Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Tajikistan (Ratification: 1993)

Articles 1(1) and 7(2) of the Convention. Scope of application and medical examination for fitness for children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that according to section 146 of the Labour Code, workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It also noted the Government’s information that according to section 31 of the Law of the Republic of Tajikistan “On ensuring sanitary and epidemiological safety of population”, private employers and workers of undertakings and organizations irrespective of the form of ownership, conducting any economic or production activity should undergo medical examinations. However, the Committee noted the Government’s information in its report under Convention No. 77, that the medical examination should be conducted at the conclusion of the labour contract. The Committee requested the Government to indicate the national provision which determines the measures of identification for the application of the system of medical examination for fitness with regard to children engaged in employment without an employment contract in accordance with Article 7(2) of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether the national legislation determines the identification measures to be adopted to ensure that the system of medical examinations for fitness is applied to children and young persons employed on their own account or that of their parents in itinerant trading or in any other occupation carried out in streets or in places to which the public have access.

With regard to Articles 2(2), (3)(b), (4), and 6(1) and (3) of the Convention, the Committee requests the Government to refer to its comments under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).