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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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. The Committee notes the Government’s indication in its report that medical examinations of children and young persons are conducted by the medical advisory commission of the medical institution at the place of their residence. The Government also refers to the Government’s Decree of 30 April 2021, No. 174, which has established the procedure for mandatory medical examinations of persons to assess their fitness for employment, including those who are engaged in the food industry, public catering, trade, and other sectors providing direct services to the population. The Committee requests the Government to confirm that medical examinations to assess fitness for employment conducted under the Government’s Decree of 30 April 2021, No. 174, apply to children and young persons who are 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 5, 6(1) and (3), and 7(1) of the Convention, the Committee refers to its detailed comments under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

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

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

Articles 1(1) and 7(2) of Convention No. 78. 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 requested the Government to indicate the national provisions determining the measures of identification for ensuring the application of the system of medical examination for fitness with regard to children engaged in employment on their own account or the account of their parents, in accordance with Article 7(2) of the Convention.

The Committee notes the Government’s information, in its report submitted under Convention No. 77, that the Ministry of Health and Social Protection (MoHSP) of Tajikistan examines children and young people where they live. The Government adds that children in general education, initial vocational education and specialized secondary institutions, and children in the fourth, seventh and ninth years of general education undergo a medical examination twice per year. The Committee requests the Government to indicate the legislative provisions which provide for the medical examination of young persons by the MoHSP and during vocational or general education, and to provide information on whether and how these medical examinations would apply to assess the fitness of 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.

Article 2(2) and (4) of Conventions Nos 77 and 78. Medical examination by a qualified physician, issue of a medical certificate and the authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee noted he Government’s information that the medical examinations to determine the fitness for work of young persons were carried out in accordance with medical form No. 086 of Order No. 98 of 2006 of the Ministry of Health.

The Committee notes with interest the Government’s information that a new medical form No. 38 was approved, in accordance with Order No. 840 of 3 October 2014 of the Ministry of Health. The medical examination to determine whether a young person is fit for work is carried out by a qualified doctor, acting with the approval of the competent authorities, and is certified either by provision of a medical certificate, by providing a stamp on the work entry permit, or by signing the employment record book. The Committee takes due note that the Government provided copies of both Order No. 840 and medical form No. 38 to the Office.

Article 6(1) of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for certain types of work. Following its previous comments, the Committee notes the Government’s information that the competent authority of Tajikistan is taking steps to ensure the vocational rehabilitation, treatment and vocational training of young people who, through a medical examination, have been identified as unfit for certain types of work or as having a physical disability or limitation. The Committee requests the Government to provide information on the measures taken to provide for the 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) of the Conventions. It requests the Government to provide information on the progress made in this regard.

Article 6(3) of Conventions Nos 77 and 78. Temporary work permits for a limited period. Following its previous comments, the Committee notes the Government’s information that national legislation does provide for these temporary work permits or permits requiring special conditions of employment in cases where a young person is identified as not fit for work. The Committee requests the Government to indicate which legal provisions in particular provide for the issue to children and young persons whose fitness for employment is not clearly determined, of temporary work permits or medical certificates valid for a limited period at the expiry of which the young worker will be required to undergo re-examination, and of permits or certificates requiring special conditions of employment, in accordance with Article 6(3) of the Conventions.

Article 7(1) of Conventions Nos 77 and 78. Availability to labour inspectors of the medical certificate. Following its previous comments, the Committee notes the Government’s information that the State Supervisory Service for labour, migration and employment, is the State authority that carries out the functions of labour inspection, in accordance with the regulations approved by Government Decree No. 299 of 3 May 2014. However, the Committee notes with regret that Government does not indicate whether, in accordance with Article 7(1) of the Conventions, employers are required to file and keep available to labour inspectors either the medical certificate for employment or the work permit or workbook that show that there are no medical objections to the employment of the young person. The Committee once again requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to the employment in accordance with Article 7(1) of the Conventions.

Practical application of the Conventions. Noting that the Government still has not supplied any information on this point, the Committee urges the Government to provide information, including extracts from the reports of the inspection services and statistical data concerning the number of children and young people who work and have undergone medical examinations provided for in Conventions Nos 77 and 78.

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

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).

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

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 comments.

Repetition

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. The Committee noted the Government’s information that the provisions of sections 146 and 174 of the Labour Code which require the preliminary medical examination of young people before they are admitted to employment applies to workers employed in an industry, as well as in other sectors not related to industry. The Committee also noted the Government’s information that workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It further 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”, the private employers and the 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 reminded the Government that under Article 7(2)(a) of the Convention, measures of identification must be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young people 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. The Committee therefore 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 people 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.

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

The Committee notes the Government’s report, and asks it to refer to its comments under Convention No. 77.

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. The Committee noted the Government’s information that the provisions of sections 146 and 174 of the Labour Code which require the preliminary medical examination of young people before they are admitted to employment applies to workers employed in an industry, as well as in other sectors not related to industry. The Committee also noted the Government’s information that workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It further 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”, the private employers and the 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 reminded the Government that under Article 7(2)(a) of the Convention, measures of identification must be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young people 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. The Committee therefore 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 people 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.

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

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

The Committee notes the Government’s report, and asks it to refer to its comments under Convention No. 77.

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. The Committee notes the Government’s information that the provisions of sections 146 and 174 of the Labour Code which require the preliminary medical examination of young people before they are admitted to employment applies to workers employed in an industry, as well as in other sectors not related to industry. The Committee also notes the Government’s information that workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It further notes 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”, the private employers and the workers of undertakings and organizations irrespective of the form of ownership, conducting any economic or production activity should undergo medical examinations. However, the Committee notes 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 reminds the Government that under Article 7(2)(a), of the Convention, measures of identification must be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young people 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. The Committee therefore 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 people 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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report, and asks it to refer to its comments under Convention No. 77.

Articles 1, paragraph 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. The Committee notes the Government’s information that the provisions of sections 146 and 174 of the Labour Code which require the preliminary medical examination of young people before they are admitted to employment applies to workers employed in an industry, as well as in other sectors not related to industry. The Committee also notes the Government’s information that workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It further notes 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”, the private employers and the workers of undertakings and organizations irrespective of the form of ownership, conducting any economic or production activity should undergo medical examinations. However, the Committee notes 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 reminds the Government that under Article 7, paragraph 2(a), of the Convention, measures of identification must be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young people 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. The Committee therefore 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 people 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.

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

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:

The Committee noted the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

The Committee notes the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

The Committee notes the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

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

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:

The Committee notes the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

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:

The Committee notes the Government’s first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.

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

The Committee notes the Government's first report. The Committee requests the Government to indicate in detail the provisions of laws, regulations, statements or documents which give effect to each of the Articles of the Convention, and any information specifically requested under individual articles in the report form adopted by the Governing Body. Please also specify what steps have been taken to implement the provisions of the Convention requiring action by the competent authority.