Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Comoros

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1978)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1978)

In order to provide an overview of all the issues relating to the application of the ratified Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

The Committee notes the comments made by the Workers Confederation of Comoros (CTC), received on 16 August 2016 and 25 July 2017.

Article 6 of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to certain types of work. In its previous comments, the Committee noted that the new Labour Code of Comoros was adopted in 2012 by virtue of Act No. 12–167. Pursuant to section 130 of the Code, labour inspectors may require the examination of children by a registered physician with a view to ensuring that the work they have been assigned does not exceed their strength. Children cannot continue to be assigned to such work and must be assigned to a job that is suited to them and, if this is not possible, the contract must be terminated with payment of compensation in lieu of notice. The Government also indicated that an Order on the types of work and categories of enterprises prohibited for young persons was adopted and published in 2014. The Government further indicated that, under section 17 of the Order, children hired for work that they are prohibited to perform have to be reassigned to work that is suited to them. The Committee nevertheless reminded the Government that Article 6 requires appropriate measures to be taken by the competent authority for the 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 disabilities or limitations. The Committee emphasized that this situation also occurs in jobs that are not generally prohibited for young persons, but in which they are found to be unsuited to work that would otherwise be allowed.

The Committee notes with regret that the Government has not provided any new information on this subject. The Committee requests the Government to take specific measures for the 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 disabilities or limitations, in accordance with Article 6(1). It requests the Government to provide information on the progress achieved in this regard.

Article 7(2) of Convention No. 78. Scope of application and supervision of the application of the system of medical examination for fitness for employment to young persons engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that the Labour Code of 1984 did not seem to cover apprentices or children and young persons working on their own account, in itinerant trading or in any other occupation carried out in the streets or in a public place (for the latter, Article 7(2) also provides for measures of identification, to be determined by national laws or regulations, in order to ensure the application of the system of medical examination). The Committee also noted the observation of the CTC that non-industrial occupations are outside the scope of the labour inspectorate’s supervision. The Committee further noted the Government’s indication that, in the context of the revision of the national labour legislation, all the necessary measures would be examined in order to bring the legislation into conformity with the provisions of the Convention. The Committee expressed the firm hope that the Bill revising the Labour Code would be adopted in the very near future and that its provisions would give effect to Article 7 of the Convention.

The Committee notes with interest that, by virtue of section 129(2) of the new Labour Code of 2012, children under the age of 15 years are prohibited from working on their own account. The Committee also notes that, under section 130 of the Labour Code, labour inspectors may require the examination of children by a registered physician with a view to ensuring that the work they have been assigned does not exceed their strength. Such an examination is mandatory when requested by the parties concerned.

However, the Committee notes the observations of the CTC that, although the legislative texts provide for the medical examination of young persons, there is no supervision by the labour inspectorate in practice. Furthermore, the CTC expresses its regret that the problem of medical examinations of young persons is far from being resolved, given the lack of a functional service in the Ministry and the fact that this issue is not a priority for the administration. The Committee recalls that, under the terms of Article 7(2)(a), national laws or regulations shall determine the measures of identification to be adopted to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. Under Article 7(b), national laws or regulations shall also determine the other methods of supervision to be adopted to ensure the strict enforcement of the Convention. The Committee therefore requests the Government to take the necessary measures to establish supervision of the application of the system of medical examination for fitness for employment to young persons engaged either on their own account or on account of their parents, in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. It requests the Government to provide information on any progress achieved in this regard.