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

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Convention (n° 77) sur l'examen médical des adolescents (industrie), 1946 (Ratification: 1970)
Convention (n° 78) sur l'examen médical des adolescents (travaux non industriels), 1946 (Ratification: 1970)

Autre commentaire sur C077

Observation
  1. 2024
  2. 2016
  3. 2011
Demande directe
  1. 2006
  2. 2001

Other comments on C078

Demande directe
  1. 1987

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 together.
Article 1 of Convention No. 78. Scope of application. Children and young persons working on their own account. In its previous comments, the Committee noted: (1) the absence of provisions in the national legislation ensuring the application of the Convention to young persons working on their own account, as opposed to salaried young persons and apprentices who are covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code; and (2) the Government’s indication that the Labour Code, which is under revision, would include a new definition of “worker”, so that workers in the formal and informal sectors would benefit from the same protection.
The Committee notes the Government’s indication, in its report, that consultations between the Government and the social partners are ongoing with a view to updating the new draft Labour Code, and that a copy of the Code would be communicated to the Committee following its adoption. The Committee recalls that: (1) young persons who work on their own account are covered by Article 1(1) of the Convention; and (2) it has been raising the need to take the necessary measures to bring the legislation into conformity with the Convention since the Government’s first report in 1973. Consequently, it notes with regret that there is no progress in this regard. The Committee therefore urges the Government to take the necessary measures to: (i) ensure that the draft Labour Code contains provisions allowing children and young persons working on their own account to be covered by the Convention, in particular that they undergo the medical examinations provided by the Convention; and (ii) adopt the revised Labour Code as soon as possible. It requests the Government to provide information on progress made in the revision and to communicate a copy of the new Labour Code, once adopted.
Application in practice of Conventions Nos 77 and 78. The Committee notes the Government’s indications that: (1) medical examinations concern all workers on recruitment, and that there are no statistics on the precise numbers of young persons that undergo the medical examinations provided under the Conventions; (2) there have been no complaints or inspection reports related to the application of the Conventions; and (3) the application of the Conventions has not given rise to any disputes. With regard to its earlier comments concerning the extension of the intervention of labour inspectors and the points mentioned above, the Committee refers to its comments in respect of the Minimum Age Convention, 1973 (No. 138).
[ The Government is asked to reply in full to the present comments in 2027. ]
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