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

Tajikistan

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1993)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1993)

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

Articles 1(1) and 7(2) of Convention No. 78. Scope of application and medical examination for fitness for children engaged either on their own account or on account of their parents. In its previous comments, the Committee requested the Government to indicate the national provisions determining the measures of identification for ensuring the application of the system of medical examination for fitness with regard to children engaged in employment on their own account or the account of their parents, in accordance with Article 7(2) of the Convention.

The Committee notes the Government’s information, in its report submitted under Convention No. 77, that the Ministry of Health and Social Protection (MoHSP) of Tajikistan examines children and young people where they live. The Government adds that children in general education, initial vocational education and specialized secondary institutions, and children in the fourth, seventh and ninth years of general education undergo a medical examination twice per year. The Committee requests the Government to indicate the legislative provisions which provide for the medical examination of young persons by the MoHSP and during vocational or general education, and to provide information on whether and how these medical examinations would apply to assess the fitness of children and young persons employed on their own account or that of their parents in itinerant trading or in any other occupation carried out in streets or in places to which the public have access.

Article 2(2) and (4) of Conventions Nos 77 and 78. Medical examination by a qualified physician, issue of a medical certificate and the authority competent to draw up a health certificate and conditions of issue. In its previous comments, the Committee noted he Government’s information that the medical examinations to determine the fitness for work of young persons were carried out in accordance with medical form No. 086 of Order No. 98 of 2006 of the Ministry of Health.

The Committee notes with interest the Government’s information that a new medical form No. 38 was approved, in accordance with Order No. 840 of 3 October 2014 of the Ministry of Health. The medical examination to determine whether a young person is fit for work is carried out by a qualified doctor, acting with the approval of the competent authorities, and is certified either by provision of a medical certificate, by providing a stamp on the work entry permit, or by signing the employment record book. The Committee takes due note that the Government provided copies of both Order No. 840 and medical form No. 38 to the Office.

Article 6(1) of Conventions Nos 77 and 78. Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for certain types of work. Following its previous comments, the Committee notes the Government’s information that the competent authority of Tajikistan is taking steps to ensure the vocational rehabilitation, treatment and vocational training of young people who, through a medical examination, have been identified as unfit for certain types of work or as having a physical disability or limitation. The Committee requests the Government to provide information on the measures taken to provide 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) of the Conventions. It requests the Government to provide information on the progress made in this regard.

Article 6(3) of Conventions Nos 77 and 78. Temporary work permits for a limited period. Following its previous comments, the Committee notes the Government’s information that national legislation does provide for these temporary work permits or permits requiring special conditions of employment in cases where a young person is identified as not fit for work. The Committee requests the Government to indicate which legal provisions in particular 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 Conventions.

Article 7(1) of Conventions Nos 77 and 78. Availability to labour inspectors of the medical certificate. Following its previous comments, the Committee notes the Government’s information that the State Supervisory Service for labour, migration and employment, is the State authority that carries out the functions of labour inspection, in accordance with the regulations approved by Government Decree No. 299 of 3 May 2014. However, the Committee notes with regret that Government does not indicate whether, in accordance with Article 7(1) of the Conventions, employers are required to file and keep available to labour inspectors either the medical certificate for employment or the work permit or workbook that show that there are no medical objections to the employment of the young person. The Committee once again 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 Article 7(1) of the Conventions.

Practical application of the Conventions. Noting that the Government still has not supplied any information on this point, the Committee urges 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 Conventions Nos 77 and 78.