Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Azerbaijan (Ratification: 1992)

The Committee notes the information provided by the Government in its report. It notes in particular that since the last report a new Labour Code has come into force (1999). The Committee further notes that the Government refers to various texts adopted recently, such as the Decrees of the Cabinet of Ministers No. 1, of 3 January 2000, and No. 58, of 24 March 2000, and Ordinance No. 13 of the Ministry of Health, of 23 January 1998. However, none of these texts was attached to the Government’s report. The Committee therefore requests the Government to provide a copy of the above texts so that it can examine their compatibility with the provisions of the Convention. The Committee also requests the Government to provide information on the following points.

Article 2, paragraph 2, of the Convention. The Committee understands that Ordinance No. 13, of 23 January 1998, issued by the Ministry of Health of the Republic of Azerbaijan, gives effect to these provisions of the Convention. It notes the information that, during the medical examination, a "medical card" and its "supplementary sheet" are filled in, and contain the information drawn from the preliminary medical examination and the periodical annual examinations. The Committee requests the Government to indicate whether the establishment of this "medical card" and its "supplementary sheet" is envisaged by the above Ordinance and, if not, to indicate the law or regulation which gives effect to these provisions.

Article 2, paragraph 3. The Committee requests the Government to indicate whether the above "medical card" can prescribe specified conditions of employment, or be issued for a specified job or for a group of jobs or occupations involving similar health risks which have been classified as a group by the authority responsible for the enforcement of the laws and regulations concerning medical examinations for fitness for employment, in accordance with this provision of the Convention.

Article 2, paragraph 4. The Committee requests the Government to indicate the laws or regulations which specify the authority competent to issue the above "medical card" and to indicate the conditions to be observed in drawing up and issuing the document, in accordance with this provision of the Convention, in the event that they are not determined by Ordinance No. 13, of 23 January 1998.

Article 3, paragraph 3. The Committee requests the Government to indicate whether national laws or regulations either make provision for the special circumstances in which a medical re-examination shall be required in addition to the annual examination, or at more frequent intervals, or empower the competent authority to require medical re-examinations in exceptional cases, in accordance with this provision of the Convention.

Article 4. The Committee notes that Decrees Nos. 1, of 3 January 2000, and 58, of 24 March 2000, of the Cabinet of Ministers of the Republic of Azerbaijan, regulate matters related to medical examinations. It requests the Government to indicate, in the event that these Decrees do not cover this matter, the laws or regulations which provide that, in occupations which involve high health risks, medical examinations and re-examinations for fitness for employment shall be required until at least the age of 21 years, as well as the occupations or categories of occupations concerned and the authority empowered to specify them.

Article 6. The Committee requests the Government to indicate the measures which have been taken, in accordance with paragraph 1 of this Article, 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 handicaps or limitations, as well as the nature and scope of these measures, and to provide, where appropriate, copies of the texts issued under Act No. 284, of 25 August 1992, respecting the social protection of persons with disabilities. The Committee also requests the Government to provide detailed information on the cooperation between the various services for the purposes of paragraph 2 of this Article, as well as any information on the application of paragraph 3.

Article 7 (and Part III of the report form). The Committee notes the information that the medical examination of young persons is carried out before their recruitment, in accordance with the directives of the administration of each enterprise. It notes that the diagnosis of the physician is communicated directly to the enterprise and that as a consequence the supervisory authorities are able to take cognizance, in the enterprise, of the state of health of a young person in particular. The Committee requests the Government to indicate whether, and under which laws or regulations, the employer is required to file and keep available to labour inspectors either the above "medical card" or the work permit or workbook showing that there are no medical objections to employment, in accordance with paragraph 1 of this Article.

Part V of the report form. The Committee requests the Government to provide general information on the application of the Convention in practice, and to attach extracts from reports on the number of young persons who are engaged in work and who are subject to medical examinations, as well as extracts from the reports of the inspection services and available statistics, for example, concerning the number and nature of the contraventions reported.