Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Comoros (Ratification: 1978)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the comments made by the Workers Confederation of Comoros (CTC), received on 16 August 2016 and 25 July 2017.

Article 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to certain types of work. In its previous comments, the Committee noted that the new Labour Code of Comoros was adopted in 2012 by virtue of Act No. 12–167. Pursuant to section 130 of the Code, labour inspectors may require the examination of children by a registered physician with a view to ensuring that the work they have been assigned does not exceed their strength. Children cannot continue to be assigned to such work and must be assigned to a job that is suited to them and, if this is not possible, the contract must be terminated with payment of compensation in lieu of notice. The Government also indicated that an Order on the types of work and categories of enterprises prohibited for young persons was adopted and published in 2014. The Government further indicated that, under section 17 of the Order, children hired for work that they are prohibited to perform have to be reassigned to work that is suited to them. The Committee nevertheless reminded the Government that Article 6 requires appropriate measures to be taken by the competent authority for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical disabilities or limitations. The Committee emphasized that this situation also occurs in jobs that are not generally prohibited for young persons, but in which they are found to be unsuited to work that would otherwise be allowed.

The Committee notes with regret that the Government has not provided any new information on this subject. The Committee requests the Government to take specific measures for the vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical disabilities or limitations, in accordance with Article 6(1). It requests the Government to provide information on the progress achieved in this regard.

Article 7(2) of Convention No. 78. Scope of application and supervision of the application of the system of medical examination for fitness for employment to young persons engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that the Labour Code of 1984 did not seem to cover apprentices or children and young persons working on their own account, in itinerant trading or in any other occupation carried out in the streets or in a public place (for the latter, Article 7(2) also provides for measures of identification, to be determined by national laws or regulations, in order to ensure the application of the system of medical examination). The Committee also noted the observation of the CTC that non-industrial occupations are outside the scope of the labour inspectorate’s supervision. The Committee further noted the Government’s indication that, in the context of the revision of the national labour legislation, all the necessary measures would be examined in order to bring the legislation into conformity with the provisions of the Convention. The Committee expressed the firm hope that the Bill revising the Labour Code would be adopted in the very near future and that its provisions would give effect to Article 7 of the Convention.

The Committee notes with interest that, by virtue of section 129(2) of the new Labour Code of 2012, children under the age of 15 years are prohibited from working on their own account. The Committee also notes that, under section 130 of the Labour Code, labour inspectors may require the examination of children by a registered physician with a view to ensuring that the work they have been assigned does not exceed their strength. Such an examination is mandatory when requested by the parties concerned.

However, the Committee notes the observations of the CTC that, although the legislative texts provide for the medical examination of young persons, there is no supervision by the labour inspectorate in practice. Furthermore, the CTC expresses its regret that the problem of medical examinations of young persons is far from being resolved, given the lack of a functional service in the Ministry and the fact that this issue is not a priority for the administration. The Committee recalls that, under the terms of Article 7(2)(a), national laws or regulations shall determine the measures of identification to be adopted 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 out in the streets or in places to which the public have access. Under Article 7(b), national laws or regulations shall also determine the other methods of supervision to be adopted to ensure the strict enforcement of the Convention. The Committee therefore requests the Government to take the necessary measures to establish supervision of the application of the system of medical examination for fitness for employment to young persons engaged either 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 progress achieved in this regard.

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

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC) of 16 August 2016 and requests the Government to provide its comments in this respect. It notes however that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the comments made by the Workers’ Confederation of Comoros (CTC) dated 31 August 2011, as well as of the Government’s report.

Articles 1(1) and 7 of the Convention. Scope of application and medical certificates of fitness for employment. In its previous comments, the Committee noted the Government’s indication that, in the context of the revision of the national labour legislation, all the necessary measures would be examined in order to bring the legislation into conformity with the provisions of the Convention.

The Committee takes note of the CTC’s observation that the Government has still not honoured its commitments to bring its labour legislation into line with the Convention. The CTC also points out that non-industrial occupations are outside the scope of the labour inspectorate’s supervision. In its report, the Government indicates that the bill revising the Labour Code will be submitted to the National Assembly for adoption. Noting that the Government has been referring to bringing its national legislation into line with the Convention for many years, the Committee expresses the firm hope that the bill revising the Labour Code will be adopted in the very near future and that its provisions will give effect to Articles 1(1) and 7 of the Convention. The Committee asks the Government to send information on any progress made in this respect.

Article 6. Physical and vocational rehabilitation of children and young persons determined unfit for work. In its comments made under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), the Committee noted the Government’s intention to take measures, within the framework of the revision of the Labour Code, to ensure that a text or statutory texts complying with the provisions of Article 6 of the Convention were adopted. Noting that the bill to revise the Labour Code has still not been adopted, the Committee expresses the firm hope that, as part of the revision of the national legislation, the necessary measures will be taken with a view to adopting a statutory text that complies with the provisions of Article 6 of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments made by the Workers Confederation of Comoros (CTC) dated 31 August 2011, as well as of the Government’s report.

Articles 1(1) and 7 of the Convention. Scope of application and medical certificates of fitness for employment. In its previous comments, the Committee noted the Government’s indication that, in the context of the revision of the national labour legislation, all the necessary measures would be examined in order to bring the legislation into conformity with the provisions of the Convention.

The Committee takes note of the CTC’s observation that the Government has still not honoured its commitments to bring its labour legislation into line with the Convention. The CTC also points out that non-industrial occupations are outside the scope of the labour inspectorate’s supervision. In its report, the Government indicates that the bill revising the Labour Code will be submitted to the National Assembly for adoption. Noting that the Government has been referring to bringing its national legislation into line with the Convention for many years, the Committee expresses the firm hope that the bill revising the Labour Code will be adopted in the very near future and that its provisions will give effect to Articles 1(1) and 7 of the Convention. The Committee asks the Government to send information on any progress made in this respect.

Article 6. Physical and vocational rehabilitation of children and young persons determined unfit for work. In its comments made under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), the Committee noted the Government’s intention to take measures, within the framework of the revision of the Labour Code, to ensure that a text or statutory texts complying with the provisions of Article 6 of the Convention were adopted. Noting that the bill to revise the Labour Code has still not been adopted, the Committee expresses the firm hope that, as part of the revision of the national legislation, the necessary measures will be taken with a view to adopting a statutory text that complies with the provisions of Article 6 of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

With regard to Article 6 of the Convention, the Committee requests the Government to refer to its comments made under Convention No. 77.

Article 1, paragraph 1, and Article 7, of the Convention. Scope of application and medical certificates of fitness for employment. In its previous comments on the protection of children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations (Article 1, paragraph 1) and on medical certificates of fitness for employment (Article 7), the Committee noted the Government’s indication that, in the context of the revision of the national labour legislation, all the necessary measures would be examined in order to bring it into conformity with the provisions of the Convention. The Committee reiterated the hope that the Government would take the necessary steps to ensure that such harmonization would be carried out as soon as possible. The Committee notes the Government’s reiteration in its report of its intention to examine all the necessary measures to bring the national legislation and regulations into conformity with the Convention. The Government adds that it will request assistance from the ILO if necessary. The Committee sincerely hopes that, in the context of the revision of the national legislation, it will adopt provisions which give effect to Article 1, paragraph 1, and Article 7 of the Convention and requests it to supply information on all new developments in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

Articles 1(1) and 7 of the Convention. Further to the comments it has been making for a number of years, inter alia, on the protection of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations Article 1(1) and the requirement to keep medical certificates for fitness for employment (Article 7), the Committee notes that the Government intends to revise all labour laws and regulations to align them with ratified Conventions and the comments of the ILO’s supervisory bodies. The Committee notes that the Government again indicates that all necessary measures will be considered during the revision and that they will seek to harmonize national laws and regulations with the provisions of the Convention. The Committee takes note of this information and again expresses the hope that the Government will take all necessary steps to ensure that such harmonization is completed as soon as possible and that the measures will meet the requirements established in the Convention. It encourages the Government to request ILO assistance to that end.

Article 6. The Committee invites the Government to refer to its comments on this Article (vocational guidance and physical and vocational rehabilitation of children) under Convention No. 77.

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

Articles 1(1) and 7 of the Convention.  Further to the comments it has been making for a number of years, inter alia, on the protection of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations (Article 1(1) and the requirement to keep medical certificates for fitness for employment (Article 7), the Committee notes that the Government intends to revise all labour laws and regulations to align them with ratified Conventions and the comments of the ILO’s supervisory bodies. The Committee notes that the Government again indicates that all necessary measures will be considered during the revision and that they will seek to harmonize national laws and regulations with the provisions of the Convention. The Committee takes note of this information and again expresses the hope that the Government will take all necessary steps to ensure that such harmonization is completed as soon as possible and that the measures will meet the requirements established in the Convention. It encourages the Government to request ILO assistance to that end.

Article 6.  The Committee invites the Government to refer to its comments on this Article (vocational guidance and physical and vocational rehabilitation of children) under Convention No. 77.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1, paragraph 1, and Article 7 of the Convention. In the comments it has been making for a number of years, the Committee has drawn the Government's attention to the fact that the Convention applies, inter alia, to children and young persons working 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 and on the need to take appropriate measures to give effect to the provisions of the Convention in regard to this category of young workers. The Committee also drew the Government's attention to the fact that Article 7, paragraph 2(a), of the Convention provides for measures of identification to be determined by national law, in order to ensure the application of the system of medical examination to this category of young workers.

The Committee notes that the Government, in its last report, expresses the will to harmonize the provisions of current national legislation with the Convention. It hopes that such harmonization will take place shortly and requests the Government to indicate any progress made in this respect.

Article 6. The Committee invites the Government to refer to its comments relating to Convention No. 77, as follows:

Article 6 of the Convention. Further to its previous comments on the adoption of a text issued under the Labour Code to give effect to this provision, the Committee notes that in its last report the Government indicates that it will send a copy of the draft text on the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. The Committee again hopes that this text will be adopted in the very near future and that it will prescribe the appropriate measures required by this Article of the Convention. It requests the Government to supply a copy of the text as soon as it is adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes 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:

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee noted that the 1984 Labour Code did not appear to cover apprentices or children and young persons working on their own account, in itinerant trading or in any other occupation carried on in the streets or in a public place (for the latter, Article 7, paragraph 2, also refers to measures of identification, to be determined by national laws or regulations in order to ensure the application of the system of medical examination).

The Committee notes that under the terms of section 15 of Act No. 88-014 of 29 December 1988 (respecting apprenticeship contracts), laws, regulations and collective agreements for the occupational branch in question are applicable to apprentices under the same conditions as to employees.

With regard to children and young persons working 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 Government states that it is rare to find children working on their own account in such activities, and that most children engaged in these activities work on account of their parents. The Government also states that it does not yet have the means to apply this Article of the Convention, but that it will not fail to do so in future.

The Committee draws the Government's attention to the provisions contained in Recommendation No. 79 and, in particular, Paragraph 14, on the methods of ensuring a regular medical examination for fitness for employment of children and young persons who are 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 places to which the public have access.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to give effect to Article 7, paragraph 2, of the Convention.

Article 6. The Committee refers to its comments relating to Convention No. 77.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee noted that the 1984 Labour Code did not appear to cover apprentices or children and young persons working on their own account, in itinerant trading or in any other occupation carried on in the streets or in a public place (for the latter, Article 7, paragraph 2, also refers to measures of identification, to be determined by national laws or regulations in order to ensure the application of the system of medical examination).

The Committee notes that under the terms of section 15 of Act No. 88-014 of 29 December 1988 (respecting apprenticeship contracts), laws, regulations and collective agreements for the occupational branch in question are applicable to apprentices under the same conditions as to employees.

With regard to children and young persons working 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 Government states that it is rare to find children working on their own account in such activities, and that most children engaged in these activities work on account of their parents. The Government also states that it does not yet have the means to apply this Article of the Convention, but that it will not fail to do so in future.

The Committee draws the Government's attention to the provisions contained in Recommendation No. 79 and, in particular, Paragraph 14, on the methods of ensuring a regular medical examination for fitness for employment of children and young persons who are 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 places to which the public have access.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to give effect to Article 7, paragraph 2, of the Convention.

Article 6. The Committee refers to its comments relating to Convention No. 77, as follows:

Article 6. The Committee notes that under section 124 of the Labour Code, women and children who cannot be retained in jobs recognised as exceeding their strength must be reassigned to suitable employment. If this is not possible, the contract must be terminated and compensation paid in lieu of notice.

In its previous comments, the Committee noted the regulations issued under the Labour Code including the regulations to give effect to Article 6 (physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations). The Government indicates in its report that it has not been possible to complete the latter text. The Committee hopes that this text will be adopted shortly and that the Government will not fail to provide a copy of it as soon as it has been adopted.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 1, paragraph 1 of the Convention. In its previous comments, the Committee had noted that the 1984 Labour Code did not appear to cover apprentices or children and young persons working either on their own account, in itinerant trading or in any other occupation carried on in the streets or in a public place (for the latter, Article 7, paragraph 2, moreover refers to measures of identification). In its last report, the Government provides no information on these questions. The Committee requests the Government to indicate the measures which exist or which are envisaged in order to apply the provisions of the Convention to apprentices as well as to the above-mentioned children and young persons.

The Committee had also noted that the Labour Code excluded from its scope persons appointed to a permanent job in the public administration. It again requests the Government to indicate if special measures are foreseen to apply the provisions of the Convention to young persons belonging to this category of workers.

Article 3, paragraphs 1, 2, and 3, Articles 4 and 6. See under Convention No. 77, as follows:

The Committee has noted the information communicated by the Government in its report in response to its earlier comments. The Government has indicated, in particular, that in collaboration with a consultant of the International Labour Office, it is drafting regulations under the Labour Code, and that these will take into account the comments of the Committee. The Committee hopes that these texts will be elaborated and adopted in the near future, and will give effect to the following Articles of the Convention: Article 1, paragraph 1 (application of the Labour Code of 1984 to apprentices); Article 3, paragraph 1, and Article 4 (periodic medical examination made by a doctor); Article 3, paragraphs 2 and 3 (repetition of the medical examination at intervals of not more than one year, both in ordinary cases and in the special circumstances provided for in paragraph 3); and Article 6 (physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations).