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

Cuba

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1954)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1954)

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.

Article 3(2) of the Convention. Annual repetition of the medical examination. In its previous comments, the Committee noted that section 29(2) of Legislative Decree No. 246 of 29 May 2007 concerning infringements of labour, occupational safety and health and social security legislation, imposes penalties for allowing employees to perform work requiring a prior or periodic medical examination if no such examination has been conducted. The Committee nevertheless noted that the legislation does not appear to provide explicitly that the continued employment of a child or young person shall be subject to the repetition of the medical examination at intervals of not more than one year.

The Committee notes the Government’s indication in its report that Act No. 116 of 20 December 2013 issuing the Labour Code has been adopted. The Government indicates that, in accordance with implementing Regulations No. 284 of 17 June 2014, certain activities involving risk require an annual medical examination, and that young persons between the ages of 15 and 18 years are also protected by these Regulations. However, the Committee notes that these implementing Regulations only concern activities involving risk. It recalls that the repetition of the medical examination at intervals of not more than one year, as required by Article 3(2) of the Convention, applies to all types of work performed by young persons under 18 years of age, and not only to work involving risk. The Committee therefore once again requests the Government to provide information on the measures adopted or envisaged to require the repetition of the medical examination for children or young persons at intervals of not more than one year.

Application of the Convention in practice. The Committee notes the annual report for 2014 of the labour inspection services, provided by the Government in its report on the application of the Labour Inspection Convention, 1947 (No. 81). It also notes the Government’s indication that in March 2016 authorizations for work were granted to 50 young persons aged between 15 and 17 years and that they were all subject to prior and periodic medical examinations.