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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(3) of the Convention. Medical certificate issued subject to specified conditions of employment or for a specified job. In its previous comments, the Committee noted that the type of medical examinations that young workers may undergo depends upon the type of hazards they encounter. In this respect, Decision of the Ministry of Health No. 46 of 2012 on Improving Compulsory Medical Examinations contains a list of jobs which require specific preliminary or periodic medical examinations. The Committee requested the Government to indicate if the medical certificate of fitness for employment can prescribe specific conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority.

The Committee notes the Government’s indication in its report that the Rules for Compulsory Medical Examinations approved by the Decision of the Ministry of Health No. 24/2 of 2014 establish the procedure for specific preliminary and periodic medical examinations for the jobs indicated in Decision No. 46 of 2012 (for example, underground work, work in the food industry or transportation). The Committee observes that, according to the Rules for Compulsory Medical Examinations, the medical certificate of fitness for employment is issued based on the results of a particular preliminary medical examination for the jobs specified in Decision No. 46 of 2012.

Article 6(2). Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. The Committee previously requested the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work. In this regard, the Committee observes that, pursuant to section 11 of the Act No. 1153-VQ of May 31, 2018 on the Rights of Persons with Disabilities, an individual rehabilitation program is elaborated for children with disabilities, which aims at their medical, psychological, pedagogical, and vocational rehabilitation. The Committee also observes that the State Agency for Medical and Social Expertise and Rehabilitation coordinates the activities of the relevant state and local self-government bodies and legal entities for the purpose of rehabilitation of persons with disabilities (section 3.1.24 of the Charter of the State Agency for Medical and Social Expertise and Rehabilitation of 2020).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 2(3) of Convention Nos 77 and 78. Medical certificate issued subject to specified conditions of employment or for a specified job. Following its previous comments, the Committee notes the Government’s information that the type of medical examinations that young workers may undergo depends upon the type of hazards they encounter. In this regard, Decision No. 46 of 2012 on Improving Compulsory Medical Examinations, contains a list of jobs which require specific preliminary or annual medical examinations. The Government also indicates that according to Order No. 36 of 2010 on Practical Guidelines for Organizing Adolescent Health Care, a young worker’s health is assessed by a doctor from a health clinic and on the basis of its results, the young worker may be referred to a specialist, such as doctors, surgeons, neurologists, ophthalmologists, otolaryngologists, dentists, obstetricians or gynaecologists (if the young worker is a girl). The Committee also notes the Government’s information that the medical examination results are entered into the Electronic Medical Record System and a medical certificate shall be issued to the young worker. The Committee requests the Government to indicate if the medical certificate of fitness for employment can prescribe specific conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority. The Committee also requests the Government to supply a copy of Decision No. 46 of 2012 on Improving Compulsory Medical Examinations.

Article 6(2) of Conventions Nos 77 and 78. Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. Noting the absence of information in the Government’s report with regard to cooperation between the various services for the purposes of paragraph 2 of this Article, the Committee once again requests the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work.

Article 7(2) of Convention No. 78. Supervision of the enforcement of the system of medical examination for fitness for employment of children engaged either on their own account or on account of their parents. The Committee had previously requested the Government to indicate the measures taken to ensure that the system of medical examination for fitness for employment applies to children and young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried on in streets or in other places to which the public have access.

The Committee notes that according to section 256(1) of the Labour Code, 1999 as amended, the employment regulations of this law apply to all sectors, including agriculture and family farms (section 258). Section 256(3) further states that in agriculturally oriented enterprises the work of persons under the age of 18 years may be as stipulated under the Labour Code. The Committee requests the Government to indicate the measures adopted or envisaged, to ensure that the system of medical examination for fitness for employment is applied to children and young persons engaged 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 measures taken in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(2) of the Convention. Medical examination by a qualified physician and issuance of a medical certificate. The Committee had previously noted that Resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system” introduced the system of medical certification cards equipped with a microchip containing data from a worker’s medical examinations of all types, including those of workers under 18 years of age. The Committee notes the Government’s information that provisions regarding the medical examination of persons under 18 years of age before their entry into employment by doctors from medical institutions is stipulated under Order No. 158 of 2005 “On improving preventative check-ups”. The Committee requests the Government to supply a copy of Order No. 158 of 2005 “On improving preventative check-ups” along with its next report.

Article 2(3). Medical certificate issued subject to specified conditions of employment or for a specified job. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether the document certifying fitness for employment can prescribe specified conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority. It also requests the Government to supply a copy of the legislation establishing the above provisions.

Article 4. Medical examination and re-examination for fitness for employment in occupations involving high health risks until the age of 21 years. The Committee had previously noted the Government’s indication that matters relating to the prior and periodic medical examination of workers over 18 years of age are regulated by Decision No. 1 of 3 January 2000, “On the establishment of a list of workplaces and occupations with difficult, harmful and dangerous conditions of work that may have a negative effect on the health of workers” and by Order No. 13 of 23 January 1998 “On the conduct of preventative medical examinations”. The Committee notes that as per Decision No. 1 of 3 January 2000, all workers employed in harmful and dangerous work shall submit a medical certificate indicating their fitness to work. It also notes the Government’s information that the procedure for conducting the medical examinations and their frequency has been determined by Order No. 13 of 23 January 1998 which indicates that the employees working in harmful occupations shall undergo periodic medical examinations once or twice a year.

Article 6. Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. The Committee had previously noted that section 15 of Law No. 284 of 1992 on the social protection of disabled persons, provides disabled children with pre-school and out-school education, as well as disabled persons with secondary, vocational training, specialized secondary and higher education according to the individual rehabilitation programme. It had also noted that the education system includes special schools for children and young people who suffer from incurable physical disability (those who are deaf mute, blind or mobility impaired) that prevents them from working in industrial enterprises without some kind of special preparation, where these individuals can acquire a vocation. Noting the absence of information in the Government’s report with regard to cooperation between the various services for the purposes of paragraph 2 of this Article, the Committee once again requests the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work.

Article 7. Keeping of medical certificate and other methods of supervision. The Committee had previously noted the Government’s information that the monitoring bodies are able to obtain the doctor’s certificates regarding the health of any particular worker under 18 directly from the enterprise concerned. The Committee notes that according to Resolution No. 142 of 2006 as well as Order No. 82 of 2007 “On Rules for using the system of the Electronic Health Cards and the Medical Examination Card”, the information regarding the medical examination of workers, including workers under the age of 18 years, are stored on Electronic Health Cards which is kept at the information centre of the Ministry of Health.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report. It requests the Government to provide further information on the following points.

Article 2, paragraph 2, of the Convention. The Committee had previously noted the Government’s indication that Ordinance No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” gives effect to these provisions of the Convention. The Committee notes the Government’s information that all medical examination results are entered on the worker’s “medical card” and on to the “supplementary sheet” for that examination. The Committee also notes the Government’s statement that resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system” introduced the system of medical certification cards equipped with a microchip containing data from a worker’s medical examinations of all types, including those of workers under 18 years of age. The Committee requests the Government to supply with its next report, a copy of Ordinance No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” and its amendment of 2005, and resolution No. 142 of 12 June 2006, “On establishment of a procedure for the implementation of the medical certification cards system”.

Article 2, paragraph 3. The Committee had previously requested 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. The Committee notes the Government’s information that, prior to the medical examination, the director of an enterprise submits a certificate to the concerned medical institution, including details such as the name, date of birth, profession of the persons applying for the job and informing of any dangerous factors in the workplace such as noise, vibration, electromagnetic radiation, dust, carcinogenic substances, etc. to the concerned medical institution with which an agreement has been concluded to conduct the examination. Noting the Government’s information regarding the details to be furnished to the medical institution prior to a medical examination, the Committee requests the Government to indicate whether the document certifying fitness for employment can prescribe specified conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority.

Article 2, paragraph 4. The Committee notes the Government’s information that, in accordance with Ordinance No. 13 of 1990, the medical examination of persons under 18 years of age on entering jobs is carried out by doctors at the medical institutions having a licence to carry out such activity and which is serving the concerned enterprise.

Article 3, paragraph 3. Following its previous comments, the Committee notes the Government’s information that additional or extraordinary medical examinations may be carried out at the workers’ request or on the doctors’ orders. The Committee further notes the Government’s information that, in cases where a periodic medical examination shows signs of an occupational disease, the worker shall be sent to the Occupational Pathology Department of the Ministry of Health Care, National Scientific and Research Institute for Preventive Medicine under an established procedure, for specialist treatment and for more precise diagnosis and to ascertain to what extent the disease results from her/his work. The Committee also notes the Government’s information that Order No. 13 of 23 January 1990, “On the conduct of preventive medical examinations” requires regular medical examinations at intervals of between three months and two years, depending on the nature of the work performed. The Committee takes due note of this information.

Article 4. Following its previous comments, the Committee notes the Government’s information that matters relating to the prior and periodic medical examination of workers above 18 years of age are regulated by resolution No. 1 of 3 January 2000, “On the establishment of a list of workplaces and occupations with difficult, harmful and dangerous conditions of work that may have a negative effect on the health of workers, and on the protection of those working in the food industry, catering, health care, commerce and other similar workplaces where workers must undergo a medical examination on concluding an employment contract”, and by Order No. 13 of 23 January 1990, “On the conduct of preventive medical examinations”. The Committee requests the Government to supply a copy of resolution No. 1 of 3 January 2000.

Article 6. The Committee notes sections 231 and 232 of the Labour Code providing for the employer’s obligation to transfer workers to lighter work under medical orders in order to protect their health. The Committee notes section 15 of Law No. 284 of 1992 on the social protection of disabled persons, which provides disabled children with pre-school and out-school education, as well as disabled persons with secondary, vocational training, specialized secondary and higher education according to the individual rehabilitation programme. The Committee also notes the Government’s information that the Ministry of Education system includes special schools for children and young people who suffer from incurable physical disability (those who are deaf mute, blind or mobility impaired) that prevents them from working in industrial enterprises without some kind of special preparation, where these individuals can acquire a vocation. The Committee takes due note of this information. The Committee requests the Government to provide 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. The Committee notes the Government’s information that the monitoring bodies are able to obtain the doctor’s certificates regarding the health of any particular worker under 18 directly from the enterprise concerned. The Committee notes the absence of information in the Government’s report with regard to the legislation giving effect to the provisions of this Article. The Committee once again 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 “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 contraventions reported.

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

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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information supplied by the Government. It requests the Government to provide additional information on the following points.

Article 4, paragraph 2, of the Convention. The Committee notes that the schedule of types of work and occupations in which periodical medical examinations are required, as well as their regularity and the procedures for carrying them out, are determined by the Ministry of Public Health in agreement with the Confederation of Trade Unions. The Committee requests the Government to indicate the provisions empowering the Ministry of Public Health to determine these types of work and occupations.

Article 6. The Committee notes the information provided by the Government in its report concerning the special schools for young persons with incurable infirmities with a view to providing them with the possibility of acquiring a trade. The Committee requests the Government to indicate the measures taken, in accordance with paragraph 1 of this Article, by the competent authority for the vocational guidance and physical and vocational rehabilitation of 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. It requests the Government to provide detailed information concerning the cooperation between the various services for the purposes of paragraph 2 of this Article, and also concerning application of the provisions of paragraph 3.