Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters which were raised in its previous direct request.

Article 1 and Article 2, paragraph 1 (first phrase), of the Convention. The Labour Code and Decree No. 6341 of 1951, which were referred to by the Government, cover only undertakings that employ workers "for remuneration", whereas the Convention covers children and young persons admitted "to employment or work" in non-industrial occupations, whether they are wage earners or not. Moreover, under section 7, items 1 and 4, of the above-mentioned Code, domestic workers and certain government or municipal employees (on probation or on a daily basis) are excluded from its scope and, accordingly, from that of Decree No. 6341. Since such exceptions are not provided for by the Convention, the Committee asks the Government to state how full effect is given to this instrument on the points in question.

Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Articles 4, 6 and 7. See under Convention No. 77, as follows:

1. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Article 4. Section 23 of the Labour Code prohibits the employment of young persons under 16 years of age, except on certain types of work, for which a medical certificate of fitness is required. Section 16 of Decree No. 6341 of 1951 provides for the medical examination of all wage earners at the time of recruitment and for a periodical examination during their period of service. The above-mentioned provisions of the Convention lay down that a young person under 18 years of age shall not be admitted to employment unless he has been found fit by a thorough medical examination, that this examination shall be repeated at intervals of not more than one year and that, for certain dangerous forms of work, medical examination and re-examination for fitness for employment shall be carried out until the age of 21 years. The Committee therefore asked the Government to state:

(a) whether the examinations provided for by section 16, subsection 2, of Decree No. 6341 are carried out at intervals of less than one year for young persons up to 18 years of age and at more frequent intervals in special circumstances relating to the risks of the occupation and the state of health of the young person;

(b) whether this frequency is maintained until the age of 21 years for certain dangerous forms of work;

(c) whether the above-mentioned medical examinations up to the age of 18 or 21 years, as the case may be, are also required for employment in undertakings employing fewer than 20 workers, which, under section 12 of Decree No. 6341, are not required to reserve the services of their own physician.

2. Articles 6 and 7. The Committee asks the Government to state how effect is given to these Articles of the Convention, which prescribe respectively (a) that appropriate measures shall be taken for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have limitations, and (b) the obligation that the employer shall keep available to labour inspectors the medical certificate for fitness for employment and the adoption of other methods of supervision for ensuring the strict enforcement of the Convention.

The comments relating to that Convention are also applicable to Convention No. 78. As regards in particular Article 7 of the latter Convention, the Committee requests the Government to indicate whether measures of identification have been adopted for ensuring the application of the medical examination system to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public has access.