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

Azerbaijan

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1992)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1992)

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 Convention Nos 77 and 78 in a single comment.

Article 2(3) of Convention Nos 77 and 78. Medical certificate issued subject to specified conditions of employment or for a specified job. Following its previous comments, the Committee notes the Government’s information that the type of medical examinations that young workers may undergo depends upon the type of hazards they encounter. In this regard, Decision No. 46 of 2012 on Improving Compulsory Medical Examinations, contains a list of jobs which require specific preliminary or annual medical examinations. The Government also indicates that according to Order No. 36 of 2010 on Practical Guidelines for Organizing Adolescent Health Care, a young worker’s health is assessed by a doctor from a health clinic and on the basis of its results, the young worker may be referred to a specialist, such as doctors, surgeons, neurologists, ophthalmologists, otolaryngologists, dentists, obstetricians or gynaecologists (if the young worker is a girl). The Committee also notes the Government’s information that the medical examination results are entered into the Electronic Medical Record System and a medical certificate shall be issued to the young worker. The Committee requests the Government to indicate if the medical certificate of fitness for employment can prescribe specific conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority. The Committee also requests the Government to supply a copy of Decision No. 46 of 2012 on Improving Compulsory Medical Examinations.

Article 6(2) of Conventions Nos 77 and 78. Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. Noting the absence of information in the Government’s report with regard to cooperation between the various services for the purposes of paragraph 2 of this Article, the Committee once again requests the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work.

Article 7(2) of Convention No. 78. Supervision of the enforcement of the system of medical examination for fitness for employment of children engaged either on their own account or on account of their parents. The Committee had previously requested the Government to indicate the measures taken to ensure that the system of medical examination for fitness for employment applies to children and young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried on in streets or in other places to which the public have access.

The Committee notes that according to section 256(1) of the Labour Code, 1999 as amended, the employment regulations of this law apply to all sectors, including agriculture and family farms (section 258). Section 256(3) further states that in agriculturally oriented enterprises the work of persons under the age of 18 years may be as stipulated under the Labour Code. The Committee requests the Government to indicate the measures adopted or envisaged, to ensure that the system of medical examination for fitness for employment is applied to children and 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. It requests the Government to provide information on any measures taken in this regard.