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

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Dominican Republic (Ratification: 1973)

Articles 2(1) and 3(1) of the Convention. Thorough medical supervision up to the age of 18 years. In its previous comments, the Committee noted that section 248 of the Labour Code provides that any minor under 16 years of age wishing to carry out any kind of work must undergo a thorough medical examination. It also noted that sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 issuing regulations under the Labour Code (hereinafter Regulation No. 258-93) provide that minors who work shall be under medical supervision until they reach the age of 16 years, as provided for in section 17 of the Labour Code. The Committee requested the Government to provide information on the measures taken to raise the age set out in the Labour Code and in Regulation No. 258-93 from 16 to 18 years in order to bring these texts into conformity with the Convention. It noted the Government’s indications that preparatory work in this regard had concluded that the age established by the Labour Code should be raised, and that a resolution relating to Regulation No. 258-93 had already raised the age from 16 to 18 years. The Government also indicated that on 10 August 2012, the Ministry of Labour had submitted a draft amendment to the Labour Code for tripartite discussion with the most representative employers’ and workers’ organizations.

The Committee notes the Government’s indication in its report that the draft amendment to the Labour Code is still in the consultation phase. Noting that it has been raising this issue since 2006, the Committee urges the Government to take the necessary measures to make progress with the draft amendment to the Labour Code and to Regulation No. 258-93 of 12 October 1993 as soon as possible in order to bring these texts into conformity with the Convention and raise the age up to which young workers must remain under thorough medical supervision from 16 to 18 years. The Committee requests the Government to provide information on any progress made in this regard.

Article 4(1). Medical examination and re-examinations for fitness for employment until at least the age of 21 years. The Committee previously noted that under the terms of section 53 of Regulation No. 258-93, medical examinations are only required for minors under 16 years of age and must be repeated every year, or every three months if the work involves high risks to the health of the young person.

The Committee notes that the Government has not provided any new information in this respect and reminds the Government once again that under Article 4(1) of the Convention, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment shall be required until at least the age of 21 years. The Committee expresses the firm hope that the draft amendment to the Labour Code will soon be adopted so as to bring the legislation into conformity with the Convention on this point, and requests the Government to provide information on any progress made in this regard.

Article 4(2). Specification of the occupations in which medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee previously noted that resolution No. 52/2004, which establishes a detailed list of hazardous and unhealthy types of work prohibited for children under 18 years of age, does not specify the occupations or categories of occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years, and does not empower an appropriate authority to specify such occupations or categories of occupations. Noting with regret that the Government has not provided any further information on this subject, the Committee reminds the Government that, in accordance with Article 4(2) of the Convention, national laws or regulations shall either specify, or empower an appropriate authority to specify, the occupations or categories of occupations in which medical examination and re-examinations for fitness for employment shall be required until at least the age of 21 years. The Committee therefore once again requests the Government to take the necessary measures to ensure that account is taken of this issue during the process of amending the Labour Code, with a view to bringing the legislation into conformity with the Convention.

The Committee welcomes the agreement, reached in July 2016, on the establishment of a tripartite body which will, among other functions, examine and discuss compliance with ratified ILO Conventions and contribute to the preparation of the reports requested by this Committee. The Committee trusts that the abovementioned issues will be given due consideration by this tripartite body.