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The Committee notes the information supplied in the Government's last report.
1. Articles 2 and 5. In its previous comments the Committee drew the Government's attention to the application of the Convention in accordance with Article 1, paragraph 1, to children and young people employed or working in all industrial undertakings irrespective of the number of workers. Under section 12 of Decree No. 6341 of 24 October 1951 on the organization of safety and health in companies, undertakings which employ fewer than 20 workers are not required to engage a particular physician designated the company physician. The Government earlier indicated that in practice undertakings, including small ones, require workers, under the provisions of the employment contract, to present a medical certificate certifying that they are fit for work and free from any disease. Presentation of a medical certificate before taking up employment is therefore required, as the Government indicated in its last report, by internal regulations approved by the Ministry of Labour.
The Committee notes this information. It requests the Government to indicate the measures taken or envisaged to ensure that children and young persons under 18 years of age are found fit to be employed in an undertaking employing fewer than 20 employees by a thorough medical examination carried out by an approved physician which does not involve the person concerned or his or her parents in any expense.
2. Article 3, paragraph 2. Further to the previous comments, the Committee notes that section 3 of Ministerial Order No. 65/1 of 17 February 1995 concerning the procedure for applying certain provisions of international labour Conventions Nos. 52, 59, 78 and 95 stipulates that each employer must ensure that employment of a person under 18 years of age is subject to the repetition of medical examinations at intervals of not more than one year, in accordance with Article 3 of Convention No. 78. Since the preamble to this Order and its section 3 refer to Convention No. 78 which deals with the medical examination of children and young persons in non-industrial occupations, the Committee requests the Government to specify whether the Order applies to the employment of children or young persons under 18 years of age working in industrial undertakings.
3. Article 4. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged by the special committee responsible for taking internal measures to give effect to ratified Conventions in regard to the requirement until the age of 21 years of the medical examinations for fitness for employment in occupations which involve high health risks. The Government indicates that the special committee has not yet begun examining the decrees issued under the code.
The Committee hopes that these texts will be adopted in the near future and will give full effect to the provisions of this Article of the Convention and requests the Government to provide a copy.