Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

With reference to its previous comments concerning Articles 2, 3, 4 and 6 of the Convention, the Committee notes that by means of Decree No. 188/91, of 14 May 1991, section 42 of Regulations No. 7676, of 6 October 1951, have been amended. In its current wording, the above section provides that "persons under 16 years of age shall not be admitted to employment unless they have been subjected to a thorough medical examination declaring them fit for the work in which they are to be employed" (subsection 1), "the fitness of young persons for employment shall be subject to an annual medical inspection until they reach the age of 16 years" (subsection 2), "in the case of work which presents a high risk to the health of young persons, the medical examination shall be repeated every three months" (subsection 3).

The Committee notes that Decree No. 188/91 does not give effect to the provisions of the Convention, which requires a medical examination for fitness for work for persons under 18 years of age and medical supervision until the same age. Furthermore, it also requires the repetition of medical examinations for fitness for work in occupations which involve high health risks, where the medical examination for fitness for work and its repetition at intervals shall be required until at least the age of 21 years.

The Committee also notes the draft Labour Code, which was communicated to the ILO for an examination of its conformity with the international labour standards that have been ratified by the Dominican Republic.

Section 252 of the draft Labour Code sets out the obligation to issue a medical certificate certifying the physical fitness of persons under 16 years of age when they work in enterprises of any type.

The Committee hopes that section 252 of the draft Labour Code will be amended by complementing the provisions of Article 2 of the Convention with the requirement for a medical examination for fitness for employment for persons aged 18 years. The Committee also hopes that, when adopting the Labour Code, the other provisions of the Convention (Articles 3, 4 and 6) will be taken into account and that Decree No. 188/91 will be amended accordingly.