Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. In reference to its previous comments, the Committee notes the Government’s indication that Order No. 3773 of 25 November 1954 is still in force.

Article 2, paragraph 1, of the Convention. Minimum age. In its previous comments, the Committee noted that, under section 207 of the Labour Code, the initial medical examination is compulsory only for children under 18 years and not, as the Convention provides, for persons under 21 years of age. The Committee also noted that section 220 of the Labour Code provides that special orders will be issued for certain specific industries including mining whereas, under section 221, requirements regarding medical examinations must be established in decrees. The Committee asked the Government to take steps to make the initial medical examination compulsory for all workers under 21 years of age and to indicate whether any such rules had been adopted and, if so, to provide a copy of them. In its report, the Government indicates that it has taken note of the comments made by the Committee of Experts in respect of the steps to be taken to make the initial medical examination compulsory for all workers under 21 years of age. It also indicates that the special orders provided for under section 220 of the Labour Code have not yet been adopted. The Committee asks the Government to take the necessary steps to make the initial medical examination compulsory for all workers under 21 years of age, in accordance with Article 2, paragraph 1, of the Convention. It also asks the Government to communicate information on any progress made in this regard.

Article 3, paragraph 2. X-ray film of the lungs. For a number of years, the Committee has pointed out that the national legislation contains no provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and hoped that the Government would incorporate this requirement into its legislation. In its report, the Government indicates that it has taken good note of the Committee of Experts’ comments on the X-ray filming of the lungs on the occasion of the initial medical examination. The Committee asks the Government to take its comments into account when adopting the special orders provided for under section 220 of the Labour Code so as to incorporate a provision requiring an X-ray film of the lungs on the occasion of the initial medical examination and, when regarded medically necessary, on the occasion of subsequent re-examinations. It asks the Government to communicate information on any progress made in this regard.

Article 4, paragraphs 4 and 5. Records of persons who are employed or work underground. In its previous comments, the Committee asked the Government to provide a copy of the Order of the Minister of Labour establishing the model for employers’ records and to state whether any law or regulation requires the information in these records to be made available to workers’ representatives, at their request, in accordance with Article 4, paragraph 5, of the Convention. The Committee notes the information communicated by the Government indicating that General Order No. 3018 of 29 September 1953 establishes the model for employers’ records and that, at present, no law or regulation requires the information in these records to be made available to workers’ representatives. The Committee asks the Government to communicate a copy of General Order No. 3018 of 29 September 1953 which establishes the model for employers’ records. It also asks the Government to take the necessary steps to bring its legislation into line with Article 4, paragraph 5, of the Convention and to ensure that the employer shall make available to the workers’ representatives, at their request, the records of persons under 21 years of age who are employed or work underground and that these records shall contain their date of birth, an indication of the nature of their occupation and a certificate which attests their fitness for employment, but which does not contain medical data.

Article 5. General policy of implementation of the Convention. In its previous comments, the Committee noted that section 251 of the Labour Code provides for the establishment of an advisory committee on safety and health at work, the composition and operation of which are determined by Order No. 000808/MTRHFP/SG/IGHMT of the Minister of Labour. In this regard, the Committee notes the Government’s indication that the technical advisory committee on safety and health at work has not yet been set up due to problems concerning trade union representation. The Committee hopes that the technical advisory committee will be established in the near future. It asks the Government to communicate information on any progress made in this regard.

In reference to its previous direct requests, the Committee asks the Government, once again, to communicate a copy of the collective labour agreement for mining and allied enterprises which is currently in force.