Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) - Cuba (Ratificación : 1954)

The Committee notes the information supplied in the Government’s report. It notes that, according to the Government, the provisions of the Convention are applied by the Labour Code and by the Protection and Health at Work Act and its General Regulations. The Committee asks the Government to provide the following information.

Article 2, paragraph 1, of the Convention. The Committee notes that section 41(b) of the Protection and Health at Work Act, No. 13, provides that "young people of less than 15 and 16 years of age may be employed in exceptional cases provided that the requirements established therefor are fulfilled". Section 220(2) of the Labour Code provides that, before admitting young persons to work, the employer must "arrange and carry out a medical examination and obtain health certification in order to determine whether they are physically and mentally fit for the work". However, there appears to be no provision requiring medical examinations for young persons up to the age of 18 years. The Committee asks the Government to indicate which provision lays down this obligation and, if there is no such provision, to adopt legislative or regulatory measures to apply this provision of the Convention.

Article 2, paragraph 2. The Committee notes that Regulation 102 of the General Regulations of the Protection and Health at Work Act states that "pre employment and periodical medical examinations shall be carried out by the Industry and Labour Medical Service or, failing that, by the work or community polyclinic corresponding to the enterprise". The Committee observes, however, that there is no provision requiring the medical examination to be certified either by a medical certificate or by an endorsement on the work permit or in the work book. The Committee therefore asks the Government to indicate the provision of the legislation which lays down this obligation and, if there is no such provision, to adopt the necessary measures to establish such an obligation in law.

Article 2, paragraph 3. The Committee also notes that, according to Regulation 96 of the General Regulations of the Protection and Health at Work Act, "for the purpose of carrying out pre-employment medical examinations, the Ministry of Public Health, after consulting the State Committee for Labour and Social Security and the Cuban Workers’ Confederation, shall establish in order of importance a list of occupations involving tasks which require the workers who are to perform them to undergo such examinations". The Committee asks the Government to state whether such a list of occupations has been established in accordance with this Regulation and, if so, to provide a copy of it.

Article 2, paragraph 4. The Committee notes that there appears to be no provision in the legislation specifying the authority which is competent to issue the documents certifying fitness for employment and defining the conditions to be observed in drawing up and issuing the document. The Committee therefore asks the Government to indicate whether any provision applies this paragraph of Article 2 and, if not, to take the necessary steps to give effect to this provision of the Convention.

Article 3, paragraph 1. The Committee notes that there would appear to be no provision in the national legislation requiring the fitness of children or young persons for the employment in which they are engaged to be subject to medical supervision until they have attained the age of 18 years. The Committee requests the Government to indicate the national standard that applies this provision of the Convention or, if there is no such standard, to take the necessary steps to give effect to this provision.

Article 3, paragraph 2. The Committee notes that Regulation 99 of the General Regulations of the Protection and Health at Work Act establishes that "periodic examinations shall be carried out to ascertain whether workers are still fit to perform their job". The Committee observes that this is a general provision applying to all workers and that there is no specific provision for working minors. Furthermore, the provision does not specify that the medical examination should be carried out at intervals of not more than one year. The Committee asks the Government to take the necessary measures to enforce the provisions of this Article of the Convention or to indicate which, if any, provision of the legislation applies them.

Article 4, paragraph 1. The Committee notes that Regulation 96 of the General Regulations of the Protection and Health at Work Act, as noted above, contains a general provision which sets no limit as to the age until which the medical examination must be carried out (21 years). The Committee asks the Government to take the necessary steps to ensure that its legislation gives effect to this provision of the Convention if none of the provisions currently in force do so.

Article 4, paragraph 2. The Committee notes that Regulation 96 of the General Regulations of the Protection and Health at Work Act requires a list of occupations to be established involving tasks which require the workers who perform them to undergo prior medical examinations. It is clear, however, that this Regulation does not refer to the case provided for in the Convention. The Committee therefore asks the Government to take the necessary measures to give effect to this Article, if no other text in force applies it.

Article 5. The Committee notes that no provisions of the legislation referred to by the Government (Labour Code, Protection and Health at Work Act and its General Regulations) provides that the medical examinations referred to in this Convention shall be free of charge. The Committee therefore asks the Government to take the necessary measures to establish in the legislation that the medical examinations to which young persons must be submitted under this Convention are to be free of charge, if no other provision exists to apply this Article of the Convention.

Article 6. The Committee notes that there is no provision which can be deemed to apply this Article of the Convention. It therefore asks the Government to take steps to ensure that its legislation gives effect to this Article of the Convention.

Article 7, paragraphs 1 and 2. The Committee recalls that, according to this Article of the Convention, employers must be required to file and keep available to labour inspectors either the medical certificate for fitness for employment or the work permit or work book showing that there are no medical objections to the employment as may be prescribed by national laws or regulations. This Article also provides that the national laws or regulations shall determine the other methods of supervision to be adopted for ensuring strict enforcement of the Convention. The Committee asks the Government to take the necessary steps to ensure that its legislation gives effect to this Article of the Convention.

The Committee asks the Government to provide, in accordance with Part V of the report form, statistical information on the number of young persons who work and who have been subjected to the medical examinations required by the Convention, together with information on the activities of the inspectorate including the number and nature of any infringements reported and penalties imposed.