The Convention For The Medical Examination Of Children And Adolescents To Spůsobilosti

Original Language Title: o Úmluvě o lékařském vyšetření spůsobilosti dětí a mladistvých k

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24/1981 Coll.


Minister of Foreign Affairs

of 20 December. January 1981

the Convention for the medical examination of the eligibility of children and adolescents to

work neprůmyslovými work (# 78)

On 9 April. October 1946 was on 29. meeting of the General Conference of the international

work organisation adopted the Convention concerning the medical examination of the eligibility of children

and adolescents to employment neprůmyslovými (# 78). The ratification of the

The Convention was signed to the Czechoslovak Socialist Republic on 23 December 2005.

April 1980 Director General of the International Labour Office. According to their

Article 12 of the Convention for the Czechoslovak Socialist Republic in

into force on 23 September 2006. April 1981.

Czech translation of the text of the Convention shall be published at the same time.


Ing. Chňoupek v.r.


a medical examination of the eligibility of children and adolescents to employment

neprůmyslovými (# 78)

The General Conference of the International Labour Organization,

that was convened by the Administrative Council of the International Labour Office to Montreal

and there met on 19 December. September 1946 at its twenty-ninth session,

rozhodnuvši to adopt some of the proposals relating to the

the medical examination of the eligibility of children and adolescents to employment

neprůmyslovými, which is the third point of the agenda

the meeting,

stanovivši, that these proposals will take the form of an International Convention,

accepts delivery 9. October 1946 this Convention, which will be referred to as

Convention concerning the medical examination of minors (non-industrial employment) 1946:


General provisions

Article 1

1 This Convention applies to children and young people who are employed

neprůmyslovými work for a wage or, directly or indirectly, for consideration.

2 for the purposes of this agreement, the term "non-industrial work" includes all

other work, which did not include the competent authority between the work in the industry, in the

agriculture or at sea.

3 the competent authority shall designate the boundary between work and the work of neprůmyslovými in

the industry, of agriculture and of the sea.

4 national legislation may exclude from the application of this Convention

employment in family businesses, where they are employed only to parents and

their children or those under their supervision, in the execution of the works, which are recognised as

There is the health of children or adolescents.

Article 2

1 Children and young people under eighteen years of age shall not be admitted to employment

neprůmyslovými work, unless after thorough medical examination were

considered eligible for such work.

2 medical examination eligibility to employment performs a qualified

the doctor approved by the competent authority and shall be certified either by a medical

examination or in the permit or in the work book.

3 a document certifying fitness for employment may:

and) determine certain conditions of employment;

(b)) be issued for a specific job or for group work or employment,

that threaten health, which has set as a group of authority

responsible for the implementation of the legislation on medical examination

eligibility for employment.

4 national legislation shall specify the authority competent to issue the document

confirming eligibility to employment and lays down the conditions for the issuance of

and the release of this document.

Article 3

1 the child or teen in terms of eligibility for employment

exercises, will be under medical supervision until eighteen years of age.

2 the employment of child or young person to eighteen years of age may continue

only if there is a medical examination at least once a year.

3 the national legislation are:

and either lay down specific prerequisites), under which it has require additional

medical examination outside the annual examination or examinations in the

more frequent intervals, in order to ensure effective supervision with regard to the

threats to health in the workplace and to the State of health of a child or

young, which has been detected in previous examinations;

(b) empower the competent authority) or, in exceptional cases, the required

the repetition of the medical examination.

Article 4

1 for a job that high health, to require

medical examination of eligibility for employment and its periodic

repeat at least into the twenty-first of the year.

2 the national legislation to determine or authorize an appropriate body,

to determine the job or group of jobs for which you want to require

medical examination of eligibility for employment and its periodic

repeat at least into the twenty-first of the year.

Article 5

A medical examination required under the preceding articles, should not be

associated with any expenses for the child or young person or of his parent.

Article 6

1, the competent authority shall take appropriate measures for the consultancy for the choice

profession, medical and employment rehabilitation and retraining of children and

adolescents who were recognized on the basis of a medical examination

ineligible for certain types of work or are disabled or affected by


2 the competent authority shall determine the nature and extent of such measures; for this

the purpose of the cooperation is to be established between the working offices, healthcare

and educational authorities and institutions of social care and to make such measures

could do this, it is to maintain effective cooperation between those authorities.

3 national legislation may provide that, in children and adolescents, the

which has not been clearly established eligibility for employment, will be

issued to:

and temporary work permit) or medical report card valid for

limited period of time, after which the young worker must undergo

the new examination;

(b)) a permit or certificate, laying down special conditions for the exercise of

the profession.

Article 7

1 The employer to require that uschovával and had available

for labour inspectors either a medical certificate of fitness to

employment or work permit or work book demonstrating that from

medical point of view there is no objection to the work according to what is

prescribed by national legislation.

2 national legislation shall specify:

and) the measures for establishing the identity of the person, in order to check

as the scheme of medical examination of eligibility for employment with

children and adolescents employed either on own account or on behalf of the parents

in the ambulatory or in another job shop operated on the streets

or in places accessible to the public;

(b)) other control methods, in order to ensure accurate compliance with this

of the Convention.


Special provisions for certain countries

Article 8

1 if the Member State's territory includes large areas where, for

sparse population or to the level of development achieved by the competent

authority in accordance with the provisions of this Convention for the impractical, can cut

such areas from the application of this Convention either completely or allow such

exceptions as it deems appropriate with regard to certain undertakings or


2 each Member State shall indicate in its first annual report on the implementation of this

the Convention, which is submitted in accordance with article 22 of the Constitution of the international organization

the work, all the activities for which it intends to apply the provisions of this

the article, and no Member State shall apply after the presentation of his first annual

the provisions of this article reports on other areas than that stated.

3 each Member State which has applied the provisions of this article shall be marked in the

its other annual reports the areas for which waives the right

apply the provisions of this article.

Article 9

1 each Member State which, before has adopted legal provisions

enabling the ratification of this Convention, not the medical legislation

examination of the eligibility of children and adolescents for non-industrial work, can

a declaration attached to the ratification to replace the age of eighteen

years as provided for in articles 2 and 3 of the lower age limit, but not less

than sixteen years of age, and the age of twenty-one years as laid down in

Article 4 of the lower age limit, but no less than nineteen years of age.

2 each Member State which has made such a declaration may at any time

appeal by a subsequent declaration.

3 each Member State for which it is in effect a declaration made under

paragraph 1 of this article shall notify in its annual

reports on the implementation of this Convention, any progress towards full

the implementation of the provisions of this Convention.


Final provision

Article 10

Nothing in this Convention shall affect any law, decision, practice

or agreements between employers and workers, which provide

more favourable conditions than those provided for by this Convention.

Article 11

The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.

Article 12

1 this Convention undertakes to only the Member States of the international organization

labour, whose ratification has been registered by the Director General.

2 shall take effect twelve months after the date the Director writes

the ratification of the two Member States.

3 for each of the other Member State, this Convention shall take effect twelve

months from the date on which its ratification has been registered.

Article 13

1 each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

work that is writes. Denunciation shall take effect one year after the date on which the

It was registered.

2 each Member State which has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for the next ten-year period and then it will be able to terminate

on the expiry of the 10-year period, under the conditions laid down in this


Article 14

1 Director General of the International Labour Office shall notify all Member

States, the International Labour Organisation the ratification of, and writing all the testimony,

which the Member States shall communicate to the organization.

2 when will the Member States to communicate to the Organization the registration of the second ratification,

He has been notified, Member States shall notify the Director-General

Organization on the date when this Convention enters into force.

Article 15

Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102 the Charter of the United

Nations full particulars of all ratifications and denunciations that enrolled

under the provisions of the preceding articles.

Article 16

The Administrative Council of the International Labour Office, at any time it deems

required, shall submit to the General Conference a report on the implementation of the Convention

and examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.

Article 17

1 if the General Conference shall adopt a new Convention revising all or

partly this Convention and does not appoint a new Convention:

and the new Convention revising) the ratification by a Member State will result ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 13,

with the proviso that the new revising Convention enters into force;

(b)), from the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.

2 this Convention shall remain in force in its form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.

Article 18

The English and French texts of this Convention are equally authentic.