Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 77) sur l'examen médical des adolescents (industrie), 1946 - Slovaquie (Ratification: 1993)

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.