Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Algeria (Ratification: 1962)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 (industry) and 78 (non-industrial occupations) together.

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee requested the Government to indicate measures taken for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes the Government’s reference in its report to the Act No. 02-09 of May 8, 2002 concerning the protection and promotion of persons with disabilities, which aims, amongst others, to provide compulsory education and vocational training for children and young persons with disabilities (section 3(4)). Pursuant to section 16 of the Act No. 02-09 of May 8, 2002, vocational training for persons with disabilities is carried out free of charge in specialized establishments that can also provide accommodation and psychosocial support and medical treatment in coordination with parents of persons with disability and relevant bodies. The Committee further observes from the website of the Ministry of Vocational Training and Education of Algeria that persons with disabilities can be also provided with distance learning and apprenticeship programmes and that priority for accessing vocational training programmes is given to young persons with disabilities.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee previously noted that children 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 public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine.

The Government indicates in its reply that labour inspectors carry out monitoring of the application of labour legislation relating to the protection of young persons. However, the Committee recalls that, pursuant to Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to be adopted for ensuring 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 (for example, a requirement for the person concerned to be in possession of a document recording the medical examination). The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring 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 on in the streets or in places to which the public have access.

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

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 Conventions Nos 77 and 78 in a single comment.

The Committee notes that a new Labour Code is being adopted and hopes that the new Code will take account of the matters addressed in the context of the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), and the Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78).

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee previously noted that section 93 of Act No. 85-05 of 16 February 1985 concerning health protection and promotion provided for regulations to be adopted on appropriate measures for the rehabilitation and integration in society of persons with disabilities, and asked the Government to provide a copy of the regulations adopted to apply this provision. The Committee also noted that sections 13 and 14 of Executive Decree No. 93-120 of 15 May 1993 concerning the organization of occupational medicine envisage appropriate measures allowing for the adaptation of workstations or the transfer of posts based on the findings of medical examinations. The Committee noted more particularly that, according to section 13, one of the purposes of clinical and para-clinical examinations is to suggest possible adaptations of the workstation or to identify posts to which, from a medical perspective, the worker may not be assigned and those which would suit him/her better; and that, under section 14, any transfer is subject to a further medical examination to ensure that the worker is fit for the post envisaged. The Committee reiterates that, under Article 6(1) of the Convention, the competent authority must take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work, but also for their physical and vocational rehabilitation. Accordingly, Article 6(2) provides that cooperation shall be established between the labour, health, educational and social services and effective liaison maintained between them. The Committee referred in this connection to Paragraphs 9 and 10 of the Medical Examination of Young Persons Recommendation, 1946 (No. 79), which contain further indications on measures to be taken by the national authority to give effect to the provisions of this Article of the Convention. The Committee notes with regret that there is once again no information on this matter in the Government’s report. The Committee again requests the Government to indicate whether measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, education and social services and to maintain effective liaison between them.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that children 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 public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine. The Government also stated that the Act concerning health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information sent by the Government, the Committee recalled that, according to Article 7(2)(a) of the Convention, measures of identification shall be adopted for ensuring 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 on in the streets or in public places (for example, a requirement for the person concerned to be in possession of a document recording the medical examination).

The Committee noted the Government’s statement that the matter of applying the prior medical examination to children and young persons engaged on their own account or on that of their parents in itinerant trading or any other occupation carried on in the streets or in public places would be dealt with in the context of the draft Labour Code. Noting the lack of information on this matter, the Committee requests the Government to indicate the progress made regarding the adoption of the new Labour Code. The Committee also requests the Government to indicate to what extent the new Labour Code will ensure the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or that of their parents in itinerant trading or in any other occupation carried on in the streets or in public places, in accordance with Article 7(2)(a) of the Convention.

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

Article 6 of the Convention. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee noted previously that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides for regulations to be adopted on appropriate measures for the rehabilitation and integration in society of persons with disabilities, and asked the Government to provide a copy of the regulations adopted to apply this provision. The Committee noted the information sent by the Government to the effect that sections 13 and 14 of the Executive Decree on the organization of industrial medicine envisage appropriate measures allowing for the adaptation of workstations or for transfer of post based on the findings of medical examinations. The Committee noted more particularly that, according to section 13, one of the purposes of clinical and para-clinical examinations is to suggest possible adaptations of the workstation or find posts to which the worker may be assigned and which would be better suited to him from a medical standpoint; and that, under section 14, any transfer is subject to a further medical examination to ensure that the worker is fit for the post envisaged. The Committee pointed out that, under Article 6(1) of the Convention, the competent authority shall take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work, but also for their physical and vocational rehabilitation. For this purpose, Article 6(2) provides that cooperation shall be established between the labour, health, educational and social services and effective liaison maintained between them. The Committee referred in this connection to Paragraphs 9 and 10 of Recommendation No. 79 which contain further indications on measures to be taken by the national authority to enforce the provisions of this Article of the Convention. Noting that there is no information on this matter in its report, the Committee again asks the Government to indicate in its next report whether measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young people found by medical examination to be unsuited to certain types of work. It also asks the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, education and social services and to maintain effective liaison between them.

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 found to be unsuited to work. The Committee noted that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides regulations for appropriate measures for rehabilitation and integration in society of persons suffering from handicaps, and requested the Government to supply a copy of the regulations adopted in application of this legislative provision. The Committee noted the information supplied by the Government to the effect that sections 13 and 14 of the Executive Decree on the organization of industrial medicine provides appropriate measures for adaptation of workstations or transfer of post on the basis of the results of medical examinations. In this regard, the Committee noted more particularly that, pursuant to section 13, clinical and paraclinical examinations are intended in particular to suggest possible adaptations of the workstation and to find posts to which the worker, from the medical viewpoint, can be appointed and which would be most appropriate for him; and that, under section 14, any transfer of post is subject to a further medical examination intended to ensure the fitness of the worker for the post envisaged.

The Committee recalled that under Article 6(1) of the Convention the competent authority shall take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work but also for their physical and vocational rehabilitation. For this purpose, pursuant to Article 6(2), cooperation shall be established between the labour, health, educational and social services, and effective liaison maintained between them. In this regard, the Committee referred to Paragraphs 9 and 10 of Recommendation No. 79 which contains supplementary indications on the measures to be taken by the national authority for enforcing the provisions of this Article of the Convention. The Committee requests the Government to indicate if measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young people found by medical examination to be unsuited for certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, educational and social services and to maintain effective liaison between them.

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

Article 4(2) of the Convention. Occupations for which medical examination for fitness is required until the age of 21 years. In its previous comments, the Committee noted that, under section 3 of Executive Decree No. 93-120 of 15 May 1993 regarding the organization of industrial medicine (hereafter, Executive Decree on the organization of industrial medicine), an interministerial order of the Ministers responsible respectively for labour and health shall lay down the occupations or workers who are subject to high health risks. The Committee requested the Government to supply a copy of the text. The Committee notes with interest that the Ministerial Order of 9 June 1997, drawing up the list of occupations which involve high health risks, determines in a detailed way the work for which the employer is required to have workers undergo a six-monthly medical examination, in addition to appropriate paraclinical examinations.

Article 6. Physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee noted that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides regulations for appropriate measures for rehabilitation and integration in society of persons suffering from handicaps, and requested the Government to supply a copy of the regulations adopted in application of this legislative provision. The Committee notes the information supplied by the Government to the effect that sections 13 and 14 of the Executive Decree on the organization of industrial medicine provides appropriate measures for adaptation of workstations or transfer of post on the basis of the results of medical examinations. In this regard, the Committee notes more particularly that, pursuant to section 13, clinical and paraclinical examinations are intended in particular to suggest possible adaptations of the workstation and to find posts to which the worker, from the medical viewpoint, can be appointed and which would be most appropriate for him; and that, under section 14, any transfer of post is subject to a further medical examination intended to ensure the fitness of the worker for the post envisaged.

The Committee recalls that under Article 6(1) of the Convention the competent authority shall take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work but also for their physical and vocational rehabilitation. For this purpose, pursuant to Article 6(2), cooperation shall be established between the labour, health, educational and social services, and effective liaison maintained between them. In this regard, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79 which contains supplementary indications on the measures to be taken by the national authority for enforcing the provisions of this Article of the Convention. The Committee requests the Government to indicate if measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young people found by medical examination to be unsuited for certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, educational and social services and to maintain effective liaison between them.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report. It notes that all workers, including young workers, are required to undergo a medical examination before employment both in the formal sector, under collective agreements, and in the public administration sector, under regulations. It also notes the information that children working on their own account or on that of their parents in itinerant trading or any other occupation carried on in the street or in any place to which the public has access are not required to undergo a pre employment medical examination, but that they have access to care provided by the country’s medical facilities, pursuant to the national legislation on health protection. The Committee nonetheless notes that no laws or regulations have been adopted since the Government’s last report. It is therefore bound to repeat its previous direct request which read as follows.

1. Article 4(2) of the Convention. The Committee notes that, under section 3 of Executive Decree No. 93-120 of 15 May 1993, an inter-ministerial order will specify the occupations which involve high health risks. The ministers responsible for labour and health respectively must lay down in this regulation the occupations which involve high health risk. The Committee requests the Government to supply a copy of this text as soon as it is adopted.

2. Article 6. The Committee notes that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides appropriate measures for rehabilitation and integration in society of persons suffering from handicaps. It requests the Government to send a copy of the regulations adopted under this legislation.

The Committee hopes that the Government will be able to indicate in its next report the progress made in adopting the abovementioned regulations.

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

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 reads as follows:

1.  Article 4(2) of the Convention.  The Committee notes that, under section 3 of Executive Decree No. 93-120 of 15 May 1993, an inter-ministerial order will specify the occupations which involve high health risks. The ministers responsible for labour and health respectively must lay down in this regulation the occupations which involve high health risk. The Committee requests the Government to supply a copy of this text as soon as it is adopted.

2.  Article 6.  The Committee notes that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides appropriate measures for rehabilitation and integration in society of persons suffering from handicaps. It requests the Government to send a copy of the regulations adopted under this legislation.

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:

For a number of years, the Committee has been drawing the Government's attention to the need to bring the national legislation into line with the provisions of the Convention, particularly those of Article 2, paragraph 1 (prohibition from employing children and young persons under the age of 18 unless they have been found fit for the work in which they are to be employed), Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuance of the certificate of fitness), Article 3 (medical supervision to be maintained until the age of 18 years), Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks), and Article 5 (medical examinations not to involve the child or young person, or his parents in any expense).

In its report for the period 1989-90, the Government stated that careful attention was paid to the occupational protection, safety and health laid down in the country's basic laws and that the adoption of a number of important laws has delayed the adoption of the regulations to be issued under section 17 of Act No. 88-07 of 26 January 1988 respecting compulsory medical examinations and special medical supervision for apprentices.

The Committee hopes that appropriate regulations will be adopted in the very near future to ensure that effect is given to the provisions of the Convention and asks the Government to indicate any progress made in this area.

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

1. Article 4, paragraph 2, of the Convention. The Committee notes that, under section 3 of Executive Decree No. 93-120 of 15 May 1993, an inter-ministerial order will specify the occupations which involve high health risks. The ministers responsible for labour and health respectively must lay down in this regulation the occupations which involve high health risks. The Committee requests the Government to supply a copy of this text as soon as it is adopted.

2. Article 6. The Committee notes that section 93 of Act No. 85-05 of 16 February 1985 on health protection and promotion provides appropriate measures for rehabilitation and integration in society of persons suffering from handicaps. It requests the Government to send a copy of the regulations adopted under this legislation.

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

The Committee notes the adoption of Executive Decree No. 93-120 of 15 May 1993 concerning the organization of occupational medicine. It notes with satisfaction that the text gives effect to the provisions of the Convention to which the Committee's previous comments related. The Decree provides in particular that the purpose of the medical examination which all children and young persons must have is to ensure that they are medically fit for the work envisaged and to identify jobs on which they cannot be employed from the medical point of view (Article 2, paragraph 1, of the Convention); that the medical examination for fitness for employment shall be carried out by a qualified physician holding a diploma in occupational medicine and authorized to practise privately (Article 2, paragraph 2); that medical supervision of the fitness of a child or young person for the employment shall continue until he has reached the age of 18 years, with at least two examinations a year (Article 3); that medical supervision of fitness for employment, both on recruitment and later, for workers particularly exposed to high health risks shall continue without restriction as to age (Article 4, paragraph 1); that the cost of equipping and operating occupational health services must be covered by the employers so that the child or young person, or his parents, are not involved in any expense (Article 5).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information provided by the Government in its report.

For a number of years, the Committee has been drawing the Government's attention to the need to bring the national legislation into line with the provisions of the Convention, particularly those of Article 2, paragraph 1 (prohibition from employing children and young persons under the age of 18 unless they have been found fit for the work in which they are to be employed), Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuance of the certificate of fitness), Article 3 (medical supervision to be maintained until the age of 18 years), Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks), and Article 5 (medical examinations not to involve the child or young person, or his parents in any expense).

In its last report, the Government states that careful attention is paid to the occupational protection, safety and health laid down in the country's basic laws and that the adoption of a number of important laws has delayed the adoption of the regulations to be issued under section 17 of Act No. 88-07 of 26 January 1988 respecting compulsory medical examinations and special medical supervision for apprentices.

The Committee hopes that appropriate regulations will be adopted in the very near future to ensure that effect is given to the provisions of the Convention and asks the Government to indicate any progress made in this area.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the adoption of Act No. 88-07 of 26 January 1988 concerning health, safety, and occupational medicine. It trusts that the regulations to be issued under section 17 of the Act will be adopted in the near future and will ensure that effect is given to the following provisions of the Convention: Article 2, paragraph 1, of the Convention (prohibition from employing children and young persons under 18 years of age unless they have been found fit for the work in which they are to be employed); Article 2, paragraphs 2 to 4 (medical examination for fitness for employment to be carried out by a physician approved by the competent authority; definition of the conditions relating to the issuing of the certificate of fitness); Article 3 (medical supervision to be maintained until the age of 18 years); Article 4 (annual medical examinations until the age of 21 years in occupations that involve high health risks); and Article 5 (medical examinations not to involve the child or young person, or his parents in any expense).

The Committee hopes that the next report will contain full information on these points as well as a copy of the above regulations if they have been adopted.