Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Slovakia (Ratification: 1993)

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

The Committee notes the Government’s report. It notes with interest the adoption of Act No. 355/2007 on the protection, support and development of public health which now gives effect to most of the provisions of the Convention.

Article 2, paragraph 1, of the Convention. Medical examination. In its previous comments, the Committee had requested the Government to indicate the provisions requiring the medical examination of young persons before admission to employment. The Committee notes that according to section 30(4) and (8) of Act No. 355/2007, young persons shall undergo a preventive medical work-related examination before entering employment.

Article 2, paragraph 2. Medical certificate. Following its previous comments, the Committee notes the Government’s reference to section 30(8) of Act No. 355/2007 which states that a preventive medical work-related examination in the case of young persons before entering employment shall be performed by a physician specialized in general care for children and young persons. It also notes section 30(9) of Act No. 355/2007 which requires the physician to record the results of such medical examination in a healthcare document on the basis of which an assessment of fitness for performing a specific activity shall be concluded.

Article 2, paragraph 3. List of jobs involving health risks. Following its previous comments, the Committee notes the Government’s information that according to section 30(10) of Act No. 355/2007, the health assessment document certifying fitness for a specific type of employment shall contain the name and address of the employer and employee, occupational classification, working environment factor and conclusion of the health assessment.

Article 2, paragraph 4. Authority competent to draw up a health certificate and conditions of issue. The Committee notes the Government’s information that the document certifying fitness for employment is issued by the occupational health service physician. The results of the preventive medical work-related examinations are recorded in a healthcare document based on which an assessment of health fitness to perform a specific activity shall be concluded. The physician shall send a copy of the health assessment of the employee to the employer and to the physician with whom the employee has concluded an outpatient healthcare agreement.

Article 3, paragraph 3. Medical re-examination. The Committee had previously requested the Government to specify the provisions which designate either the special circumstances in which a medical re-examination shall be required in addition to the annual examination, or empower the competent authority to require medical re-examinations in exceptional cases. The Committee notes the Government’s information that under the terms of section 30(7) of Act No. 355/2007, the Public Health Authority may order an employer to perform an additional preventive medical work-related examination if the risk factors of the work or the working environment change significantly, or the health situation of employees change materially in relation to the work performed.

Article 4, paragraphs 1 and 2. Medical examination of fitness for employment in occupations involving high health risks and repetition until the age of 21 years and specification of such occupations. In its previous comments, the Committee had asked the Government to indicate the laws or regulations specifying the occupations or categories of occupations in which medical examination and re-examinations are required until the age of 21 because of their inherent high health risks. The Committee notes the Government’s reference to section 30(4) of Act No. 355/2007 according to which medical examinations shall be performed by occupational health service physicians in the case of all employees irrespective of their age. It also notes that section 31 of Act No. 355/2007 provides a list of occupations classified into several categories depending upon the health risks involved in each occupation. Pursuant to section 30(5) of the above Act, employees shall undergo medical examinations, depending on the category of occupation.

Article 5. Medical examinations free of charge. The Committee had previously requested the Government to indicate the legislative or regulatory provisions which provide for medical examinations free of charge to the young persons or their parents. The Committee notes the Government’s information that the provision of expense-free medical examinations for young persons or their parents is laid down in Act No. 577/2004 on the scope of healthcare reimbursement on the basis of health insurance and on payments for healthcare related services. It also notes that according to section 30(11) of Act No. 355/2007, expenses incurred in connection with assessing fitness for work shall be borne by the employer.

Article 6, paragraphs 1 and 2. Vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work. Following its previous comments, the Committee notes the Government’s information that section 1(3) of the Decree of the Ministry of Health No. 458/2006 on the particulars of the scope and content of the performance of occupational health service, the composition of the specialist team undertaking it, and the requirements for their professional competence lays down the conditions for occupational consultancy and the physical and vocational rehabilitation of children and young persons who were found unfit by the medical examination for certain types of work, or have certain physical handicaps or limitations. The Committee requests the Government to supply a copy of Act No. 458/2006.

Article 6, paragraph 3. Temporary work permits for a limited period. The Committee had previously requested the Government to specify the laws or regulations which provide for the issue of temporary work permits or medical certificates valid for a limited period at the expiration of which the young workers will be required to undergo re-examination, or of permits or certificates requiring special conditions of employment to children and young person whose fitness for employment is not clearly determined. The Committee notes the Government’s information that the provision for a temporary work permit or health certificate for a limited period is provided in the Decree of the Ministry of Health No. 458/2006. It also notes the Government’s information that the conclusion of the assessment of the employee’s fitness for work may contain a health certificate for a limited period for performing a specific work.

Article 7, paragraph 1. Availability to labour inspectors of the medical certificate. Following its previous comments, the Committee notes the Government’s information that pursuant to section 1(7) of the Decree of the Ministry of Health No. 458/2006, occupational health service physicians are obliged to make available to labour inspectors a document certifying the health fitness of young employees for employment. It also notes the Government’s information that the occupational health physician shall send the document certifying the health fitness of an employee to the employees’ safety representative, the commission on safety and protection of health at work, the employer and the state administration bodies in the field of public health.

Article 7, paragraph 2. Methods of supervision. The Committee notes the Government’s information that according to section 54 of Act No. 355/2007, compliance with the provisions of this Act is monitored by the State health supervisory bodies such as public health authority staff, or public health bodies. It also notes the Government’s information that public health bodies, in performing state health supervision, coordinate with state administrative bodies in the field of labour inspection. The Committee requests the Government to provide further information on the functioning of public health bodies.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information communicated by the Government in its report. It requests the Government to supply details on the following points.

1. Article 2, paragraph 1, of the Convention. The Committee notes article 173 of the Labour Code, stipulating that an employer may only employ adolescent employees for such work that is appropriate to their physical and mental development, which does not jeopardize their morality, and shall provide them with increased care at work. Pursuant to article 40, paragraph 3, of the Labour Code, adolescent employees are defined as employees under the age of 18 years. The Committee notes article 176, paragraph 2, of the Labour Code, obliging adolescent employees to undergo determined medical examinations, and its paragraph 3 prescribes that, in assigning work tasks to adolescent employees, the employer shall be guided by medical assessments. The latter provision, however, does not provide specifically for medical examinations of adolescent employees for admission to employment. The Committee therefore requests the Government to indicate the provision in conformity with the Convention providing expressly for medical examinations of young persons before admission to employment.

2. Article 2, paragraph 2. With regard to the person or organ responsible for carrying out the medical examination for fitness for employment and the requirement to certify the medical examinations, i.e. its results, either by a medical certificate or by an endorsement to the work permit or in the workbook, the Committee requests the Government to indicate the person or organ responsible for carrying out these medical examinations, and to specify the legislative or regulatory provision which lays down the obligation to certify the medical examinations.

3. Article 2, paragraph 3. The Committee notes that article 171, paragraph 2, of the Labour Code obliges the employer to keep records of adolescent employees whom he or she employs in an employment relationship. The records must include the dates of birth of adolescent employees. Hence, it emerges from this provision that a kind of document on the adolescent employee must be established. However, except for the date of birth, it is not apparent to the Committee whether these records comprise a document certifying the fitness for employment or the degree of fitness of the young person examined. The Committee accordingly asks the Government to indicate the provision requiring the issuance of a document certifying fitness for employment of adolescent employees.

4. Article 2, paragraph 4. The Committee requests the Government to specify the competent authority to issue the document certifying fitness for employment, if such a document exists, and to supply particulars on arrangements for establishing and issuing this document.

5. Article 3, paragraphs 1 and 3. The Committee notes article 176, paragraph 1(b), of the Labour Code obliging the employer to ensure that adolescent employees are medically examined on a regular basis as required, at least once a year, unless stipulated otherwise by a special regulation. In this respect, the Government indicates in its report that Annex 4 to Act No. 98/1995 Collection of Laws on Curative Order (Medical Code), as amended, and the Regulation of the Ministry of Health No. 17/1970 on Assessment of Health Capacity to Work, as amended, contains further provisions in application of article 176, paragraph 1(b), of the Labour Code. The Committee would like the Government to specify the provisions, which designate either the special circumstances in which a medical re-examination shall be required in addition to the annual examination, or empower the competent authority to require medical re-examinations in exceptional cases. It further asks the Government to supply, with its next report, a copy of Act No. 98/1995 on Curative Order (Medical Code), as amended, and the Regulation of the Ministry of Health No. 17/1970 on Assessment of Health Capacity to Work, as amended.

6. Article 4, paragraphs 1 and 2. The Committee notes article 176 of the Labour Code providing for medical examination of adolescent employees. Pursuant to article 40, paragraph 3, of the Labour Code, the term adolescent employee designates an employee younger than 18 years of age. Hence, the Committee notes that, under the provisions of the Labour Code, medical examinations of young persons are only obligatory until the age of 18. In this regard, the Government, however, indicates that Act No. 98/1995, Collection of Laws on Curative Order (Medical Code), as amended, and the Regulation of the Ministry of Health No. 17/1970 on Assessment of Health Capacity to Work, as amended, contains provisions to implement article 176, paragraph 1(b), of the Labour Code concerning regular medical examinations, at least once a year, of adolescent employees. The Committee requests the Government to indicate whether the above laws and regulations contain also a provision requiring medical examination and re-examinations for fitness for employment until at least the age of 21 in occupations which involve high health risks. It further asks the Government to indicate the laws or regulations specifying the occupations or categories of occupations in which medical examination and re-examinations are required until at least the age of 21 because of their inherent high health risks.

7. Article 5. The Committee requests the Government to indicate the legislative or regulatory provisions which provide, in conformity with this Article of the Convention, for medical examinations free of charge to the young persons or their parents.

8. Article 6, paragraphs 1 and 2. TheCommittee notes article 55, paragraphs 1 and 2, of the Labour Code providing for the employer’s obligation to transfer the employee to a different work in the event that, according to the medical assessment or a decision of the state health administration authorities, the employee has lost, from the health point of view, the long-term capacity to continue to perform the work he or she is assigned to. The Committee would like the Government to indicate the laws or regulations which provide, in conformity with the Convention, for measures for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations.

9. Article 6, paragraph 3. The Committee requests the Government to specify the laws or regulations which provide for the issue of temporary work permits or medical certificates valid for a limited period at the expiration of which the young workers will be required to undergo re-examination, or of permits or certificates requiring special conditions of employment to children and young persons whose fitness for employment is not clearly determined and, if there are no such provisions, to adopt the necessary measures to this effect.

10. Article 7, paragraph 1. The Committee notes that section 15, subsections 2(e) and 3 of Act No. 95/2000, Collection of Laws on Labour Inspection, as amended, designates the documents the employer must keep at the disposal of the labour inspectors. However, the medical certificate for fitness for employment or the work permit or workbook showing that there are no medical objections to the employment do not seem to figure among the documents the employer must keep available to the labour inspectors. The Committee therefore requests the Government to specify the provision laying down the employer’s obligation to keep available to the labour inspectors a document certifying the fitness for employment of the adolescent employees.

11. Article 7, paragraph 2. The Committee requests the Government to supply the relevant information on the other methods of supervision adopted for ensuring the strict enforcement of the Convention.