Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2, paragraph 1, of the Convention. Medical examination. The Committee notes that according to sections 146 and 174 of the Labour Code, persons under the age of 21 years shall be admitted to employment in any industry or non-industrial sectors only after a preliminary medical examination. It also notes the Government’s indication that according to section 64 of the Law of the Republic of Tajikistan On Health Protection (hereinafter Law on Health Protection), in order to carry out the systematic control over the state of health and physical development of young persons, they may be admitted to employment only after their preliminary medical examination.

Article 2, paragraph 2. Medical examination by a qualified physician and issue of a medical certificate. The Committee notes the Government’s information that the preliminary and periodical medical examinations of persons under 21 years of age shall be conducted by qualified physicians, medical and sanitary units and the polyclinics within the industrial undertakings, and in their absence by physicians of the territorial establishments at the location of the undertaking, who shall issue a medical certificate. It also notes the Government’s information that the data related to the results of the medical examinations should be recorded in the personal medical books and registered within the medical establishment. The Committee requests the Government to indicate the legal provision which provides that the preliminary and periodic medical examination shall be conducted by qualified physicians, medical and sanitary units and polyclinics within the undertakings. It also requests the Government to indicate the legal provision which requires the physician to issue a medical certificate, and record the results of medical examinations in the medical books.

Article 2, paragraph 3. List of jobs involving health risks. The Committee notes that the Government’s report contains no information on this point. The Committee requests the Government to indicate whether the document certifying fitness for employment prescribes particular conditions for employment and is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Article 2, paragraph 4. Authority competent to draw up a health certificate and conditions of issue. The Committee notes the Government’s information that the Ministry of Health is the competent authority to issue the document certifying fitness for employment. It also notes that, according to section 146(5) of the Labour Code, the procedure for, and the frequency of, medical examinations, the methods of their registration and the issue of personal medical cards to workers are determined by the Ministry of Health. The Committee requests the Government to indicate whether any regulation pursuant to section 146(5) defining the procedure and conditions of issuing a certificate of fitness has been adopted and, if so, to supply a copy of the same.

Article 3, paragraphs 1and 2.  Medical supervision until the age of 18 years and medical examination at intervals of not more than one year. The Committee notes that section 182 of the Labour Code requires every person under the age of 18 years to undergo a preliminary medical examination before being admitted to employment and thereafter to undergo a compulsory annual medical examination until they reach the age of 18 years. The Committee also notes that section 64 of the Law on Health Protection provides similar provision with regard to the medical examination of young persons under 18 years.

Article 3, paragraph 3. Medical re-examination. The Committee notes that according to section 146 of the Labour Code, workers are entitled to carry out additional medical examination if they believe that their health conditions are deteriorating due to their working conditions.

Article 4, paragraphs 1 and 2. Medical examination of fitness for employment in occupations involving high health risks and repetition until the age of 21 years and specification of such occupations. The Committee notes the Government’s information that according to sections 146 and 174 of the Labour Code, medical examination of workers employed in heavy works or in harmful or dangerous working conditions, including those engaged in underground, night work and work related to conducting means of transportation, should be carried out until the worker attains the age of 21 years.

Article 5. Medical examination free of charge. The Committee notes that by virtue of section 146(7) of the Labour Code, medical examination is conducted at the expense of the employer and does not involve any expense for the worker.

Article 6, paragraphs 1 and 2. Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for work and issuing temporary work permits. The Committee notes the information provided by the Government regarding the pre-school, secondary, and higher educational facilities, and rehabilitation programmes as well as social and welfare services for orphans, disabled young persons and disabled people. The Committee observes that these measures appear to provide for the rehabilitation of disabled young persons into secondary and higher education. The Committee requests the Government to indicate specifically the measures taken by the competent authority for the vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations in accordance with Article 6, paragraph 1.

Article 6, paragraph 3. Temporary work permits for a limited period. The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness for employment is not clearly determined, of temporary work permits or medical certificates valid for a limited period at the expiry of which the young worker will be required to undergo re-examination, and of permits or certificates requiring special conditions of employment in accordance with Article 6, paragraph 3, of the Convention.

Article 7, paragraph 1. Availability to labour inspectors of the medical certificate. The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to the employment in accordance with paragraph 1 of this Article.

Part V of the report form. Practical application of the Convention. Noting that the Government has not supplied any information on this point, the Committee requests the Government to provide information, including extracts from the reports of the inspection services and statistical data concerning the number of children and young people who work and have undergone medical examinations provided for in the Convention.