Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

New Caledonia

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1974)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1974)

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

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee notes the Government’s indication in its report that the reform of the occupational health services was adopted by Act No. 2020-7 of 15 May 2020 and Decision No. 37/CP of 24 June 2020 issued under the Act. However, the Committee notes that this reform has not resulted in any change to the time when the medical examination for fitness for employment of young workers under 18 years of age is to be carried out. The Committee notes with regret that the Act continues to provide that all workers under the age of 18 years shall undergo a medical examination by an occupational physician before being hired or at the latest before the expiry of the trial period (section Lp. 251-3 of the Labour Code of New Caledonia), that is, at the latest, “eight days after they are hired” (section R. 263-54 of the Labour Code). In this regard, the Committee recalls that, under the terms of Article 2(1) of the Conventions, children and young persons under 18 years of age shall not be admitted to employment unless they have been found fit for the work by a thorough medical examination prior to being hired.

The Committee takes due note of the statistics provided by the Government, according to which seven young workers underwent medical examinations in 2022 and 19 in 2023. The Committee recalls that it has been raising this issue since 2000 and it therefore once again urges the Government to take all the necessary measures to ensure that children and young persons under 18 years of age cannot be admitted to employment by an industrial enterprise or to work in non-industrial occupations unless they have been found fit for work by a thorough medical examination before being hired, and not after they have been hired, as allowed by the national legislation. It once again requests the Government to provide information on the measures taken in this respect.

Article 3(2) of Conventions Nos 77 and 78. Annual repetition of the medical examination. The Committee notes the Government’s indication that, in the case of workers under 18 years of age, the interval between examinations may not exceed three years (section R. 263-53 of the Labour Code). In this regard, the Committee recalls that, in accordance with Article 3(2) of the Conventions, the employment of a child or young person cannot be continued unless the medical examination is repeated at intervals not exceeding a year. The Committee therefore requests the Government to take the necessary measures to ensure that the medical examination of young workers under 18 years of age is repeated at intervals that are not in excess of one year.

Article 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee notes the information provided by the Government in reply to its previous comments, according to which: (1) no specific regulations have been adopted to ensure the application of a system of medical examination for 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 have access; (2) however, in the absence of specific legislation for street markets, sections Lp. 251-2 and Lp. 251-3 of the Labour Code, read in conjunction, establish the requirement for all young persons aged 14 years who are engaged in light work to undergo a medical examination by an occupational physician before being hired or at the latest before the expiry of the trial period; and (3) therefore, even in the context of family work, an employer (parent) who intends to hire a young person aged between 14 and 16 years is required to submit a declaration to the labour inspector within a period of 15 days prior to the envisaged date of hiring (section Lp. 421-2 of the Labour Code).

While noting that the provisions referred to above establish the requirement for a medical examination for young persons aged 14 years and over who are engaged in light work (section Lp. 251-3 of the Labour Code), and that there is a requirement to submit a declaration to the labour inspection services when an establishment hires a minor (section Lp. 421-2 of the Labour Code), the Committee notes that these provisions do not contain measures for the clear identification of children and young persons engaged on their own account or on account of their parents with a view to ensuring that the requirement of a medical examination for fitness for employment is indeed applicable to them. The Committee once again reminds the Government that, under the terms of Article 7(2)(a) of Convention No. 78, measures of identification shall be adopted for ensuring the application of the system of medical examination for fitness for employment to 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. The Committee notes that it has been raising this matter for over 30 years and it once again urges the Government to take the necessary action to determine the measures of identification of 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 have access in order to ensure the application to them of the system of medical examination of fitness for work. It requests the Government to provide information on any progress achieved in this respect, with an indication of: (i) the measures of identificationadopted to ensure the application of the system of medical examination for fitness for work to these children and young persons; and (ii) the other methods of supervision adopted to ensure the strict enforcement of the Convention.