Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Tajikistan (Ratification: 1993)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(2) of the Convention. Medical examination by a qualified physician and issue of a medical certificate. The Committee noted the Government’s information that the preliminary and periodical medical examinations of persons under 21 years of age shall be conducted by qualified physicians, medical and sanitary units and the polyclinics within the industrial undertakings, and in their absence by physicians of the territorial establishments at the location of the undertaking, who shall issue a medical certificate. It also noted the Government’s information that the data related to the results of the medical examinations should be recorded in the personal medical books and registered within the medical establishment. The Committee requests the Government to indicate the legal provision which provides that the preliminary and periodic medical examination shall be conducted by qualified physicians, medical and sanitary units and polyclinics within the undertakings. It also requests the Government to indicate the legal provision which requires the physician to issue a medical certificate, and record the results of medical examinations in the medical books.

Article 2(3). List of jobs involving health risks. The Committee noted that the Government’s report contains no information on this point. The Committee requests the Government to indicate whether the document certifying fitness for employment prescribes particular conditions for employment and is issued for a specified job or for a group of jobs or occupation involving similar health risks classified by the authority responsible for the enforcement of the laws and regulations concerning medical examinations.

Article 2(4). Authority competent to draw up a health certificate and conditions of issue. The Committee noted the Government’s information that the Ministry of Health is the competent authority to issue the document certifying fitness for employment. It also noted that, according to section 146(5) of the Labour Code, the procedure for, and the frequency of, medical examinations, the methods of their registration and the issue of personal medical cards to workers are determined by the Ministry of Health. The Committee requests the Government to indicate whether any regulation pursuant to section 146(5) defining the procedure and conditions of issuing a certificate of fitness has been adopted and, if so, to supply a copy of the same.

Article 6(1) and (2). Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for work and issuing temporary work permits. The Committee noted the information provided by the Government regarding the pre-school, secondary, and higher educational facilities, and rehabilitation programmes as well as social and welfare services for orphans, disabled young persons and disabled people. The Committee observed that these measures appear to provide for the rehabilitation of disabled young persons into secondary and higher education. The Committee requests the Government to indicate specifically the measures taken by the competent authority for the 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 in accordance with Article 6(1).

Article 6(3). Temporary work permits for a limited period. The Committee noted the absence of information in the Government’s report on this point. The Committee requests the Government to indicate whether national laws provide for the issue to children and young persons, whose fitness for employment is not clearly determined, of temporary work permits or medical certificates valid for a limited period at the expiry of which the young worker will be required to undergo re-examination, and of permits or certificates requiring special conditions of employment in accordance with Article 6(3), of the Convention.

Article 7(1). Availability to labour inspectors of the medical certificate. The Committee noted the absence of information in the Government’s report on this point. The Committee requests the Government to indicate the legislative or regulatory provisions which require the employer to keep available to labour inspectors either the medical certificate of fitness for employment or the work permit or workbook showing that there are no medical objections to the employment in accordance with paragraph 1 of this Article.

Part V of the report form. Practical application of the Convention. Noting that the Government has not supplied any information on this point, the Committee requests the Government to provide information, including extracts from the reports of the inspection services and statistical data concerning the number of children and young people who work and have undergone medical examinations provided for in the Convention.