Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 78) sur l'examen médical des adolescents (travaux non industriels), 1946 - Comores (Ratification: 1978)

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee noted that the 1984 Labour Code did not appear to cover apprentices or children and young persons working on their own account, in itinerant trading or in any other occupation carried on in the streets or in a public place (for the latter, Article 7, paragraph 2, also refers to measures of identification, to be determined by national laws or regulations in order to ensure the application of the system of medical examination).

The Committee notes that under the terms of section 15 of Act No. 88-014 of 29 December 1988 (respecting apprenticeship contracts), laws, regulations and collective agreements for the occupational branch in question are applicable to apprentices under the same conditions as to employees.

With regard to children and young persons working 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 places to which the public have access, the Government states that it is rare to find children working on their own account in such activities, and that most children engaged in these activities work on account of their parents. The Government also states that it does not yet have the means to apply this Article of the Convention, but that it will not fail to do so in future.

The Committee draws the Government's attention to the provisions contained in Recommendation No. 79 and, in particular, Paragraph 14, on the methods of ensuring a regular medical examination for fitness for employment of children and young persons who are engaged, either on their own account or on account of their parents, in itinerant trading or any other occupation carried on in the streets or in places to which the public have access.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to give effect to Article 7, paragraph 2, of the Convention.

Article 6. The Committee refers to its comments relating to Convention No. 77, as follows:

Article 6. The Committee notes that under section 124 of the Labour Code, women and children who cannot be retained in jobs recognised as exceeding their strength must be reassigned to suitable employment. If this is not possible, the contract must be terminated and compensation paid in lieu of notice.

In its previous comments, the Committee noted the regulations issued under the Labour Code including the regulations to give effect to Article 6 (physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations). The Government indicates in its report that it has not been possible to complete the latter text. The Committee hopes that this text will be adopted shortly and that the Government will not fail to provide a copy of it as soon as it has been adopted.