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Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Honduras (RATIFICATION: 1960)

Other comments on C078

Observation

2023
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The Committee notes the observations of the Honduran National Business Council (COHEP) received on 30 August 2022. It requests the Government to provide its reply to these observations.

Article 4 of the Convention. Medical examination until the age of 21 years. In its report, the Government once again indicates that, without prejudice to the fact that the Protected Adolescent Work Regulations and the Child Labour Regulations do not apply to young workers aged between 18 and 21 years, these workers are protected by the applicable Labour Code, as well as the General Regulations on measures to prevent occupational accidents and diseases. Section 46(2)(a) of these Regulations, applicable to all enterprises and workers, determine the conditions under which medical examinations are required. However, the Committee notes with concern, from the observations of the COHEP, that there is still no provision in the national legislation requiring young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo medical examination and re-examinations for fitness for employment. The Committee once again recalls that Article 4 of the Convention sets the requirement that national laws or regulations shall either specify or empower an appropriate authority, not the employer, to specify the occupations or categories of occupations in which medical examinations and re-examinations for fitness for employment shall be required until the age of 21 years. The Committee urges the Government to give effect to its engagement, contracted 50 years ago, and take the necessary measures to ensure that the national legislation lays down an obligation for young persons between the ages of 18 and 21 years who are authorized to carry out unhealthy or hazardous work to undergo a medical examination and re-examinations for fitness for employment.

Article 7(2). Ensuring the application of the system of medical examination for fitness for employment to children employed either on their own account or on account of their parents, and application of the Convention in practice. The Committee notes, from the observations of the COHEP, that there has not been any tripartite dialogue held with the view of establishing a system of medical examination for fitness for employment for children and young persons employed on their own account or on account of their parents. However, the COHEP refers to the Protected Adolescent Work Regulations, approved by Executive Agreement of 14 December 2020, in which the procedure for the medical examination of young persons is set out in section 9, and the Committee notes that, in application of section 119 of the Code for Children and Young Persons, this also applies to children working on their own account. Indeed, the Committee notes with interest that section 119 of the Code for Children and Young Persons provides that the employment of children is subject to the prior authorization of the Secretary of State in the Offices of Labour and Social Security, and that the same authorization is required for “children who intend to carry out independent work, that is, those in which there is no remuneration or a contract or working relationship”. However, the Committee notes that neither the Code for Children and Young Persons nor the Protected Adolescent Work Regulations set out measures of identification for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee therefore requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents.