Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Lebanon (Ratification: 1977)

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

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations other than the following categories, recognized by the competent authority as industrial, agricultural and maritime occupations, which are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

• (1) domestic work in private homes;
• (2) agricultural corporations which have no connection with trade or industry (they will be the subject of special legislation);
• (3) establishments in which only family members work under the direction of the father, the mother, or a guardian;
• (4) governmental and municipal services with regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

With respect to domestic work, the Committee noted the Government’s information that current laws prohibit the employment of young persons under 18 years of age as domestic workers, making it unnecessary to provide for their medical examination under this Convention. With regard to workers employed by the public administration, the Government indicated that Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality.

The Committee noted the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. The Ministry of Labour was revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions.

The Committee notes with concern the Government’s indication in its report that the comments of the Committee will be taken into consideration when the draft amendment to the Labour Code is re-examined. Noting that it has been raising this point since 2000, the Committee urges the Government to take the necessary measures to ensure that the national legislation is brought into conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon. It also once again requests the Government to take the necessary measures to ensure that the draft amendment to the Labour Code, which dates back to 2000, is adopted as soon as possible.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of 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 has access, examined by the competent authorities, namely the relevant ministries. The Committee reminded the Government that even where there does not seem to be children or young persons working on their own account or account of their parents in itinerant trading or in another occupation carried out in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future.

The Committee notes the Government’s information that, in view of the increasing number of street children in Lebanon due to the displacement of Syrians, it needs to undertake in-depth studies, in coordination with international organizations and national departments, to meet the Committee’s request. The Committee once again urges the Government to adopt the necessary measures to provide for supervision of the application of the system of medical examination for fitness of 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 has access, and to provide information on any progress made in this respect.

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

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non industrial occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

• (1) domestic work in private homes;
• (2) agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation;
• (3) establishments in which only family members work under the direction of the father, the mother, or a guardian;
• (4) governmental and municipal services with regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee noted that with regard to workers who are engaged as servants in private homes, the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. However, it observed that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. Furthermore, the Committee noted that, with regard to workers employed by the public administration, Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality. The Committee noted the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. The Ministry of Labour was revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions.

With respect to domestic work, the Committee notes the Government’s information that current laws prohibit the employment of young persons under 18 years as domestic workers, making it unnecessary to provide for their medical examination under this Convention. However, the Committee observes that the Government provides no information with regard to the other three exceptions. The Committee once again expresses the hope that its outstanding comments will be taken into consideration so as to ensure that the national legislation is in conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon. In addition, the Committee requests the Government to take the necessary measures to ensure that the draft amendment to the Labour Code, which dates back to 2000, is adopted as soon as possible.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of 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 has access, examined by the competent authorities, namely the relevant ministries. It noted the Government’s information that the Ministry of the Interior and Municipalities was informed of the comments made by the Committee, which were then circulated to all governorates for appropriate action. The relevant authorities of all governorates replied that there were no children or young persons engaged in the circumstances specified above. The Committee reminded the Government that even where there does not seem to be children or young persons working on their own account or account of their parents in itinerant trading or in another occupation carried out in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future.

The Committee notes the Government’s information that it shall consult the Ministry of the Interior and Municipalities with respect to street children. The Committee also notes the indication contained in the mission report of the tripartite interministerial workshop carried out in February 2013 within the technical assistance programme (SPA), according to which the phenomenon of street children is on the rise. The Committee urges the Government to adopt, in the very near future, the necessary measures to provide for supervision of the application of the system of medical examination for fitness of 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 has access. It once again requests the Government to provide information on any progress made in this respect with its next report.

The Committee requests the Government to refer to the comments it had made under the Articles of Convention No. 77.

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

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee had noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

• 1. Servants employed in domestic work in private homes.
• 2. Agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation.
• 3. Establishments in which only family members work under the direction of either the father, the mother, or a guardian.
• 4. Governmental and municipal services in regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee had also noted that with regard to workers who are engaged as servants in private homes, the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. It had observed that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. Furthermore, the Committee had noted that with regard to workers employed by the public administration, Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality.

The Committee notes the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. This draft amendment was sent to the ILO for comments, which the Government recently received, and the Ministry of Labour is currently revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions. The Committee expresses the hope that its outstanding comments will be taken into consideration so as to ensure that the national legislation is in conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon.

The Committee notes the Government’s information concerning the various medical and insurance measures imposed on the employers of domestic servants. It notes, however, that, according to the Government, only persons who exceed the age of 18 years are required to undergo a medical examination prior to taking up employment in domestic work. The Committee must therefore request the Government to indicate which legal provisions ensure that young persons under 18 years are required to undergo a thorough medical examination prior to being engaged in domestic work. If there are no such provisions, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the conformity of national legislation with the Convention in this regard.

The Committee notes the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It requests the Government to supply copies of the texts relating to regulations governing the employees of the El Tiba and Bedia municipalities, which the Government’s report states was attached to the report, but have not been received by the Office.

Article 5. Expenses for the medical examination of workers employed by the public administration. The Committee has noted above the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It expresses the hope that young persons under the age of 18 years, or their parents, seeking employment in the public administration are not involved in any expense relating to the required medical certificate. The Committee requests the Government to supply more detailed information in this regard. It also requests the Government to refer to the comments it has made under Article 5 of Convention No. 77.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee had previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of 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 has access, examined by the competent authorities, namely the relevant ministries. It notes the Government’s information that the Ministry of the Interior and Municipalities was informed of the comments made the Committee, which were then circulated to all governorates for appropriate action. The relevant authorities of all governorates have replied that there are no children or young persons engaged in the circumstances specified above. The Committee reminds the Government that even where there does not seem to be children or young persons working, on their own account or account of their parents, in itinerant trading or in another occupation carried on in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future. Therefore, the Committee reiterates once again the hope that the Government will adopt, in the very near future, the necessary measures to provide for supervision of the application of the system of medical examination for fitness of 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 has access. It requests the Government to continue providing information on any progress made in this respect.

The Committee requests the Government to refer, for Articles 3(2), 4 and 6, to the comments it has made under the corresponding Articles of Convention No. 77.

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Articles 1 and 2 of the Convention. Scope of application. In its previous comments, the Committee had noted that certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, are excluded from the application of the provisions of the Convention by virtue of section 7 of the Labour Code:

1.     Servants employed in domestic work in private homes.

2.     Agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation.

3.     Establishments in which only family members work under the direction of either the father, the mother, or a guardian.

4.     Governmental and municipal services in regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee had also noted that with regard to workers who are engaged as servants in private homes, the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. It had observed that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. Furthermore, the Committee had noted that with regard to workers employed by the public administration, Decree No. 5883 of 3 November 1994 concerns the regulations applicable to employees and that municipal workers are subject to regulations adopted by each municipality.

The Committee notes the Government’s information that the draft amendment to the Labour Code, prepared by the tripartite committee set up by virtue of Order No. 210 of 20 December 2000, deals with the first three abovementioned exceptions to the Labour Code. This draft amendment was sent to the ILO for comments, which the Government recently received, and the Ministry of Labour is currently revising it so as to bring its provisions into better conformity with the provisions of the relevant ratified Conventions. The Committee expresses the hope that its outstanding comments will be taken into consideration so as to ensure that the national legislation is in conformity with the provisions of the Convention with regard to their application to all occupations other than those recognized as industrial, agricultural and maritime occupations in Lebanon.

The Committee notes the Government’s information concerning the various medical and insurance measures imposed on the employers of domestic servants. It notes, however, that, according to the Government, only persons who exceed the age of 18 years are required to undergo a medical examination prior to taking up employment in domestic work. The Committee must therefore request the Government to indicate which legal provisions ensure that young persons under 18 years are required to undergo a thorough medical examination prior to being engaged in domestic work. If there are no such provisions, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the conformity of national legislation with the Convention in this regard.

The Committee notes the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It requests the Government to supply copies of the texts relating to regulations governing the employees of the El Tiba and Bedia municipalities, which the Government’s report states was attached to the report, but have not been received by the Office.

Article 5. Expenses for the medical examination of workers employed by the public administration. The Committee has noted above the Government’s information that persons who seek employment in the public administration must provide a medical certificate, certified by an approved physician, which attests that they are free from disease and impairment which may hinder their work. It expresses the hope that young persons under the age of 18 years, or their parents, seeking employment in the public administration are not involved in any expense relating to the required medical certificate. The Committee requests the Government to supply more detailed information in this regard. It also requests the Government to refer to the comments it has made under Article 5 of Convention No. 77.

Article 7(2). Application of the Convention to children engaged in itinerant trading or on the streets or places to which the public has access. The Committee had previously noted the Government’s intention to have the matter of the supervision of the application of the system of medical examination of 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 has access, examined by the competent authorities, namely the relevant ministries. It notes the Government’s information that the Ministry of the Interior and Municipalities was informed of the comments made the Committee, which were then circulated to all governorates for appropriate action. The relevant authorities of all governorates have replied that there are no children or young persons engaged in the circumstances specified above. The Committee reminds the Government that even where there does not seem to be children or young persons working, on their own account or account of their parents, in itinerant trading or in another occupation carried on in the streets or in places to which the public has access, the Government must take the necessary measures to ensure that the system of medical examination for fitness for employment is applied in the event that children are employed in these circumstances in the future. Therefore, the Committee reiterates once again the hope that the Government will adopt, in the very near future, the necessary measures to provide for supervision of the application of the system of medical examination for fitness of 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 has access. It requests the Government to continue providing information on any progress made in this respect.

The Committee requests the Government to refer, for Articles 3(2), 4 and 6, to the comments it has made under the corresponding Articles of Convention No. 77.

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

The Committee notes the information supplied by the Government in its report and in reply to its direct request.

1.  Articles 1 and 2 of the Convention.  The Committee notes with interest the provision of section 22 of the Labour Code, as amended by Act No. 536 of 24 July 1996, making the commencement of employment for young persons aged from 13 to 18 years conditional on a medical examination to ensure that they may undertake the work for which they are recruited. In addition, section 1 of Order No. 157/1 of 2 August 2000 taken in application of Conventions Nos. 77 and 78, read in conjunction with section 8 of the Labour Code, provides for an examination on commencement of employment for minors aged under 18 years employed in non-industrial occupations.

According to the information supplied by the Government in its report, the Committee notes that the question of application of the provisions of the Convention to certain categories of children or young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations which are considered, for the purposes of the Convention, as being all occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations, has received only a partial reply in that section 7 of the Labour Code has not been amended as the Government stated in its previous report. In fact, under section 7 of the Labour Code, the following are excluded from its application:

(1)  servants employed in domestic work in private homes;

(2)  agricultural corporations which have no connection with trade or industry; they will be the subject of special legislation;

(3)  establishments in which only family members work under the direction of either the father, the mother, or a guardian;

(4)  governmental and municipal services in regard to workers and wage earners employed on a temporary or daily basis who do not enjoy the status of civil servants and who will be covered by special legislation.

The Committee therefore asks the Government to supply indications in regard to the measures it intends to take or has taken to bring national legislation into conformity with the provisions of the Convention in regard to the scope of national legislation.

With regard to workers who are engaged as servants in private homes, the Committee notes that the Government indicates in its report that the Ministry of Labour makes it incumbent on private employers to be as strict in preserving the health of their domestic workers as that of members of their family and, hence, to make them undergo medical examinations, whatever their nationality, whenever this is necessary. The Committee understands that these examinations are dependent on the employer’s judgement and do not therefore furnish the necessary guarantees for application of the Convention. It therefore requests the Government to communicate the legal provisions in regard to this matter so that it can ascertain their conformity with the Convention.

With regard to workers employed by the public administration, the Committee takes note of Decree No. 5883 of 3 November 1994 concerning the regulations applicable to employees. It notes that municipal workers are subject to regulations adopted by each municipality. It notes, in particular, that for workers in the Beirut municipality, jobseekers are required to submit a medical certificate authenticated by the medical commission of the municipality of Beirut attesting that they do not suffer from any disease which would render them incapable of performing the employment entrusted to them. The Committee requests the Government to send an example of the regulations adopted by this municipality in regard to employees and workers and to inform it of the arrangements made by other municipalities.

2.  Article 7(2).  Further to its previous comments in which the Committee noted the Government’s statement that it would examine the question of application of this provision in the context of preparing decrees for the implementation of the Convention and with a view to determining measures to supervise application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or on their parents’ account in itinerant trading or in any other occupation carried on in the streets or in places to which the public has access, the Committee notes, once again, the Government’s intention to have this matter examined by the competent authorities, namely the relevant ministries. In this regard, the Committee notes that, children and young persons 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 are considered as "itinerant categories" and hence fall under the control of the municipalities which are regulated by the Ministry of Internal Affairs while the Department of Prevention and Safety of the Ministry of Labour supervises application of the Labour Code as well as of the international labour Conventions. The Committee reiterates the hope that the Government will adopt, in the very near future, the necessary measures to provide supervision of application of the system of medical examination of fitness of young persons for employment by municipalities. It requests the Government to inform it of any progress made in this respect.

3.  The Committee requests the Government to refer, for Articles 3(2), 4, 5 and 6, to the comments it has made under the corresponding Articles of Convention No. 77.

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

The Committee notes the information supplied by the Government.

1. The Committee notes with interest the adoption of Ministerial Order No. 65/1 of 17 February 1995, section 3 of which provides that every employer should make the continued employment of a young person under 18 years of age subject to the repetition of medical examinations at intervals of not more than one year, which is in conformity with Article 3, paragraph 2, of the Convention.

2. Articles 1 and 2, paragraph 1. Further to its previous comments, the Committee notes that according to the Government's last report the question of application of the Convention to certain categories of children and young persons who are not covered by the Labour Code (section 7 of the Code) will be reconsidered in the process of updating the Code. The Committee draws the Government's attention to the fact that the Convention applies to children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations which are considered, for the purposes of the Convention, to be as all occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations. It hopes that the updated Labour Code will give full effect to the above-mentioned provisions of the Convention in regard to children and young people employed in non-industrial occupations, including those employed in domestic work in private homes.

3. The Committee notes that workers and wage-earners employed on a temporary or daily basis in government and municipal services are required to submit a medical certification of fitness for employment issued by specific authorities of the competent department. It also notes that, under section 7 of the Labour Code, these persons must be covered by a special law. It requests the Government to indicate the legislative provisions or regulations governing employment of this category of public officials under 18 years of age and to supply relevant copies.

4. Article 7. In the comments it has been making for a number of years, the Committee has drawn the Government's attention to the need to determine measures of identification to supervise the application of the system of medical examination for fitness for employment to children and young persons either engaged 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 stated earlier that it would examine that question in the context of the preparation of decrees for the implementation of the Convention. The Committee notes that the Government has provided no information on this point. It hopes that the Government will be able shortly to adopt measures on this matter and requests it to indicate the progress made in this respect.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report and requests the Government to supply in its next report additional information on certain questions raised in its previous comments.

1. Article 1 and Article 2, paragraph 1. In its previous comments the Committee requested the Government to indicate how it has given effect to the Convention with regard to certain categories of children and young persons who are excluded from the application of the Labour Code (domestic workers, salaried employees and wage-earners on probation or paid on a daily basis of government or municipal services).

According to the indications supplied by the Government, the Ministry of Labour provides, among the conditions for granting a work permit to foreign domestic workers, for the obligation to present a medical certificate, or in the case of Lebanese workers, the obligation to pass a medical examination; employees of public undertakings, before their assignment, must present a medical certificate pursuant to section 17 of Decree No. 6110 which refers "to the general provisions concerning medical care".

The Committee notes from these indications that there is an obligation provided for to present a certificate or to pass a medical examination, but that contrary to the requirements of the Convention, the conditions for making and issuing a certificate are not provided for, namely, that there must be a mexical examination for fitness for employment (Article 2.1), that it must be carried out by a qualified physician approved by the competent authority (Article 2.2), and that it must not involve the child or young person, or his parents, in any expense (Article 5). See also the comments made on the application of Convention No. 77 concerning the frequency of medical examinations.

2. Article 7. The Committee notes from the report of the Government that no measures of identification have been taken to supervise the application of the system of medical examination for fitness for employment to children and young persons either engaged 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 stated its intention to examine this question in the context of the preparation of decrees for the implementation of the Convention. The Committee hopes that the necessary measures will be taken then and that the Government will indicate the progress made in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters which were raised in its previous direct request:

1. Article 1 and Article 2, paragraph 1 (first phrase), of the Convention. The Labour Code and Decree No. 6341 of 1951, which were referred to by the Government, cover only undertakings that employ workers "for remuneration", whereas the Convention covers children and young persons admitted "to employment or work" in non-industrial occupations, whether they are wage earners or not. Moreover, under section 7, items 1 and 4, of the above-mentioned Code, domestic workers and certain government or municipal employees (on probation or on a daily basis) are excluded from its scope and, accordingly, from that of Decree No. 6341. Since such exceptions are not provided for by the Convention, the Committee asks the Government to state how full effect is given to this instrument on the points in question.

2. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Articles 4, 6 and 7. See under Convention No. 77, as follows:

1. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Article 4. Section 23 of the Labour Code prohibits the employment of young persons under 16 years of age, except on certain types of work, for which a medical certificate of fitness is required. Section 16 of Decree No. 6341 of 1951 provides for the medical examination of all wage earners at the time of recruitment and for a periodical examination during their period of service. The above-mentioned provisions of the Convention lay down that a young person under 18 years of age shall not be admitted to employment unless he has been found fit by a thorough medical examination, that this examination shall be repeated at intervals of not more than one year and that, for certain dangerous forms of work, medical examination and re-examination for fitness for employment shall be carried out until the age of 21 years. The Committee therefore asked the Government to state:

(a) whether the examinations provided for by section 16, subsection 2, of Decree No. 6341 are carried out at intervals of less than one year for young persons up to 18 years of age and at more frequent intervals in special circumstances relating to the risks of the occupation and the state of health of the young person;

(b) whether this frequency is maintained until the age of 21 years for certain dangerous forms of work;

(c) whether the above-mentioned medical examinations up to the age of 18 or 21 years, as the case may be, are also required for employment in undertakings employing fewer than 20 workers, which, under section 12 of Decree No. 6341, are not required to reserve the services of their own physician.

2. Articles 6 and 7. The Committee asks the Government to state how effect is given to these Articles of the Convention, which prescribe respectively (a) that appropriate measures shall be taken for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have limitations, and (b) the obligation that the employer shall keep available to labour inspectors the medical certificate for fitness for employment and the adoption of other methods of supervision for ensuring the strict enforcement of the Convention.

The comments relating to that Convention are also applicable to Convention No. 78. As regards in particular Article 7 of the latter Convention, the Committee requests the Government to indicate whether measures of identification have been adopted for ensuring the application of the medical examination system 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 has access.

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

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 following matters which were raised in its previous direct request.

Article 1 and Article 2, paragraph 1 (first phrase), of the Convention. The Labour Code and Decree No. 6341 of 1951, which were referred to by the Government, cover only undertakings that employ workers "for remuneration", whereas the Convention covers children and young persons admitted "to employment or work" in non-industrial occupations, whether they are wage earners or not. Moreover, under section 7, items 1 and 4, of the above-mentioned Code, domestic workers and certain government or municipal employees (on probation or on a daily basis) are excluded from its scope and, accordingly, from that of Decree No. 6341. Since such exceptions are not provided for by the Convention, the Committee asks the Government to state how full effect is given to this instrument on the points in question.

Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Articles 4, 6 and 7. See under Convention No. 77, as follows:

1. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Article 4. Section 23 of the Labour Code prohibits the employment of young persons under 16 years of age, except on certain types of work, for which a medical certificate of fitness is required. Section 16 of Decree No. 6341 of 1951 provides for the medical examination of all wage earners at the time of recruitment and for a periodical examination during their period of service. The above-mentioned provisions of the Convention lay down that a young person under 18 years of age shall not be admitted to employment unless he has been found fit by a thorough medical examination, that this examination shall be repeated at intervals of not more than one year and that, for certain dangerous forms of work, medical examination and re-examination for fitness for employment shall be carried out until the age of 21 years. The Committee therefore asked the Government to state:

(a) whether the examinations provided for by section 16, subsection 2, of Decree No. 6341 are carried out at intervals of less than one year for young persons up to 18 years of age and at more frequent intervals in special circumstances relating to the risks of the occupation and the state of health of the young person;

(b) whether this frequency is maintained until the age of 21 years for certain dangerous forms of work;

(c) whether the above-mentioned medical examinations up to the age of 18 or 21 years, as the case may be, are also required for employment in undertakings employing fewer than 20 workers, which, under section 12 of Decree No. 6341, are not required to reserve the services of their own physician.

2. Articles 6 and 7. The Committee asks the Government to state how effect is given to these Articles of the Convention, which prescribe respectively (a) that appropriate measures shall be taken for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have limitations, and (b) the obligation that the employer shall keep available to labour inspectors the medical certificate for fitness for employment and the adoption of other methods of supervision for ensuring the strict enforcement of the Convention.

The comments relating to that Convention are also applicable to Convention No. 78. As regards in particular Article 7 of the latter Convention, the Committee requests the Government to indicate whether measures of identification have been adopted for ensuring the application of the medical examination system 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 has access.

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

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 following matters which were raised in its previous direct request.

Article 1 and Article 2, paragraph 1 (first phrase), of the Convention. The Labour Code and Decree No. 6341 of 1951, which are referred to by the Government, cover only undertakings that employ workers "for remuneration", whereas the Convention covers children and young persons admitted "to employment or work" in non-industrial occupations, whether they are wage earners or not. Moreover, under section 7, items 1 and 4, of the above-mentioned Code, domestic workers and certain government or municipal employees (on probation or on a daily basis) are excluded from its scope and, accordingly, from that of Decree No. 6341. Since such exceptions are not provided for by the Convention, the Committee asks the Government to state how full effect is given to this instrument on the points in question.

Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Articles 4, 6 and 7. See under Convention No. 77, as follows:

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 following matters which were raised in its previous direct request.

1. Article 2, paragraph 1, Article 3, paragraphs 1, 2 and 3, and Article 4. Section 23 of the Labour Code prohibits the employment of young persons under 16 years of age, except on certain types of work, for which a medical certificate of fitness is required. Section 16 of Decree No. 6341 of 1951 provides for the medical examination of all wage earners at the time of recruitment and for a periodical examination during their period of service. The above-mentioned provisions of the Convention lay down that a young person under 18 years of age shall not be admitted to employment unless he has been found fit by a thorough medical examination, that this examination shall be repeated at intervals of not more than one year and that, for certain dangerous forms of work, medical examination and re-examination for fitness for employment shall be carried out until the age of 21 years. The Committee therefore asked the Government to state:

(a) whether the examinations provided for by section 16, subsection 2, of Decree No. 6341 are carried out at intervals of less than one year for young persons up to 18 years of age and at more frequent intervals in special circumstances relating to the risks of the occupation and the state of health of the young person;

(b) whether this frequency is maintained until the age of 21 years for certain dangerous forms of work;

(c) whether the above-mentioned medical examinations up to the age of 18 or 21 years, as the case may be, are also required for employment in undertakings employing fewer than 20 workers, which, under section 12 of Decree No. 6341, are not required to reserve the services of their own physician.

2. Articles 6 and 7. The Committee asks the Government to state how effect is given to these Articles of the Convention, which prescribe respectively (a) that appropriate measures shall be taken for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have limitations, and (b) the obligation that the employer shall keep available to labour inspectors the medical certificate for fitness for employment and the adoption of other methods of supervision for ensuring the strict enforcement of the Convention.

3. The Committee hopes that the next report of the Government will contain the information requested and that it will be drawn up in accordance with the report form adopted for the purpose by the Governing Body.

The comments relating to that Convention are also applicable to Convention No. 78. As regards in particular Article 7 of the latter Convention, the Committee requests the Government to indicate whether measures of identification have been adopted for ensuring the application of the medical examination system 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 has access.