Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the amendments made to the Labour Code in 1996. It would draw the Government’s attention to the following points:

Article 3, paragraph 3, of the Convention. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958 concerning medical examination of workers prior to their employment and at regular intervals, read together with list 2 annexed to the Ordinance, requires medical re-examinations in intervals of three to six months for specific types of work. It also notes that section 304 of the Labour Code, 1996, provides for the periodical amendment and review, at least every three years, of the list to be established which indicates dangerous jobs forbidden for persons between 16 and 18 years of age. In the light of this provision of the Labour Code, the Committee would request the Government to indicate whether the above Ordinance has been subject to amendments, in particular with regard to list 2, annexed to the Ordinance, which contains an enumeration of work considered dangerous or harmful to the health of workers.

Article 4, paragraph 2. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958, in conjunction with list No. 2, which is annexed to the Ordinance, specifies the periodicity of medical examinations to be carried out for the different activities. With regard to the provision of section 304 of the Labour Code, 1996, the Committee would ask the Government to indicate whether amendments have been adopted in this respect.

Article 5. The Committee understands from the Government’s indications that all medical examinations do not involve the child, young person or his parents in any expense. It would nevertheless request the Government to indicate whether it is intended to take legislative measures which provide that medical examinations for fitness for employment are free of expense for the child, young person or his parents.

Article 6. The Committee would request the Government to supply updated information on the current measures taken for vocational and physical 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 would further ask for updated information regarding the status of national legislation providing for the issue: (a) of temporary work permits or medical certificates valid for a limited period of time; or (b) of permits or certificates requiring special conditions of employment, to children and young persons, whose fitness for employment is not clearly determined.

Article 7, paragraph 1. Pursuant to section 303, subsection 3 of the Labour Code, 1996, the permission of employment issued by the Labour Inspectorate on the basis of the results of the medical examinations constitutes a prerequisite for the employer to employ a young person. The Committee would request the Government to explain which national law or regulation provides that the documents certifying the fitness for employment are available to the labour inspectors at any time.

Article 7, paragraph 2. With regard to the methods of supervision, other than those described in Article 7, paragraph 1, of the Convention, which are to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons, the Committee notes that the national legislation does not contain any specific provisions. The Government is accordingly requested to supply information on the other methods of supervision adopted by national law and regulations which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons.