Decree No 23 / 1981 Coll.
Decree of the Minister for Foreign Affairs on the Convention on a medical examination of the eligibility of children and adolescents for industrial employment (No 77)
Valid
Effective from 23.04.1981
23
DECLARATION
Minister for Foreign Affairs
of 20 January 1981
concerning the Convention on a medical examination of the eligibility of children and adolescents for industrial employment (No 77)
On 9 October 1946, at the 29th session of the General Conference of the International Labour Organisation, the Convention on a medical examination of the eligibility of children and adolescents for industrial employment was adopted (No 77). Ratification of the Convention by the Czechoslovak Socialist Republic was registered on 23 April 1980 by the Director-General of the International Labour Office. Pursuant to Article 13 of the Convention, the Convention will enter into force for the Czechoslovak Socialist Republic on 23 April 1981.
The Czech translation of the text of the Convention is announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on a medical examination of the eligibility of children and adolescents to work in industry (No 77)
General Conference of the International Labour Organisation,
which was convened by the Board of Directors of the International Labour Office to Montreal and met there on 19 September 1946 at its 29th session,
Decide to adopt certain proposals concerning a medical examination of the eligibility of children and adolescents for industrial employment, which are the third item on the agenda of the sitting,
state that these proposals will take the form of an international convention,
adopts the following Convention on 9 October 1946, which will be referred to as the Convention on the Medical Examination of Juvenile (Industry), 1946:
General provisions
1. This Convention shall apply to children and adolescents who are employed or employed in, or engaged in, public or private industrial enterprises.
2. For the purposes of this Convention, the term "industrial undertaking 'includes in particular:
(a) mines, quarries and other mining undertakings from the country;
(b) undertakings in which the products are manufactured, modified, cleaned, repaired, decorated, finished, prepared for sale, crushed or destroyed, or in which the substances are further processed, including shipbuilding undertakings, for the production, conversion and transfer of electricity or the propulsion power of any kind;
(c) construction and civil engineering enterprises, including works related to construction, repair, maintenance, reconstruction and demolition;
(d) undertakings for the carriage of persons or goods by road, rail or inland waterway or by air, including the handling of goods in docks, cargo, ports, warehouses or airports.
3. The competent authority shall establish a line between industry and agriculture, trade and other non-industrial works.
1. Children and adolescents under the age of 18 may not be admitted to work in an industrial enterprise unless they have been recognised, after a thorough medical examination, as eligible for the work to be employed.
2. A medical examination of eligibility for employment shall be carried out by a qualified doctor approved by the competent authority and shall be certified either by a medical certificate or by a certificate in a work permit or in a work book.
3. A document certifying eligibility for employment may:
(a) lay down certain conditions of employment;
(b) be issued for a particular job or for a group of work or employment which similarly threaten health as a group, as defined by the body responsible for implementing the legislation on medical fitness tests.
4. National legislation shall designate the authority competent to issue a document certifying eligibility for employment and shall lay down the conditions for issuing and issuing such document.
1. A child or minor shall be under medical supervision up to 18 years of age as regards the eligibility to work he carries out.
2. The employment of a child or young person under 18 may be continued only if the medical examination is repeated at least once a year.
3. National legislation shall comprise:
(a) either establish the specific conditions under which additional medical examinations should be required, other than annual or more frequent examinations, in order to ensure effective supervision, taking into account the risk to health in employment and the health status of the child or minor as established in previous examinations;
(b) or authorise the competent authority to require, in exceptional cases, a repeat medical examination.
1. For highly health-threatening employment, a medical examination of eligibility for employment and its periodic repetition should be required at least until the 21st of the first year.
2. National legislation is to designate or empower the appropriate authority to identify the employment or groups of employment for which a medical examination of eligibility for employment is to be required and to repeat it periodically until at least the 21st of the first year.
The medical examination required under the previous Articles shall not be linked to any expenditure on the child or minor or on his or her parents.
1. The competent authority shall take appropriate measures to advise on the choice of profession, medical and occupational rehabilitation and retraining of children and adolescents who have been recognised as unfit for certain types of work following a medical examination or who are physically affected or weakened.
2. The competent authority shall determine the nature and extent of such measures; to that end, cooperation between labour, health and education authorities and social care authorities should be established and effective synergies between those authorities should be maintained in order to implement such measures.
3. National legislation may provide that children and adolescents for whom eligibility for employment has not been clearly established shall be issued:
(a) temporary employment permits or medical certificates valid for a limited period after which the young worker must undergo a new examination;
(b) an authorisation or certificate which lays down specific conditions for the pursuit of the profession.
1. The employer should be required to keep and have at his disposal for labour inspectors either a medical certificate of eligibility for employment or a work permit or a working book showing that there is no medical objection to employment according to the provisions of national law.
2. National legislation shall specify other means of supervision which may ensure the precise implementation of this Convention.
Specific provisions for certain countries
1. Where the territory of a Member State comprises large areas where, for the purposes of sparsely populated or due to the degree of development achieved, the competent authority considers the provisions of this Convention to be impracticable, it may exclude such areas from the implementation of this Convention either wholly or make such exceptions as it considers appropriate in respect of certain undertakings or employment.
2. Each Member State shall indicate in its first annual report on the implementation of this Convention, which it shall submit pursuant to Article 22 of the Constitution of the International Labour Organisation, all areas for which it intends to apply the provisions of this Article, and no Member State shall, upon presentation of its first annual report, apply the provisions of this Article to areas other than those it has so indicated.
3. Each Member State which has applied the provisions of this Article shall indicate in its further annual reports the areas for which it renounces the right to apply the provisions of this Article.
1. Any Member State which, prior to the adoption of legislation enabling the ratification of this Convention, did not have legislation on the medical examination of the eligibility of children and adolescents for industrial employment may replace the 18-year age limit laid down in Articles 2 and 3, but not less than 16 years, and the 21-year age limit laid down in Article 4, by a declaration attached to ratification, with a lower age limit than 19 years.
2. Any Member State which has made such a declaration may at any time withdraw it by a later declaration.
3. Each Member State for which the declaration made pursuant to paragraph 1 of this Article is in force shall notify each year in its annual reports on the implementation of this Convention any progress towards the full implementation of the provisions of this Convention.
1. This Convention shall apply to India, subject to the derogations provided for in this Article:
(a) those provisions shall apply to all territories where the "Indian Legislation" is authorised to implement them;
(b) the term "industrial undertaking" includes:
(i) factories under the Indian Factory Act,
(ii) mines under the Indian Mining Act,
(iii) rail,
(iv) all employment covered by the 1938 Law on the Employment of Children;
(c) Articles 2 and 3 shall apply to children and adolescents under 16 years of age;
(d) in Article 4, the words "21 years" shall be replaced by the words "19 years";
(e) paragraphs 1 and 2 of Article 6 shall not apply to India.
2. The provisions of paragraph 1 of this Article may be amended as follows:
(a) the International Labour Conference may, at any meeting at which the matter is on the agenda, adopt, by a two-thirds majority, amendments to paragraph 1 of this Article;
(b) any such amendment is to be submitted within a year or in exceptional circumstances within 18 months of the end of the conference in India to the institution or bodies within whose jurisdiction the matter falls to be enacted or measures of another kind taken;
(c) where India has obtained the approval of the competent authority or authorities, it shall notify the formal ratification of the new amended version to the Director-General of the International Labour Office for registration;
(d) any such amendment ratified by India shall enter into force as a new amended version of this Convention.
Final provisions
Nothing in this Convention shall affect any law, decision, practice or agreement between employers and workers which provides more favourable conditions than those laid down in this Convention.
The formal ratification of this Convention shall be notified to and registered by the Director-General of the International Labour Office.
1. This Convention only obliges the Member States of the International Labour Organisation whose ratification has been registered by the Director-General.
2. It shall take effect 12 months after the Director-General has registered the ratification of two Member States.
3. For each other Member State, this Convention shall take effect 12 months from the date on which its ratification was registered.
1. Any Member State which has ratified this Convention may denounce it after a period of 10 years from the date on which the Convention first came into force, by written communication to the Director-General of the International Labour Office, who shall record it. The denunciation shall take effect one year after the date on which it was registered.
2. Any Member State which has ratified this Convention and which does not exercise the right to denounce it under this Article during the year following the expiry of a period of 10 years, as referred to in the preceding paragraph, shall be bound by the Convention for a further 10-year period and shall then be able to terminate it at the end of each 10-year period under the conditions laid down in this Article.
1. The Director-General of the International Labour Office shall notify all Member States of the International Labour Organisation of the registration of all ratifications and statements communicated to it by the Member States of the Organisation.
2. When notifying the Member States of the organisation of the registration of the second ratification notified to it, the Director-General shall notify the Member States of the organisation of the date on which this Convention enters into force.
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations the full details of all the ratifications and statements he has entered in accordance with the provisions of the previous Articles.
The Administrative Board of the International Labour Office, whenever deemed necessary, shall present a report to the General Conference on the implementation of this Convention and shall examine whether it is appropriate to put on the agenda of the General Conference a question of its complete or partial revision.
1. Where the General Conference adopts a new Convention which fully or partially revises this Convention and does not provide otherwise for the new Convention:
(a) ratification by a Member State of a new revising convention shall cause the ipso jure to be terminated immediately, regardless of the provisions of Article 14, subject to the fact that the new revising convention becomes effective;
(b) since the new revised Convention enters into force, this Convention shall cease to be open to the Member States for ratification.
2. However, this Convention shall remain in force in its form and content for those Member States which have ratified it and which have not ratified the revised Convention.
The English and French versions of this Convention shall be equally authentic.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 23 / 1981 Coll., on the Convention on a Medical Examination of the Eligibility of Children and Youth to Work in Industry (No 77) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1981 |
|---|---|
| Effective from | 23.04.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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