Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Dominican Republic (Ratification: 1973)

Articles 2(1) and 3(1) of the Convention. Thorough medical supervision up to the age of 18 years. In its previous comments, the Committee noted that section 248 of the Labour Code provides that any minor under 16 years of age wishing to carry out any kind of work must undergo a thorough medical examination. It also noted that sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 issuing regulations under the Labour Code (hereinafter, Regulation No. 258-93 of 12 October 1993), provide that working minors shall be under medical supervision until they reach the age of 16 years, as envisaged in section 17 of the Labour Code. The Committee requested the Government to provide information on the measures adopted to raise the age set out in the Labour Code and in Regulation No. 258-93 of 12 October 1993 from 16 to 18 years so that the above texts are brought in compliance with the Convention. It noted the Government’s indications that preparatory work in this regard had concluded that the age established by the Labour Code should be raised and that a resolution relating to Regulation No. 258-93 of 12 October 1993 had already raised the age from 16 to 18 years.

The Committee notes the Government’s information in its report that, on 10 August 2012, the Ministry of Labour presented for tripartite discussion to the most representative employers’ and workers’ organizations a proposal to amend the Labour Code. The Committee hopes that the proposal to amend the Labour Code to be adopted will ensure that the Labour Code and Regulation No. 258-93 of 12 October 1993 are brought into conformity with the Convention and raise from 16 to at least 18 years the age established for thorough medical supervision. It requests the Government to provide information on any progress made in this regard. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide a copy of the resolution which is reported to have already raised the age established for thorough medical supervision from 16 to 18 years.

Article 4(1). Medical examinations and re-examinations for fitness for employment until at least the age of 21 years. The Committee noted previously that, under the terms of section 53 of Regulation No. 258-93 of 12 October 1993, the medical examination only applies to those under 16 years of age and has to be renewed annually or every three months where the work involves high risks for the health of the young person. The Committee recalled that, by virtue of Article 4(1) of the Convention, in occupations which involve high health risks for children or young persons, the medical examination and re-examination for fitness for employment shall be required until at least the age of 21 years. The Committee hopes that the proposal to amend the Labour Code, referred to above, will soon be adopted so as to bring legislation in compliance with the Convention on this point and requests the Government to provide information on any progress made in this regard.

Article 4(2). Specification of the occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee notes the Government’s indications that resolution No. 52/2004 establishes a detailed list of hazardous and unhealthy types of work prohibited for children under 18 years of age. However, the resolution does not specify the occupations or categories of occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years, or empowers an appropriate authority to specify such occupations. The Committee therefore requests the Government to take the necessary measures to ensure that the process of amending the Labour Code referred to above takes into account this matter in order to bring legislation in compliance with the Convention.

The Committee is raising other points in a request addressed directly to the Government.