Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

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.