Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Dominican Republic (Ratification: 1973)

The Committee notes that the Government’s report contains no reply to its previous comment. It is therefore bound to repeat its previous observation which read as follows:

Repetition

Articles 2(1) and 3(1) of the Convention. Thorough medical supervision up to the age of 18 years. In its previous comments, the Committee noted that section 248 of Act No. 16-92 of 31 May 1992, approving the Labour Code (hereinafter the Labour Code), provides that any minor under 16 years of age wishing to carry out any kind of work must undergo a thorough medical examination. It also noted that sections 52 and 53 of Regulation No. 258-93 of 12 October 1993 issuing regulations under the Labour Code (hereinafter, Regulation No. 258-93 of 12 October 1993), provide that working minors shall be under medical supervision until they reach the age of 16 years, as envisaged in section 17 of the Labour Code. The Committee requested the Government to provide information on the measures adopted to raise the age set out in the Labour Code and in Regulation No. 258-93 of 12 October 1993 from 16 to 18 years so that the above texts are brought into harmony with the provisions of the Convention.

With regard to the Labour Code, the Committee noted the information provided by the Government according to which a report by a consultant has concluded that the age established by the Labour Code should be raised. With reference to Regulation No. 258-93 of 12 October 1993, it noted the Government’s indication that a resolution has already raised the age from 16 to 18 years. The Committee reminded the Government that, under the terms of Articles 2(1) and 3(1) of the Convention, children and young persons under 18 years of age may not be admitted to employment by an industrial enterprise unless they have been found to be fit for the work on which they are to be employed by a thorough medical examination. The Committee once again requests the Government to provide information on the measures adopted or envisaged to bring the Labour Code and Regulation No. 258 93 of 12 October 1993 into conformity with the Convention and to raise from 16 to 18 years the age established for thorough medical supervision. The Committee also requests the Government to provide a copy of the resolution which is reported to have raised the age established for thorough medical supervision from 16 to 18 years.

Article 4(1). Medical examinations and re-examinations for fitness for employment until at least the age of 21 years. The Committee noted previously that, under the terms of section 53 of Regulation No. 258-93 of 12 October 1993, the medical examination only applies to those under 16 years of age and has to be renewed annually or every three months where the work involves high risks for the health of the young person. The Committee recalled that, by virtue of Article 4(1) of the Convention, in occupations which involve high health risks for children or young persons, the medical examination and re-examination for fitness for employment shall be required until at least the age of 21 years. The Committee noted that the Government did not provide any information on this subject. It therefore once again requests it to take the necessary measures to amend the legislation so as to provide that, where the work performed by young persons involves high health risks, medical supervision shall be required until at least the age of 21 years.

Article 4(2). Specification of the occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years. The Committee noted that the Government did not provide any information on this point. It therefore once again requests it to provide information on the measures adopted or envisaged to specify the occupations or categories of occupations in which a medical examination for fitness for employment shall be required until at least the age of 21 years, or to empower an appropriate authority to specify such occupations.

Article 6(2). Determination of the measures for vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. Noting the absence of information in the Government’s report on this point, the Committee reminded the Government that, under the terms of Article 6(2), of the Convention, cooperation shall be established between the labour, health, educational and social services concerned, and effective liaison shall be maintained between the services. It once again requests the Government to provide information on this subject.

Article 6(3). Work permits or medical certificates. The Committee noted the model certificate of fitness for employment for minors provided by the Government. It requests the Government to indicate whether this model is also used for children and young persons whose fitness for employment is not clearly determined and who have to either: (a) work for a limited period at the expiration of which the young worker will be required to undergo re-examination; or (b) work under special conditions of employment.

Article 7. Keeping the medical certificate available to labour inspectors. In its previous comments, the Committee reminded the Government that, under the terms of this Article of the Convention, the employer is required to file and keep available to labour inspectors either the medical certificate for fitness for employment or the work permit or workbook. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the measures taken to give effect to this provision of the Convention.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee once again requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and information concerning the number and nature of the infringements reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.