Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the information supplied by the Government.

1. The Committee notes with interest the adoption of Ministerial Order No. 65/1 of 17 February 1995, section 3 of which provides that every employer should make the continued employment of a young person under 18 years of age subject to the repetition of medical examinations at intervals of not more than one year, which is in conformity with Article 3, paragraph 2, of the Convention.

2. Articles 1 and 2, paragraph 1. Further to its previous comments, the Committee notes that according to the Government's last report the question of application of the Convention to certain categories of children and young persons who are not covered by the Labour Code (section 7 of the Code) will be reconsidered in the process of updating the Code. The Committee draws the Government's attention to the fact that the Convention applies to children and young people employed for wages, or working directly or indirectly for gain, in non-industrial occupations which are considered, for the purposes of the Convention, to be as all occupations other than those recognized by the competent authority as industrial, agricultural and maritime occupations. It hopes that the updated Labour Code will give full effect to the above-mentioned provisions of the Convention in regard to children and young people employed in non-industrial occupations, including those employed in domestic work in private homes.

3. The Committee notes that workers and wage-earners employed on a temporary or daily basis in government and municipal services are required to submit a medical certification of fitness for employment issued by specific authorities of the competent department. It also notes that, under section 7 of the Labour Code, these persons must be covered by a special law. It requests the Government to indicate the legislative provisions or regulations governing employment of this category of public officials under 18 years of age and to supply relevant copies.

4. Article 7. In the comments it has been making for a number of years, the Committee has drawn the Government's attention to the need to determine measures of identification to supervise the application of the system of medical examination for fitness for employment to children and young persons either engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Government stated earlier that it would examine that question in the context of the preparation of decrees for the implementation of the Convention. The Committee notes that the Government has provided no information on this point. It hopes that the Government will be able shortly to adopt measures on this matter and requests it to indicate the progress made in this respect.