Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Algeria (RATIFICATION: 1962)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 (industry) and 78 (non-industrial occupations) together.

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee requested the Government to indicate measures taken for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes the Government’s reference in its report to the Act No. 02-09 of May 8, 2002 concerning the protection and promotion of persons with disabilities, which aims, amongst others, to provide compulsory education and vocational training for children and young persons with disabilities (section 3(4)). Pursuant to section 16 of the Act No. 02-09 of May 8, 2002, vocational training for persons with disabilities is carried out free of charge in specialized establishments that can also provide accommodation and psychosocial support and medical treatment in coordination with parents of persons with disability and relevant bodies. The Committee further observes from the website of the Ministry of Vocational Training and Education of Algeria that persons with disabilities can be also provided with distance learning and apprenticeship programmes and that priority for accessing vocational training programmes is given to young persons with disabilities.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee previously noted that children engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine.

The Government indicates in its reply that labour inspectors carry out monitoring of the application of labour legislation relating to the protection of young persons. However, the Committee recalls that, pursuant to Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents (for example, a requirement for the person concerned to be in possession of a document recording the medical examination). The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment 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 have access.

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In order to provide a comprehensive view of the issues relating to the application of the Conventions on medical examination of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

The Committee notes that a new Labour Code is being adopted and hopes that the new Code will take account of the matters addressed in the context of the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), and the Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78).

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee previously noted that section 93 of Act No. 85-05 of 16 February 1985 concerning health protection and promotion provided for regulations to be adopted on appropriate measures for the rehabilitation and integration in society of persons with disabilities, and asked the Government to provide a copy of the regulations adopted to apply this provision. The Committee also noted that sections 13 and 14 of Executive Decree No. 93-120 of 15 May 1993 concerning the organization of occupational medicine envisage appropriate measures allowing for the adaptation of workstations or the transfer of posts based on the findings of medical examinations. The Committee noted more particularly that, according to section 13, one of the purposes of clinical and para-clinical examinations is to suggest possible adaptations of the workstation or to identify posts to which, from a medical perspective, the worker may not be assigned and those which would suit him/her better; and that, under section 14, any transfer is subject to a further medical examination to ensure that the worker is fit for the post envisaged. The Committee reiterates that, under Article 6(1) of the Convention, the competent authority must take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work, but also for their physical and vocational rehabilitation. Accordingly, Article 6(2) provides that cooperation shall be established between the labour, health, educational and social services and effective liaison maintained between them. The Committee referred in this connection to Paragraphs 9 and 10 of the Medical Examination of Young Persons Recommendation, 1946 (No. 79), which contain further indications on measures to be taken by the national authority to give effect to the provisions of this Article of the Convention. The Committee notes with regret that there is once again no information on this matter in the Government’s report. The Committee again requests the Government to indicate whether measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, education and social services and to maintain effective liaison between them.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that children engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine. The Government also stated that the Act concerning health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information sent by the Government, the Committee recalled that, according to Article 7(2)(a) of the Convention, measures of identification shall be adopted for ensuring the application of the system of medical examination for fitness for employment 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 public places (for example, a requirement for the person concerned to be in possession of a document recording the medical examination).

The Committee noted the Government’s statement that the matter of applying the prior medical examination to children and young persons engaged on their own account or on that of their parents in itinerant trading or any other occupation carried on in the streets or in public places would be dealt with in the context of the draft Labour Code. Noting the lack of information on this matter, the Committee requests the Government to indicate the progress made regarding the adoption of the new Labour Code. The Committee also requests the Government to indicate to what extent the new Labour Code will ensure the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or that of their parents in itinerant trading or in any other occupation carried on in the streets or in public places, in accordance with Article 7(2)(a) of the Convention.

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Articles 2(2) and 7(2)(a) of the Convention. Children engaged either on their own account or on account of their parents. In its previous comments the Committee noted that children engaged on their own account or on account of their parents, in itinerant trading, or in any other occupation carried out in the streets or in public places, were not subject to prior medical examination. The Government stated that such children and young persons are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act, No. 88-07 of 26 January 1988 and its enabling regulations, including Executive Decree No. 93 120 of 15 May 1993 on the organization of occupational medicine. The Government also stated that Act No. 85-05 of 16 February 1985 on the protection and promotion of health allows these children access to free treatment through the national health sectors. While noting the information sent by the Government, the Committee recalled that, according to Article 7(2)(a) of the Convention, measures of identification shall be adopted for ensuring the application of the system of medical examination for fitness for employment 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 public places (for example, a requirement for the person concerned to be in possession of a document recording the medical examination).

The Committee notes the information supplied by the Government to the effect that the matter of applying the prior medical examination to children and young persons engaged on their own account or on that of their parents, in itinerant trading, or any other occupation carried on in the streets or in public places will be dealt with in the context of the draft Labour Code. The Committee expresses the firm hope that the Government will take the necessary steps in the near future, in the context of the new draft Labour Code, to ensure the supervision of the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or that of their parents, in itinerant trading, or in any other occupation carried on in the streets or in public places, in accordance with Article 7(2)(a) of the Convention. It requests the Government to provide information on this matter in its next report.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

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Articles 2(2) and 7(2)(a) of the Convention. Children engaged either on their own account or on account of their parents. In previous comments, the Committee noted that young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access are not subject to prior medical examination. The Government indicated that these children have access to care through the national health sectors. The Committee noted that sections 2 and 17 of Act No. 88 07 of 26 January 1988 on occupational health, safety and medicine [hereafter, Occupational Health, Safety and Medicine Act], read in conjunction with section 13 of Executive Decree No. 83-120 of 15 May 1993 on the organization of occupational medicine, seems to cover the abovementioned children and young persons also. It requested the Government to indicate whether the legislation does apply to this category of children and young people.

In its report, the Government stated that 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 have access are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act and the regulations adopted for its application. Furthermore, the Government indicated once again that Act No. 85-05 of 16 February 1985 regarding health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information supplied by the Government, the Committee recalled once again that, under the terms of Article 7(2)(a) of the Convention, measures of identification are to be adopted for ensuring the application of the system of medical examination for fitness for employment 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 have access (the person concerned must, for example, be in possession of a document recording the medical examination). The Committee therefore requests the Government to take the necessary measures in the very near future to ensure the application of the system of medical examination of fitness for employment 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 have access, in accordance with Article 7(2)(a) of the Convention.

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Article 2, paragraph 2, and Article 7, paragraph 2(a), of the Convention. Children engaged either on their own account or on account of their parents. In previous comments, the Committee noted that young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access are not subject to prior medical examination. The Government indicated that these children have access to care through the national health sectors. The Committee noted that sections 2 and 17 of Act No. 88-07 of 26 January 1988 on occupational health, safety and medicine [hereafter, Occupational Health, Safety and Medicine Act], read in conjunction with section 13 of Executive Decree No. 83-120 of 15 May 1993 on the organization of occupational medicine, seems to cover the abovementioned children and young persons also. It requested the Government to indicate whether the legislation does apply to this category of children and young people.

In its report, the Government states that 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 have access are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act and the regulations adopted for its application. Furthermore, the Government indicates once again that Act No. 85-05 of 16 February 1985 regarding health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information supplied by the Government, the Committee recalls once again that, under the terms of Article 7(2)(a) of the Convention, measures of identification are to be adopted for ensuring the application of the system of medical examination for fitness for employment 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 have access (the person concerned must, for example, be in possession of a document recording the medical examination). The Committee therefore requests the Government to take the necessary measures in the very near future to ensure the application of the system of medical examination of fitness for employment 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 have access, in accordance with Article 7(2)(a) of the Convention.

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The Committee notes the information provided by the Government in reply to its previous comments. It would be grateful to be provided with additional information on the following points.

Articles 2, paragraph 2, and 7, paragraph 2(a), of the Convention. The Committee notes that young persons engaged 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 have access are not subject to prior medical examination. However, the access of these young people to care is possible through the health sectors of the country. The Committee nevertheless notes that section 2, in conjunction with section 17 of Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine, and section 13 of Executive Decree No. 93-120 of 15 May 1993 respecting the organization of occupational medicine, also appear to cover the above children and young persons. It requests the Government to indicate whether the above legislation applies in practice to this category of children and young persons and, if not, requests the Government to indicate the measures that it intends to take to give effect to Article 2, paragraph 2, of the Convention.

The Committee once again reminds the Government that the Convention, under the terms of Article 7, paragraph 2(a), requires the adoption of measures of identification to ensure the application of the system of medical examination for fitness for employment 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 (with the person concerned being placed under the obligation, for example, to be in possession of a document referring to the medical examination). The Committee hopes that the Government will take the necessary measures in the very near future and that its next report will indicate the progress achieved in this respect.

The Committee also notes the Government’s indication that an inter-ministerial commission on child labour was established in March 2003 to examine the implementation of the health measures designed for young workers under 16 years of age who are not employees. It infers that the inter-ministerial commission has the principal objective of adopting general measures related to public health insurance. While noting the utility of such measures, the Committee reminds the Government that the Convention applies to children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations.

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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 matters raised in its previous direct request, which read as follows:

The Committee invites the Government to refer to the comments made under Convention No. 77.

Article 7(2)(e) of the Convention. Further to its previous comments, the Committee recalls again that the Convention prescribes the adoption of measures of identification for ensuring the application of the system of medical examination for fitness for employment 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 have access (for example, the person concerned must have a medical examination document).

The Committee notes that the Government’s last report contains no information on measures taken or envisaged to give effect to this provision of the Convention. It hopes that such measures will be adopted in the very near future and requests the Government to indicate any progress on this matter.

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The Committee notes 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 matters raised in its previous direct request, which read as follows:

The Committee requests the Government to refer to the comments made under Convention No. 77.

  Article 7(2)(e) of the Convention. Further to its previous comments, the Committee recalls again that the Convention prescribes the adoption of measures of identification for ensuring the application of the system of medical examination for fitness for employment 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 have access (for example, the person concerned must have a medical examination document).

The Committee notes that the Government’s last report contains no information on measures taken or envisaged to give effect to this provision of the Convention. It hopes that such measures will be adopted in the very near future and requests the Government to indicate any progress on this matter.

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The Committee notes 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 matters raised in its previous direct request, which reads as follows:

The Committee requests the Government to refer to the comments made under Convention No. 77.

Article 7(2)(e) of the Convention.  Further to its previous comments, the Committee recalls again that the Convention prescribes the adoption of measures of identification for ensuring the application of the system of medical examination for fitness for employment 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 have access (for example, the person concerned must have a medical examination document).

The Committee notes that the Government’s last report contains no information on measures taken or envisaged to give effect to this provision of the Convention. It hopes that such measures will be adopted in the very near future and requests the Government to indicate any progress on this matter.

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The Committee notes with regret that no report has been received from the Government. 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 raised in its previous direct request:

In its comments, the Committee has noted for a number of years the absence of provisions to give effect to the following Articles of the Convention: Article 2, paragraph 1, of the Convention (prohibition from employing children and young persons under 18 years of age unless they have been found fit for the work in which they are to be employed); Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuing of the certificate of fitness); Article 3 (medical supervision to be maintained until the age of 18 years); Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks); Article 5 (medical examinations not to involve the child or young person, or his parents, in any expense); Article 7, paragraph 2(a) (measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their 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 have access.

The Committee noted the adoption of Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine, and the Government's intention to adopt the implementing regulations provided for under section 17 of the Act (compulsory medical examinations and special medical supervision for apprentices). In its report for the period 1989-90, the Government indicated that these regulations were in the process of being adopted.

The Committee hopes that the regulations in question will be adopted very shortly and that they will give full effect to the above-mentioned provisions of the Convention.

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The Committee requests the Government to refer the comments made under Convention No. 77, as follows:

1. Article 4, paragraph 2, of the Convention. The Committee notes that, under section 3 of Executive Decree No. 93-120 of 15 May 1993, an inter-ministerial order will specify the occupations which involve high health risks. The ministers responsible for labour and health respectively must lay down in this regulation the occupations which involve high health risks. The Committee requests the Government to supply a copy of this text as soon as it is adopted.

2. Article 6. The Committee notes that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides appropriate measures for rehabilitation and integration in society of persons suffering from handicaps. It requests the Government to send a copy of the regulations adopted under this legislation.

Article 7, paragraph 2(a), of the Convention. Further to its previous comments, the Committee recalls again that the Convention prescribes the adoption of measures of identification for ensuring the application of the system of medical examination for fitness for employment 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 have access (for example, the person concerned must have a medical examination document).

The Committee notes that the Government's last report contains no information on measures taken or envisaged to give effect to this provision of the Convention. It hopes that such measures will be adopted in the very near future and requests the Government to indicate any progress on this matter.

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The Committee notes with satisfaction the adoption of Executive Decree No. 93-120 of 15 May 1993 on the organization of occupational medicine which gives effect to several provisions of the Convention to which previous comments related.

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The Committee takes note of the information supplied by the Government in its report.

In its comments, the Committee has noted for a number of years the absence of provisions to give effect to the following Articles of the Convention: Article 2, paragraph 1, of the Convention (prohibition from employing children and young persons under 18 years of age unless they have been found fit for the work in which they are to be employed); Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuing of the certificate of fitness); Article 3 (medical supervision to be maintained until the age of 18 years); Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks); Article 5 (medical examinations not to involve the child or young person, or his parents, in any expense); Article 7, paragraph 2(a) (measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their 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 have access.

The Committee noted with interest the adoption of Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine, and the Government's intention to adopt the implementing regulations provided for under section 17 of the Act (compulsory medical examinations and special medical supervision for apprentices). In its last report, the Government indicates that these regulations are in the process of being adopted.

The Committee expresses the hope that the regulations in question will be adopted very shortly and that they will give full effect to the above-mentioned provisions of the Convention.

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The Committee notes with interest the adoption of Act No. 88-07 of 26 January 1988 respecting health, safety and occupational medicine. It trusts that the regulations provided for under section 17 of the Act will be issued in the near future and will ensure that effect is given to the following provisions of the Convention: Article 2, paragraph 1, of the Convention (prohibition from employing children and young persons under 18 years of age unless they have been found fit for the work in which they are to be employed); Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuing of the certificate of fitness); Article 3 (medical supervision to be maintained until the age of 18 years); Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks); and Article 5 (medical examinations not to involve the child or young person, or his parents, in any expense); Article 7, paragraph 2(a) (measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either or 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 have access).

The Committee trusts that the next report will contain full information on these points and, if appropriate, a copy of the regulations issued under the above Act.