Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - New Caledonia

The Committee notes the information supplied by the Government in its report.

Article 2(1) of the Convention.  The Committee notes in particular that, under the aegis of the Labour Directorate in cooperation with the employers’ and workers’ organizations, Decision No. 266/CP concerning a number of social measures was adopted on 17 April 1998. It notes that, according to the Government’s reports, this text makes a medical examination, preferably before hiring, an obligation and lays down rules for the temporary employment of children of 14 years and over during school holidays. The Committee recalls that this provision of the Convention is not fully complied with unless the medical examination takes place prior to hiring. It therefore asks the Government to inform it of the measures adopted or envisaged to bring the legislation into conformity with the provisions of the Convention.

Article 7(2)(a).  The Committee recalls that in its previous comments it noted that the national legislation included no specific provisions for 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 any other occupation carried on in the streets or in a public place. The Committee asks the Government to state whether the provisions of Decision No. 266/CP of 17 April 1998 can serve as the basis for a system of medical examination for fitness for employment for children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or a public place and, if not, what measures it has taken or envisages in order to bring its legislation into line with the provisions of the Convention.

The Committee asks the Government to enclose a copy of Decision No. 266/CP of 17 April 1998 in its next report so that the Committee can ascertain whether its provisions are consistent with those of the Convention.