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

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - New Caledonia

Article 2(1) of the Convention. Medical examination for fitness for employment. In its previous comments, the Committee noted that section 3(1) and (3), of Decision No. 266 of 17 April 1998, concerning a number of social measures, provided that children over 14 years of age who worked should undergo a medical examination with an occupational physician before being hired or, at the latest, before the end of the trial period following hiring. The Committee also noted that section 24(1) of Decision No. 50/CP of 10 May 1989 on occupational medicine provided that all employees should undergo a medical examination before being hired or, at the latest, before the end of the trial period following hiring. In its report, the Government indicated that all employees were required to undergo a medical examination before being hired. However, in order to maintain a certain flexibility, particularly because of constraints in respect of availability of the Occupational Inter-Enterprise Service (SMIT), established under the Social Protection Fund of New Caledonia (CAFAT), this examination may be carried out right up until the end of the trial period. In this regard, the Government indicated that, since the workers involved were young persons between 14 and 16 years of age who could only be employed during school holidays, the trial period could not exceed a period of one day per week, or, for a two-month contract, eight days. According to the Government, the shortness of this trial period, together with the labour inspectorate’s verification that the working conditions of the young employee complied with the constraints imposed by the regulations in respect of the type of work he might perform, gives full effect to the medical examination requirement. The Committee requested the Government to provide information on the application of Decision No. 266 and Decision No. 50 to determine whether the possibility of carrying out the medical examination for fitness for employment at the latest before the end of the trial period following hiring, occurs frequently in practice.

The Committee notes the Government’s indication that it does not have any information on the activity of the SMIT concerning the medical examination of young persons. Consequently, the Committee requests the Government to take the necessary measures to ensure that children and young persons under 18 years of age shall not be admitted to employment by an industrial undertaking unless they have been found fit for the work by a thorough medical examination before being hired, in accordance with Article 2(1) of the Convention, and not after they have been hired as apparently authorized by the national legislation. It requests the Government to send information on the measures taken in this respect in its next report.