Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

Article 2(1) and (2) of the Convention. Preliminary medical examination by a qualified physician. With reference to its previous comments, the Committee notes the Government’s information that section 22 of the Labour Code, as amended by Act No. 536 of 24 July 1996, makes a medical examination obligatory prior to employment of young persons aged 14 to 18 years. The Committee notes that, in addition to the provisions discussed in its previous comments, section 21 of the draft amendment to the Labour Code, which was prepared by the tripartite committee set up by the Ministry of Labour’s Order No. 210/1 of 2000, prohibits the employment or engagement of young persons before undergoing a thorough medical test, which could include clinical, laboratory and X-ray tests if necessary, and which proves their fitness to fulfil the required work. Furthermore, the Committee notes that Decree No. 6341 of 24 October 1951 on the organization and safety and health in companies was annulled by virtue of Decree No. 11802 of 30 January 2004 regarding the organization of safety and hygiene in all establishments. According to section 34 of Decree No. 11802, all undertakings governed by the Labour Code in which the number of workers exceeds 15 are required to have a doctor who shall act as the “workmen’s doctor”. The Committee notes the Government’s information that in the case of undertakings that employ less than 15 workers, the workers are referred to a physician, who is not necessarily the physician of the workplace, chosen by the owner of the undertaking, by virtue of the mandatory provisions which obligate young persons under the age of 18 years to undergo a medical examination prior to employment. The Committee expresses the hope that the draft amendment to the Labour Code will be adopted in the near future and requests the Government to keep it informed of any progress made in this regard.

Articles 3(2) and 4(1). Medical re-examination for fitness for employment of persons under 18 and for employment in occupations involving high health risks and repetition until the age of 21 years. In its previous comments, the Committee had noted that section 22 of Act No. 536 of 24 July 1996 refers to the medical examination conducted after beginning the employment for young persons under 18 years, and that section 1 of Order No. 157/1 of 2 August 2000 provides for the continuation of medical examination of young persons until the age of 21, for those who are engaged in work hazardous to health. The Committee notes the Government’s information that the draft amendment to the Labour Code provides for the repetition of the medical examination of young persons under 18 years at closer intervals than annually to ensure an efficient supervision of their medical condition with regard to the risks of their work. The Committee requests the Government to provide more detailed information on the repetition of the medical examination of young persons under 18 years, as provided for by the draft amendment to the Labour Code, and, more specifically, the precise interval of time which is provided for between each medical examination for these young persons. The Committee also requests the Government to indicate the intervals at which the medical re-examination is repeated for persons between 18 and 21 years engaged in work which involves high health risks, in accordance with Article 4(1) of the Convention.

Article 6. Vocational guidance and rehabilitation of children and young persons found unsuited for work. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Affairs resorts to the non-governmental sector to provide a cluster of services to young persons, which include the following: the provision of vocational guidance to young persons who wish to follow up their vocational guidance education and registration in specialized institutions; and the provision of vocational training to young persons on occupations and crafts which suit their health conditions and wishes. It observes, however, 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. The Committee notes the Government’s information that the comments of the Committee on Article 6 of the Convention will be submitted to the Upper Council for Childhood, which is comprised of representatives of the Ministries of Labour, Social Affairs, Justice, Public Health, Education and Higher Education, Foreign Affairs, Culture, Interior and Municipalities, Finance, Youth and Sports, and Information, for consideration. The Committee expresses the hope that the Government, along with the collaboration of the Upper Council for Childhood, will undertake the necessary action as soon as possible in order to ensure effective application of Article 6 of the Convention. It asks the Government to supply information on any progress made in this regard.

Article 7(2). Enforcement of the Convention. The Committee notes the Government’s information that the Ministry of Public Health is currently updating the national legislation with regard to medical certificates and is preparing a draft decree on the identification of laboratory examinations, the manner in which they are carried out, and their timing. The Ministry of Public Health is also currently formulating a statute on the required clinical and physical examinations according to occupations. The Committee invites the Government to continue providing information on any progress made in this matter and on any other measures taken or envisaged to ensure the strict enforcement of the Convention.