the health of the young person. The Committee recalled that, by virtue of Article 4(1) of the Convention, in occupations which involve high health risks for children or young persons, the medical examination and re-examination for fitness for employment shall be required until at least the age of 21 years. The Committee noted that the Government did not provide any information on this subject. It therefore once again requests it to take the necessary measures to amend the legislation so as to provide that, where the work performed by young persons involves high health risks, medical supervision shall be required until at least the age of 21 years.Article 4(2). Specification of the occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee noted that the Government did not provide any information on this point. It therefore once again requests it to provide information on the measures adopted or envisaged to specify the occupations or categories of occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years, or to empower an appropriate authority to specify such occupations.Article 6(2). Determination of the measures for vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. Noting the absence of information in the Government’s report on this point, the Committee reminded the Government that, under the terms of Article 6(2), of the Convention, cooperation shall be established between the labour, health, educational and social services concerned, and effective liaison shall be maintained between the services. It once again requests the Government to provide information on this subject.Article 6(3). Work permits or medical certificates. The Committee noted the model certificate of fitness for employment for minors provided by the Government. It requests the Government to indicate whether this model is also used for children and young persons whose fitness for employment is not clearly determined and who have to either: (a) work for a limited period at the expiration of which the young worker will be required to undergo re-examination; or (b) work under special conditions of employment.Article 7. Keeping the medical certificate available to labour inspectors. In its previous comments, the Committee reminded the Government that, under the terms of this Article of the Convention, the employer is required to file and keep available to labour inspectors either the medical certificate for fitness for employment or the work permit or workbook. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the measures taken to give effect to this provision of the Convention.Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee once again requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the infringements reported.
Article 2, paragraph 1, and Article 3, paragraph 1, of the Convention. Thorough medical supervision up to the age of 18 years. In its previous comments, the Committee noted that section 248 of Act No. 16-92 of 31 May 1992, approving the Labour Code (hereinafter the Labour Code), provides that any minor under 16 years of age wishing to carry out any kind of work must undergo a thorough medical examination. It also noted that sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 issuing regulations under the Labour Code (hereinafter, Regulation No. 258-93 of 12 October 1993), provide that working minors shall be under medical supervision until they reach the age of 16 years, as envisaged in section 17 of the Labour Code. The Committee requested the Government to provide information on the measures adopted to raise the age set out in the Labour Code and in Regulation No. 258-93 of 12 October 1993 from 16 to 18 years so that the above texts are brought into harmony with the provisions of the Convention.
With regard to the Labour Code, the Committee notes the information provided by the Government according to which a report by a consultant has concluded that the age established by the Labour Code should be raised. With reference to Regulation No. 258-93 of 12 October 1993, it notes the Government’s indication that a resolution has already raised the age from 16 to 18 years. The Committee reminds the Government that, under the terms of Article 2, paragraph 1, and Article 3, paragraph 1, of the Convention, children and young persons under 18 years of age may not be admitted to employment by an industrial enterprise unless they have been found to be fit for the work on which they are to be employed by a thorough medical examination. The Committee once again requests the Government to provide information on the measures adopted or envisaged to bring the Labour Code and Regulation No. 258-93 of 12 October 1993 into conformity with the Convention and to raise from 16 to 18 years the age established for thorough medical supervision. The Committee also requests the Government to provide a copy of the resolution which is reported to have raised the age established for thorough medical supervision from 16 to 18 years.
Article 4, paragraph 1. Medical examinations and re-examinations for fitness for employment until at least the age of 21 years. The Committee noted previously that, under the terms of section 53 of Regulation No. 258-93 of 12 October 1993, the medical examination only applies to those under 16 years of age and has to be renewed annually or every three months where the work involves high risks for the health of the young person. The Committee recalled that, by virtue of Article 4, paragraph 1, of the Convention, in occupations which involve high health risks for children or young persons, the medical examination and re‑examination for fitness for employment shall be required until at least the age of 21 years. The Committee notes that the Government has not provided any information on this subject. It therefore once again requests it to take the necessary measures to amend the legislation so as to provide that, where the work performed by young persons involves high health risks, medical supervision shall be required until at least the age of 21 years.
Article 4, paragraph 2. Specification of the occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee notes that the Government has not provided any information on this point. It therefore once again requests it to provide information on the measures adopted or envisaged to specify the occupations or categories of occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years, or to empower an appropriate authority to specify such occupations.
Article 6, paragraph 2. Determination of the measures for vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. Noting the absence of information in the Government’s report on this point, the Committee reminds the Government that, under the terms of Article 6, paragraph 2, of the Convention, cooperation shall be established between the labour, health, educational and social services concerned, and effective liaison shall be maintained between the services. It once again requests the Government to provide information on this subject.
Article 6, paragraph 3. Work permits or medical certificates. The Committee notes the model certificate of fitness for employment for minors provided by the Government. It requests the Government to indicate whether this model is also used for children and young persons whose fitness for employment is not clearly determined and who have to either: (a) work for a limited period at the expiration of which the young worker will be required to undergo re-examination; or (b) work under special conditions of employment.
Article 7. Keeping the medical certificate available to labour inspectors. In its previous comments, the Committee reminded the Government that, under the terms of this Article of the Convention, the employer is required to file and keep available to labour inspectors either the medical certificate for fitness for employment or the work permit or workbook. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the measures taken to give effect to this provision of the Convention.
Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee once again requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the infringements reported.
The Committee notes the information supplied in the Government’s reports. It recalls that on ratifying a Convention the Government enters into an obligation to take the necessary steps to give effect to its provisions in both law and practice. This obligation must be met whether or not the ratified Convention is incorporated into domestic law. Consequently, the Committee is bound to repeat its previous comments and urge the Government to take the requisite measures to apply the provisions of this Convention.
Articles 2, paragraph 1, and 3, paragraph 1, of the Convention. The Committee notes that section No. 248 of the Labour Code provides that minors of under 16 years of age wishing to carry out any kind of work must undergo thorough medical examination. The Committee also notes that article 53 of Regulation No. 258-93 of 12 October 1993 provides that such an examination must be carried out in respect of working minors until they reach the age of 16, as established by the Labour Code. The Committee asks the Government to report on the measures it will be taking to raise the age set in the Labour Code and the abovementioned Regulation from 16 to 18 years in order to bring these texts into line with the Convention.
Article 3, paragraphs 2 and 3. The Committee notes that article 53 of the above Regulation provides that minors must undergo yearly re examinations until they reach the age of majority, i.e. 16 years. The same article further specifies that re-examination shall take place every three months where the work implies a serious risk for the health of the minor. The Committee is bound to remind the Government that this Article of the Convention requires medical re-examinations to be conducted, as prescribed by the national legislation, until the age of 18 years. The Committee therefore urges the Government to amend its legislation in order to bring it into conformity with the provisions of the Convention.
Article 4, paragraphs 1 and 2. The Committee recalls that, according to this Article, minors in occupations which involve high health risks must be required to undergo medical examination and periodical re examination for fitness for employment, and that the national authorities shall specify the categories of occupations in which such examinations must be required until at least the age of 21 years. According to article 53 of Regulation No. 258-93 of 12 October 1993, the medical examination in question applies only up to the age of 16 years, and is to be repeated every three months when the occupation involves high health risks for the minor. The Committee therefore asks the Government to take the necessary steps to amend its legislation in order to establish that, where the occupation involves high health risks for the minor, the medical examination must be repeated until at least the age of 21 years (paragraph 1). Furthermore, the Committee asks the Government to report on measures adopted to specify the occupations or categories of occupations in which a medical examination for fitness for employment must be required until at least the age of 21 years, or to indicate the appropriate authority empowered so to specify (paragraph 2).
Article 6, paragraphs 2 and 3. The Committee requests the Government to indicate the authority competent to determine the nature and scope of cooperation between the medical services and the labour, health, educational and social services, as provided by this Article of the Convention (paragraph 2). The Committee also requests the Government to specify the measures adopted or to be adopted to provide for the issue to children and young persons whose fitness for employment is not clearly determined: (a) temporary work permits or medical certificates valid for a limited period at the expiration of which the young worker will be required to undergo re-examination; and (b) permits or certificates requiring special conditions of employment (paragraph 3).
Article 7. The Committee recalls that employers are required to file and keep available to labour inspectors the medical certificate for fitness for employment or the work permit or workbook. The Committee requests the Government to report on the measures adopted to give effect to this provision of the Convention.
Part V of the report form. The Committee asks the Government to provide general information on the manner in which the Convention is applied, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the infringements reported, together with any other data relevant to the practical application of the Convention.
With reference to its previous comments concerning Articles 2, 3, 4 and 6 of the Convention, the Committee notes that by means of Decree No. 188/91, of 14 May 1991, section 42 of Regulations No. 7676, of 6 October 1951, have been amended. In its current wording, the above section provides that "persons under 16 years of age shall not be admitted to employment unless they have been subjected to a thorough medical examination declaring them fit for the work in which they are to be employed" (subsection 1), "the fitness of young persons for employment shall be subject to an annual medical inspection until they reach the age of 16 years" (subsection 2), "in the case of work which presents a high risk to the health of young persons, the medical examination shall be repeated every three months" (subsection 3).
The Committee notes that Decree No. 188/91 does not give effect to the provisions of the Convention, which requires a medical examination for fitness for work for persons under 18 years of age and medical supervision until the same age. Furthermore, it also requires the repetition of medical examinations for fitness for work in occupations which involve high health risks, where the medical examination for fitness for work and its repetition at intervals shall be required until at least the age of 21 years.
The Committee also notes the draft Labour Code, which was communicated to the ILO for an examination of its conformity with the international labour standards that have been ratified by the Dominican Republic.
Section 252 of the draft Labour Code sets out the obligation to issue a medical certificate certifying the physical fitness of persons under 16 years of age when they work in enterprises of any type.
The Committee hopes that section 252 of the draft Labour Code will be amended by complementing the provisions of Article 2 of the Convention with the requirement for a medical examination for fitness for employment for persons aged 18 years. The Committee also hopes that, when adopting the Labour Code, the other provisions of the Convention (Articles 3, 4 and 6) will be taken into account and that Decree No. 188/91 will be amended accordingly.
In comments made for a number of years, the Committee has drawn the Government's attention to the absence of legislation or specific regulations providing for the full application of the following provisions of the Convention:
Article 2, paragraphs 1 and 4 (thorough medical examination for employment and specification of the authority competent to issue the document certifying fitness for employment); Article 3 (medical supervision up to the age of 18 years); Article 4 (annual medical examination up to the age of 21 years in occupations that involve high health risks); Article 6 (vocational guidance, physical and vocational rehabilitation of children and young persons found by medical examination to have physical handicaps or limitations); Article 7 (supervisory measures for ensuring the strict enforcement of the Convention).
In its report for the period ending 30 June 1980 the Government indicated that the Ministry of Labour had started to prepare a preliminary draft regulation under the chapter of the Labour Code concerning the work of young persons. In its report for 1985 it stated that the elaboration of a draft Code for minors was in progress.
In its latest reports, the Government continued to state its intention to give effect to the provisions of the Convention. With this view, it has adopted a Code for minors and a regulation under Book IV, Chapter 2, of the Labour Code, and indicated that the respective draft and preliminary draft were being evaluated by the persons responsible for labour questions. The Committee notes with regret that no progress has been made up to now.
The Committee again expresses the hope that the Government will make every possible effort so as not to delay the adoption of the necessary measures to give effect to the above-mentioned provision of the Convention. It also requests the Government to indicate the decisions taken under Article 1, paragraph 3 (definition of the line of division which separates industry from agriculture, commerce and other non-industrial occupations), and provide, when available, extracts of reports of the labour inspection services containing statistical data on the number and nature of violations recorded.
With reference to its previous comments, the Committee recalls that, for a number of years, the Government has indicated its intention to ensure the application of the Convention by adopting either a Minors' Code or draft regulations under Book IV, Chapter 2, of the Labour Code concerning the work of young persons, similar to the one drawn up during the direct contacts mission undertaken in 1980.
The Committee notes from the Government's last report that no progress seems to have been made with regard to either of the above points. It none the less notes the Government's statement that it fully intends to adopt the necessary measures as rapidly as possible. The Committee is therefore bound to reiterate its previous comments and to request the Government once again to take the necessary measures to give effect in particular to the following provisions of the Convention: Article 2, paragraphs 1 and 4 (thorough medical examination for employment and specification of the authority competent to issue the document certifying fitness for employment); Article 3 (medical supervision up to the age of 18 years); Article 4 (annual medical examination up to the age of 21 years in occupations that involve high health risks); Article 6 (vocational guidance, physical and vocational rehabilitation of children and young persons found by medical examination to have physical handicaps or limitations); Article 7 (supervisory measures for ensuring the strict enforcement of the Convention).
The Committee trusts that the Government's next report will provide appropriate replies to the Committee's repeated observations. Furthermore, it would be grateful if the Government would indicate the decisions taken by virtue of paragraph 3 of Article 1 (definition of the line of division which separates industry from agriculture, commerce and other non-industrial occupations), and provide, as soon as they are available, extracts of reports of the labour inspection services and general indications on the manner in which the Convention is applied, as requested in the report form (Part V).