Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 77) sur l'examen médical des adolescents (industrie), 1946 - République dominicaine (Ratification: 1973)

Articles 2(1) and 3(1) of the Convention. Thorough medical examination until 18 years of age. In its previous comments, the Committee noted that: (1) section 248 of the Labour Code provides that any child or young person under 16 years of age wishing to carry out work in any kind of enterprise must undergo a thorough medical examination; (2) sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 provide that children or young persons who work shall be under medical supervision until they reach the age of 16 years, as provided for in section 17 of the Labour Code; and (3) since 2006, the Government has been urged to amend legislation to raise the age at which young workers must undergo such thorough medical examination from 16 to 18 years.

In this regard, the Committee notes from the Government’s report that: (1) the discussions among the social partners to amend section 248 of the Labour Code, in accordance with Article 2(1) of the Convention, have progressed by 90 per cent; and (2) no information has been provided on the measures envisaged to amend sections 52 and 53 of Regulation No. 258-93.

The Committee recalls that it has been raising this matter since 2006 and that the Government has been referring to the draft amendment of the Labour Code since 2012. The Committee therefore notes with regret the lack of progress in this regard. The Committee therefore urges the Government to take the necessary measures in order to: (i) make progress as soon as possible in the process of amending the Labour Code; and (ii) ensure that the necessary amendments are made to sections 52 and 53 of Regulation No. 258-93 to comply with the provisions of the Convention. This includes, in accordance with Articles 2(1) and 3(1) of the Convention, raising from 16 to 18 years the age at which young workers must undergo a medical examination for fitness for employment and be subject to medical supervision. The Committee also requests the Government to provide updated information on any progress made in this regard.

Article 4(1). Medical examination and re-examinations for fitness for employment until at least the age of 21 years. The Committee recalls that, under section 53 of Regulation No. 258-93, only children and young persons under 16 years of age are currently required to undergo a medical examination, which must be repeated every year or every three months if the work involves risks to the health of the child or young person.

In this regard, the Committee notes with regret that the Government has once again failed to provide information on the possibility of amending Regulation No. 258-93. The Committee therefore once again reminds the Government that, under Article 4(1) of the Convention, in occupations which involve high health risks for children and young persons, medical examination and re-examinations for fitness for employment shall be required until at least theage of 21 years. The Committee therefore urges the Government to take the necessary measures to ensure that section 53 of Regulation No. 258-93 is amended to bring it into conformity with the Convention in this regard, so that, in occupations which involve health risks, medical examination and re-examinations for fitness for employment are required until at least the age of 21 years. The Committee once again requests the Government to provide information on progress made in this regard.

Article 4(2). Specification of the occupations in which medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee notes the adoption of Resolution No. 10-2023 of 13 November 2023 amending the list of hazardous and unhealthy work for children and young persons under 18 years of age and repealing Resolution No. 52-04 of 13 August 2004. While this legislative measure seeks to broaden the catalogue of occupations that may be hazardous and unhealthy for children and young persons under 18 years of age, the Committee notes with regret that the legislation does not specify, or empower an appropriate authority to specify, the occupations or categories of occupations in which medical examination and re-examinations for fitness for employment are required until at least the age of 21 years. The Committee therefore urges the Government to take the necessary measures to ensure that this matter is addressed during the process of amending the Labour Code and that the legislation is brought into conformity with the Convention. This requires labour legislation to specify, or empower an appropriate authority to specify, the occupations or categories of occupations in which medical examination and re-examinations for fitness for employment are required until at least the age of 21 years.

The Committee encourages the Government to take into account the Committee’s comments during the ongoing amendment of the Labour Code. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation and practice into conformity with the Convention.