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

Algeria

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1962)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1962)

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 Conventions Nos 77 and 78 in a single comment.

The Committee notes that a new Labour Code is being adopted and hopes that the new Code will take account of the matters addressed in the context of the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77), and the Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78).

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. The Committee previously noted that section 93 of Act No. 85-05 of 16 February 1985 concerning health protection and promotion provided for regulations to be adopted on appropriate measures for the rehabilitation and integration in society of persons with disabilities, and asked the Government to provide a copy of the regulations adopted to apply this provision. The Committee also noted that sections 13 and 14 of Executive Decree No. 93-120 of 15 May 1993 concerning the organization of occupational medicine envisage appropriate measures allowing for the adaptation of workstations or the transfer of posts based on the findings of medical examinations. The Committee noted more particularly that, according to section 13, one of the purposes of clinical and para-clinical examinations is to suggest possible adaptations of the workstation or to identify posts to which, from a medical perspective, the worker may not be assigned and those which would suit him/her better; and that, under section 14, any transfer is subject to a further medical examination to ensure that the worker is fit for the post envisaged. The Committee reiterates that, under Article 6(1) of the Convention, the competent authority must take appropriate measures not only for the vocational guidance of children and young persons found by medical examination to be unsuited to certain types of work, but also for their physical and vocational rehabilitation. Accordingly, Article 6(2) provides that cooperation shall be established between the labour, health, educational and social services and effective liaison maintained between them. The Committee referred in this connection to Paragraphs 9 and 10 of the Medical Examination of Young Persons Recommendation, 1946 (No. 79), which contain further indications on measures to be taken by the national authority to give effect to the provisions of this Article of the Convention. The Committee notes with regret that there is once again no information on this matter in the Government’s report. The Committee again requests the Government to indicate whether measures have been taken or are envisaged for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. It also requests the Government to supply information on the measures taken or envisaged to establish cooperation between the labour, health, education and social services and to maintain effective liaison between them.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that children 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 public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine. The Government also stated that the Act concerning health protection and promotion allows these children access to free treatment through the national health sectors. While noting the information sent by the Government, the Committee recalled that, according to Article 7(2)(a) of the Convention, measures of identification shall be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either 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 public places (for example, a requirement for the person concerned to be in possession of a document recording the medical examination).

The Committee noted the Government’s statement that the matter of applying the prior medical examination to children and young persons engaged on their own account or on that of their parents in itinerant trading or any other occupation carried on in the streets or in public places would be dealt with in the context of the draft Labour Code. Noting the lack of information on this matter, the Committee requests the Government to indicate the progress made regarding the adoption of the new Labour Code. The Committee also requests the Government to indicate to what extent the new Labour Code will ensure the application of the system of medical examination of fitness for employment to children and young persons engaged either on their own account or that of their parents in itinerant trading or in any other occupation carried on in the streets or in public places, in accordance with Article 7(2)(a) of the Convention.