Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the Government’s report, and asks it to refer to its comments under Convention No. 77.

Articles 1, paragraph 1; and 7(2), of the Convention. Scope of application and medical examination for fitness for children engaged either on their own account or on account of their parents. The Committee notes the Government’s information that the provisions of sections 146 and 174 of the Labour Code which require the preliminary medical examination of young people before they are admitted to employment applies to workers employed in an industry, as well as in other sectors not related to industry. The Committee also notes the Government’s information that workers employed in the food industry, catering trade and other sectors providing direct services to the population should undergo a medical examination. It further notes the Government’s information that according to section 31 of the Law of the Republic of Tajikistan “On ensuring sanitary and epidemiological safety of population”, the private employers and the workers of undertakings and organizations irrespective of the form of ownership, conducting any economic or production activity should undergo medical examinations. However, the Committee notes the Government’s information in its report under Convention No. 77, that the medical examination should be conducted at the conclusion of the labour contract. The Committee reminds the Government that under Article 7, paragraph 2(a), of the Convention, measures of identification must be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young people engaged either 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. The Committee therefore requests the Government to indicate whether the national legislation determines the identification measures to be adopted to ensure that the system of medical examinations for fitness is applied to children and young people 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.