Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the Government’s report. It asks the Government to provide information on the following points.

The Committee recalls that in its 1995 report the Government stated that Order No. 3773 of 25 November 1954 was to remain in force pending adoption of the texts to implement the new Labour Code. Given that the abovementioned order gives effect to some provisions of the Convention and that the Labour Code came into force in 1994, the Committee asks the Government to indicate whether the Order is still in force or whether it has been replaced by new texts and, in the latter case, to provide a copy of them.

Article 2, paragraph 1, of the Convention. The Committee notes that, under section 207 of the Labour Code, the initial medical examination is compulsory only for children under 18 years and not, as the Convention provides, for persons under 21 years of age. It therefore asks the Government to take steps to make the initial medical examination compulsory for all workers under 21 years of age. The Committee also notes that section 220 of the Labour Code provides that special orders will be issued for certain specific industries including mining whereas, under section 221, requirements regarding medical examinations must be established in decrees. It asks the Government to indicate whether any such rules have been adopted, and if so, to provide a copy of them.

Article 3, paragraph 2. The Committee recalls that it has pointed out for several years that the national legislation establishes no requirement for an X-ray film of the lungs at the initial medical examination. The Committee therefore hopes that the Government will shortly incorporate such a provision into the legislation.

Article 4, paragraphs 4 and 5. The Committee notes that section 257 of the Labour Code requires employers to keep up-to-date records according to a model established by an Order of the Minister of Labour. It asks the Government to provide a copy of this Order. The Committee notes that section 257 of the Labour Code requires the records to be made available to the labour inspector. It asks the Government to state whether any law or regulation requires the information in the register to be made available to workers’ representatives, at their request, in accordance with Article 4, paragraph 5, of the Convention.

Article 5. The Committee notes that section 251 of the Labour Code provides for the establishment of an advisory committee on safety and health at work, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. Since the text has not been sent, the Committee would be grateful if the Government would provide a copy.

With reference to its earlier direct requests, the Committee again asks the Government to provide a copy of the collective labour agreement for mining and allied enterprises which is currently in force.