Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (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The Committee notes the provision of section 22 of the Labour Code which prescribes that the medical certificate may be withdrawn at any time if it is noted that the young person is no longer fit to carry out the work for which he has been employed.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.