Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the response provided with regard to effect given to Article 13 of the Convention, and the Government’s statement that Regulation No. 297 has been repealed and replaced by Cabinet Regulation No. 149 of 9 April 2002, regarding protection against ionizing radiation. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response indicating that in accordance with paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the effect of the specific factor of the work environment harmful to their health. The Government further states that where alternative employment is not possible, the employer has the right, under section 101 of the Labour Law, to terminate the employment. The Committee refers the Government to paragraph 32 of its 1992 general observation on the Convention and asks the Government to provide information on measures undertaken or envisaged to ensure that a worker, whose continued employment in a particular job is prohibited for health reasons, is provided with suitable alternative employment or able to maintain their income through social security measures or otherwise.