Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. Medical examination. In reference to its previous comments, the Committee notes that section 3, paragraphs 1 and 3, of Decision No. 266 of 17 April 1998 concerning a number of social measures [hereinafter, Decision No. 266 of 17 April 1998] provides that children over 14 years of age who work shall undergo a medical examination with an occupational physician before being hired or, at the latest, before the end of the trial period following hiring. The Committee also notes that section 24, paragraph 1, of Decision No. 50/CP of 10 May 1989 on occupational medicine [hereinafter, Decision No. 50 of 10 May 1989] provides that all employees shall undergo a medical examination before being hired or, at the latest, before the end of the trial period following hiring. In its report, the Government indicates that all employees are required to undergo a medical examination before being hired. However, in order to maintain a certain flexibility, particularly because of constraints in respect of the availability of the Occupational Inter-enterprise Medical Service (SMIT), established under the Social Protection Fund of New Caledonia (CAFAT), this examination may be carried out until the end of the trial period. In this regard, the Government indicates that, since the workers involved are young persons between 14 and 16 years of age who can only be employed during school holidays, the trial period cannot exceed a period of one day, or, for a two-month contract, eight days. According to the Government, the brevity of this trial period, together with the labour inspectorate’s verification that the working conditions of the young employee comply with the constraints imposed by the regulations in respect of the type of work he may perform, give full effect to the medical examination requirement.

While noting the information communicated by the Government, the Committee recalls that, under Article 2, paragraph 1, of the Convention, children and young persons under 18 years of age shall not be admitted to employment by an industrial undertaking unless they have been found fit for the work for which they are to be employed by a thorough medical examination. The Committee, noting the Government’s indication that all employees are required to undergo a medical examination before being hired, asks it to provide information on the application of section 3, paragraphs 1 and 3, of Decision No. 266 of 17 April 1998, and section 24, paragraph 1, of Decision No. 50 of 10 May 1989, and to indicate, in particular, whether the possibility envisaged by these two provisions, namely to carry out the medical examination for fitness for employment at the latest before the end of the trial period following hiring, occurs frequently in practice.