Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 5 of the Convention.Expense of medical examination for fitness for employment. The Committee notes the Government’s indication in its report that as per sections 333(7) and 348(2) of the Labour Code of 2016, medical examinations shall be carried out at the expense of the employer. The Committee however notes that according to sections 105(4) of the Health Code of 2017 and 161 of the Government’s Decree of 30 April 2021, No. 174, on the Procedure for Conducting Mandatory Medical Examinations, preliminary mandatory medical examinations are carried out at the expense of citizens upon their admission to employment. The Committee requests the Government to indicate whether preliminary medical examinations to assess fitness for employment of children and young persons under 18 years of age involve any expense for them or their parents.

Article 6(1). Vocational guidance and physical and vocational rehabilitation for children and young persons found unsuited for certain types of work. The Committee notes the Government’s indication that the Ministry of Health and Social Protection provides children and young persons who, through a medical examination, have been identified as unfit for work, with physical and vocational rehabilitation. The Government also indicates that as a result of the medical examinations, 37,334 children, including 20,772 boys and 16,562 girls, from 15 to 17 years of age, were diagnosed with illnesses in 2022. The Committee requests the Government to provide more detailed information on the types of measures taken to provide for vocational guidance and physical and vocational rehabilitation to children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations.

Article 6(3). Temporary work permits andpermits or certificates requiring special conditions of employment. The Government indicates that in accordance with the Government’s Decree of 26 April 2022, No. 177, young persons may be issued a medical certificate indicating specific working conditions based on the results of the medical and social expert assessment of their working capacity.

Article 7(1). Availability to labour inspectors of the medical certificate. The Committee notes the Government’s indication that as per section 26(4) of the Labour Code of 2016, the document on the conduct of a preliminary medical examination shall be provided to the employer upon admission to employment. The Committee requests the Government to indicate whether employers are required to file and 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. The Committee requests the Government to indicate any legislative or regulatory provisions in this respect.

Practical application of the Convention. The Committee takes note of the Government’s information that in 2022, out of 509,521 children of 15 to 17 years of age, 320,040 children underwent a medical examination.