Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - 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.

Direct Request (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 also notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 6 of the Convention. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its previous comments, the Committee noted that the national legislation contained no provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination.

The Committee notes that the new Labour Code in Comoros was adopted in 2012 by Act No. 12-167. Pursuant to section 130 of the Code, the labour and labour law 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 may not continue to be assigned to such work. The Government also indicates that an order on the types of work and categories of enterprises prohibited for young persons was adopted and published in 2014. The Government indicates 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. However, the Committee reminds the Government that Article 6 of the Convention 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 handicaps or limitations. The Committee emphasizes 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 therefore requests the Government to indicate the specific measures 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 handicaps or limitations, in accordance with Article 6(1).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6 of the Convention. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its previous comments, the Committee noted that the national legislation contained no provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination.

The Committee notes that the new Labour Code in Comoros was adopted in 2012 by Act No. 12-167. Pursuant to section 130 of the Code, the labour and labour law 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 may not continue to be assigned to such work. The Government also indicates that an order on the types of work and categories of enterprises prohibited for young persons was adopted and published in 2014. The Government indicates 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. However, the Committee reminds the Government that Article 6 of the Convention 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 handicaps or limitations. The Committee emphasizes 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 therefore requests the Government to indicate the specific measures 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 handicaps or limitations, in accordance with Article 6(1).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 6. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its comments over a number of years, the Committee noted that the national legislation does not contain any provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination. It hoped that the Government would take the necessary steps, in the context of the revision of the national legislation, to adopt a regulatory text which would meet the requirements of the Convention. In this respect, the Committee noted once again that the Government repeats its intention to take steps in the context of the revision of the Labour Code, to adopt one or more regulatory texts which meet the requirements of Article 6 of the Convention. The Committee sincerely hopes that, in the context of the revision of the national legislation, it will adopt provisions which give effect to Article 6 of the Convention and requests it to supply information on all new developments in this respect. It encourages the Government to request the necessary technical assistance from the ILO.

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

The Committee notes with regret 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:

Repetition

Article 6. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its comments over a number of years, the Committee noted that the national legislation does not contain any provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination. It hoped that the Government would take the necessary steps, in the context of the revision of the national legislation, to adopt a regulatory text which would meet the requirements of the Convention. In this respect, the Committee noted once again that the Government repeats its intention to take steps in the context of the revision of the Labour Code, to adopt one or more regulatory texts which meet the requirements of Article 6 of the Convention. The Committee sincerely hopes that, in the context of the revision of the national legislation, it will adopt provisions which give effect to Article 6 of the Convention and requests it to supply information on all new developments in this respect. It encourages the Government to request the necessary technical assistance from the ILO.

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

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:

Repetition

Article 6. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its comments over a number of years, the Committee noted that the national legislation does not contain any provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination. It hoped that the Government would take the necessary steps, in the context of the revision of the national legislation, to adopt a regulatory text which would meet the requirements of the Convention. In this respect, the Committee noted once again that the Government repeats its intention to take steps in the context of the revision of the Labour Code, to adopt one or more regulatory texts which meet the requirements of Article 6 of the Convention. The Committee sincerely hopes that, in the context of the revision of the national legislation, it will adopt provisions which give effect to Article 6 of the Convention and requests it to supply information on all new developments in this respect. It encourages the Government to request the necessary technical assistance from the ILO.

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

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. Thorough medical examination for fitness for employment. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that it provided the employers’ and workers’ organizations with copies of Act No. 88‑014 concerning apprenticeships and of the provisions of the Labour Code concerning medical examinations.

Article 6. Physical and vocational rehabilitation of children and young persons declared unsuited to certain types of work. In its comments over a number of years, the Committee noted that the national legislation does not contain any provisions giving effect to this provision of the Convention, and noted the repeated statements by the Government that draft implementing regulations for the Labour Code were under examination. It hoped that the Government would take the necessary steps, in the context of the revision of the national legislation, to adopt a regulatory text which would meet the requirements of the Convention. In this respect, the Committee notes once again that the Government repeats its intention to take steps in the context of the revision of the Labour Code, to adopt one or more regulatory texts which meet the requirements of Article 6 of the Convention. The Committee sincerely hopes that, in the context of the revision of the national legislation, it will adopt provisions which give effect to Article 6 of the Convention and requests it to supply information on all new developments in this respect. It encourages the Government to request the necessary technical assistance from the ILO.

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:

1. The Committee notes that the Union of Comoran Autonomous Workers- Organizations (USATC) states that it has not been informed of the existence of a text ensuring the medical examination of young persons, as prescribed by Article 2(1) of the Convention. The Committee notes that there are a number of legislative and regulatory texts on this subject (Labour Code, Act No. 88-014 and Order No. 774). In this connection it recalls the vital importance of bringing such texts to the notice of workers and their representatives. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the national legislation is widely disseminated in the country.

2. Article 6. For several years the Committee has been noting that, according to the Government, a draft text issued under the Labour Code to give effect to the provisions of Article 6 of the Convention, is under consideration. In its previous comments, the Committee noted that the Government intended to 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. It notes that, in its report, the Government indicates that it would welcome technical assistance from the Office in the overall revision of labour laws and regulations to align them with the provisions of ratified Conventions and the comments made by the ILO’s supervisory bodies. To that end, it hopes to be able to adopt a regulation which would apply this provision of the Convention. The Committee trusts that the Government will shortly take the necessary steps, as part of the revision of national laws and regulations, to adopt a regulation which meets the provisions of Article 6 of the Convention. It encourages the Government to seek the necessary ILO technical assistance for this purpose.

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

The Committee notes the brief indications contained in the Government’s report and the comments of the Union of Comoran Autonomous Workers’ Organizations (USATC).

1.  The Committee notes that the USATC states that it has not been informed of the existence of a text ensuring the medical examination of young persons, as prescribed by Article 2(1) of the Convention. The Committee notes that there are a number of legislative and regulatory texts on this subject (Labour Code, Act No. 88-014 and Order No. 774). In this connection it recalls the vital importance of bringing such texts to the notice of workers and their representatives. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the national legislation is widely disseminated in the country.

2.  Article 6.  For several years the Committee has been noting that, according to the Government, a draft text issued under the Labour Code to give effect to the provisions of Article 6 of the Convention, is under consideration. In its previous comments, the Committee noted that the Government intended to 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. It notes that, in its report, the Government indicates that it would welcome technical assistance from the Office in the overall revision of labour laws and regulations to align them with the provisions of ratified Conventions and the comments made by the ILO’s supervisory bodies. To that end, it hopes to be able to adopt a regulation which would apply this provision of the Convention. The Committee trusts that the Government will shortly take the necessary steps, as part of the revision of national laws and regulations, to adopt a regulation which meets the provisions of Article 6 of the Convention. It encourages the Government to seek the necessary ILO technical assistance for this purpose.

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:

1. In earlier comments, the Committee asked the Government to indicate whether similar provisions to those providing for the medical examination of young wage-earners exist for apprentices.

The Committee notes that under section 15 of Act No. 88-014 of 29 December 1988 respecting apprenticeship, the laws, regulations and collective agreements of the occupational branch concerned apply to apprentices in the same conditions as to employees who hold a work contract.

2. With reference to section 147 of the Labour Code, the Committee asks the Government to indicate which provisions of the national legislation give effect to Articles 3 and 4 of the Convention. In this connection, the Committee notes the texts provided by the Government concerning the organisation of medical and health services in enterprises and the model agreement on health care.

3. Article 6. The Committee notes that under section 124 of the Labour Code, women and children who cannot be retained in jobs recognized 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 indicated in its report received in 1991 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 1995, published 83rd ILC session (1996)

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 1992, published 79th ILC session (1992)

1. In earlier comments, the Committee asked the Government to indicate whether similar provisions to those providing for the medical examination of young wage-earners exist for apprentices.

The Committee notes that under section 15 of Act No. 88-014 of 29 December 1988 respecting apprenticeship, the laws, regulations and collective agreements of the occupational branch concerned apply to apprentices in the same conditions as to employees who hold a work contract.

2. With reference to section 147 of the Labour Code, the Committee asks the Government to indicate which provisions of the national legislation give effect to Articles 3 and 4 of the Convention. In this connection, the Committee notes the texts provided by the Government concerning the organisation of medical and health services in enterprises and the model agreement on health care.

3. 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)

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).