23/1981 Coll.
DECREE
Minister of Foreign Affairs
of 20 December. January 1981
the Convention for the medical examination of the eligibility of children and adolescents to
employment in industry (No. 77)
On 9 April. October 1946 was on 29. meeting of the General Conference of the international
Labour Conference adopted the Convention concerning the medical examination of the eligibility of children
and young people to employment in industry (No. 77). Ratification Of The Convention
The Czechoslovak Socialist Republic on 23 June was registered. April
1980, Director General of the International Labour Office. According to article
13 Convention enters 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.
Minister:
Ing. Chňoupek v.r.
CONVENTION
a medical examination of the eligibility of children and adolescents to employment in the
industry (# 77)
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 medical examination
the eligibility of children and adolescents to employment in the industry, which are
the third point of the agenda of 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 (industry), 1946:
PART I
General provisions
Article 1
1 This Convention applies to children and young people who are employed
or working in industrial undertakings, public or private, or
are involved in their activities.
2 for the purposes of this Convention, the term "industrial undertaking" includes in particular:
a) mines, quarries and other enterprises for the mineral mining from the country;
(b)) the undertakings where the products manufactured, prepared, cleaned, repaired, decorate,
complete, preparing for the sale, or destroys, or where the substance
further processed, including those for the construction of ships, for the manufacture, transformation
and transmission of electricity or motive power of any kind;
(c)) the construction of buildings and civil engineering works including works
associated with the construction, repair, maintenance, renovation, and demolition;
d) undertakings for the carriage of persons or goods by road, rail or
inland waters or air, including the handling of goods in
the docks, loading areas, harbours, warehouses or on
airports.
3 the competent authority shall designate the boundary between industry and agriculture, trade
and other neprůmyslovými.
Article 2
1 Children and young people under eighteen years of age shall not be admitted to employment
in the industrial undertaking, unless after thorough medical examination were
considered eligible for the job you have to be employed.
2 medical examination eligibility to employment performs a qualified
the doctor approved by the competent authority and shall be certified either by a medical
proof or confirmation in the permit or in the working
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 employment of a child or teens 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 shall 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
the profession of 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
weakened.
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 other methods of supervision, which may
be sure the exact implementation of this Convention.
PART II
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 make such
exceptions as it deems appropriate with regard to certain undertakings or
employment.
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 of 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, had no legislation on medical
examination of the eligibility of children and adolescents to employment in the industry, 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
to revoke a later statement.
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.
Article 10
1. the provisions of part I of this Convention shall apply to India subject to the
the derogations provided for in this article:
and those provisions) apply to all the territories where "Indian
"The legislature is authorized to perform them;
(b)) the term "industrial undertaking" includes:
(i) the factory under the Indian Act on the factories,
(ii) mines under the Indian Act, mining
(iii) railways,
(iv) all of the jobs, which are covered by the law from 1938 on
the employment of children;
c) articles 2 and 3 shall apply to children and young people up to the age of 16;
d) in article 4, replace the words "twenty one years" with the words "nineteen
years of age ";
e) paragraphs 1 and 2 of article 6 shall not apply to India.
2 the provisions of paragraph 1 of this article may be changed as follows:
and the International Labour Conference may) at each session, on which the
the matter included on the agenda, to take a two-thirds majority
the amendments to paragraph 1 of this article;
(b)), any such amendment is to be in a year or, in exceptional
circumstances, within eighteen months of the end of the session of the Conference submitted to the
in India, the authority or authorities within whose competence the matter falls,
to be enacted, or other kind of measures have been taken;
(c) If India reaches) the consent of the competent authority or authorities shall notify the
formally ratify the new amended versions of the Director General
The International Labour Office for registration;
d) each such amendment was ratified, enters India
into force as the new amended text of this Convention.
PART III
Final provisions
Article 11
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 12
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
Article 13
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 14
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.
Article 15
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 Treaty enters into force.
Article 16
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 17
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 18
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 14,
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 19
The English and French texts of this Convention are equally authentic.
