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The Committee notes the Government’s report.
Article 4, paragraphs 1 and 2, of the Convention. Medical re-examination of fitness for employment until the age of 21 years. In its previous comments, the Committee reminded the Government that, apart from the general examination provided for by Articles 2 and 3 of the Convention, provision has to be made under Article 4 of the Convention, in respect of occupations which involve high health risks, for a medical examination of fitness for employment and for re-examination until at least the age of 21 years. It also reminded the Government that the national legislation must define the jobs or categories of jobs for which this examination of fitness is required. The Committee requested the Government to adopt the necessary measures to bring its national legislation into conformity with the Convention on this point.
While taking due note of the information supplied by the Government concerning the specific register of workers under the age of majority established by resolution No. 701 of 3 October 2006, the Committee observes that although this is a protective measure, it concerns only young persons between 14 and 18 years of age and does not meet the requirements of Article 4 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to provide, in respect of occupations involving high health risks, for an examination of fitness for employment and for re-examination until at least the age of 21 years. It also requests the Government to define the occupations or categories of occupations in respect of which such an examination is required.
Article 6, paragraph 1. Measures for vocational guidance and physical and vocational rehabilitation of children and young persons declared unable to work. Noting the absence of information in the Government’s report, the Committee again requests it to take the necessary measures to provide for the physical and 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. It asks the Government to supply information in this regard.
Part V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s information that no figures are available. The Committee hopes that, in view of the establishment of the specific register of young workers, the Government will be in a position to supply in its next report statistical data on the number of children and young persons who are working and who have undergone the medical examinations provided for by the Convention, extracts of inspection reports relating to infringements reported and penalties imposed, and also any other information concerning the application of the Convention in practice.
The Committee notes the information contained in the Government’s report. It notes in particular that the Directorate General for the Protection of Minors of the Ministry of Justice and Labour is promoting the reform of the national legislation in order to bring it into conformity with the Convention. The Committee hopes that the abovementioned reform will enable the national legislation to be brought into harmony with the Convention, and repeats its comments on the following points, to which it has been referring for many years.
Article 4, paragraphs 1 and 2, of the Convention. The Committee notes that, according to section 188(c) of the Labour Code, young persons under the age of 18 must undergo a yearly physical and mental fitness examination. The Committee recalls that, as it has already pointed out, as well as the general examination provided for in Articles 2 and 3 of the Convention, according to Article 4 of the Convention in occupations which involve high health risks medical examination and re examinations for fitness for employment must be required until the age of at least 21 years. According to the same Article, national laws or regulations must specify the occupations or categories of occupations in which such an examination shall be required. The Committee notes with concern that the draft Children and Young Persons Code contains no provision to give effect to this Article of the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that the above draft provides that in occupations which involve high health risks for workers under the age of majority, the latter shall undergo a medical examination and re examinations for fitness for employment until at least the age of 21 years. Provision must also be made for the national legislation to specify the occupations or categories of occupations for which such examinations are to be required.
Article 6, paragraphs 1 and 2. The Committee notes that there are no vocational guidance and physical and vocational rehabilitation measures for young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee asks the Government to take appropriate steps to include in the Bill to amend the legislation the necessary provisions to give proper effect to this Article of the Convention.
Lastly, the Committee asks the Government to supply, in accordance with Part V of the report form, statistical data on the number of children and young persons who are employed and who have undergone the medical examinations provided for in the Convention, extracts of inspection reports relating to infringements reported and the sanctions imposed, together with any other information showing how the Convention is applied in practice.
The Committee notes the information supplied by the Government in its report.
1. Article 4 of the Convention. In its previous comments on the preliminary draft of the new Labour Code prepared by the Paraguayan Institute of Labour, the Committee observed that the text includes no provision to give effect to this Article of the Convention.
Referring to section 275 of the Labour Code, adopted by Act No. 213 of 29 June 1993, the Committee observed that the employer must provide a periodical medical examination for each worker, and pay the cost, and that a regulation would determine the time and form for conducting periodical medical examinations which shall be relevant to the risks involved in the worker's occupation. The Committee hopes that the regulation in question will be adopted shortly and requests the Government to send it a copy.
2. Article 6, paragraphs 1 and 2. For a number of years the Committee has drawn the Government's attention to the need to adopt appropriate measures for the vocational guidance and physical and 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, and for cooperation between the labour, health, education and social services, in order to determine the nature and extent of such measures and to carry them out.
In its communication at the end of 1992, the Government stated that in order to partly resolve the problem it would be necessary to bring into force a ministerial resolution, the draft of which was attached to the communication. The Committee noted the text and indicated that it included provisions which could give effect to the two paragraphs cited of Article 6 of the Convention. Since no information has been given on the approval of this resolution, the Committee would be grateful if the Government would inform it whether the resolution in question has been adopted and supply a copy of the text.
Article 6, paragraphs 1 and 2, of the Convention. In previous comments, the Committee has drawn the Government's attention to the need to adopt appropriate measures for the vocational guidance and physical and 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, and for cooperation between the labour, health, education and social services, in order to determine the nature and extent of such measures and to carry them out.
In its last report, the Government indicates that measures to ensure the formal application of the above-mentioned provisions of the Convention are included in the preliminary draft of the new Labour Code prepared by the Paraguayan Institute of Labour and that the above draft is now before the National Parliament.
The Committee notes the provisions on the medical examination of children and young persons contained in the above draft and observes that the latter includes no provision to give effect to Article 4 of the Convention under which, in occupations which involve high health risks medical examinations and re-examinations for fitness for employment shall be required until at least the age of 21 years.
The Committee hopes that the Government will take the necessary measures to ensure that the new Code takes into account the provision contained in Article 4 of the Convention and that it will provide a copy of the Code as soon as it has been adopted.
Article 6, paragraphs 1 and 2, of the Convention. With reference to its previous comment, the Committee notes from the information supplied in the Government's report that appropriate measures have not yet been adopted to ensure the formal application of these provisions of the Convention which provides for: (a) the vocational guidance and physical and 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; and (b) co-operation between the labour, health, educational and social services in order to determine the nature and extent of such measures and to carry them out.
The Committee draws attention to the type of measures liable to give effect to this Article of the Convention as enumerated in paragraph 9 of Recommendation No. 79 (medical treatment, adapted vocational instruction or education, financial aid). It trusts that suitable provisions will be adopted in the near future and requests the Government to report them immediately to the Office.