Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - El Salvador (Ratification: 1995)

1.  In its previous comment, the Committee noted that section 117 of the Labour Code requires an examination of young persons before they are admitted to employment and that the procedures governing such medical examinations must be determined by regulations. It notes that, according to the Government, subsection 3 of section 117 of the Labour Code stipulates that these regulations fix the conditions and characteristics of such a medical examination of young persons. According to the Government, this examination contains the following elements: the medical examination for fitness for employment must be carried out by a qualified physician, must be certified in a corresponding document, and the fitness of a young person for employment is subject to periodical medical supervision at intervals of not more than one year.

The Committee notes the Government’s indication to the effect that the General Social Protection Directorate is meeting to draft these regulations and that, when it has completed its work, the regulations will be sent to the ILO. The Committee hopes that regulations in application of section 117 of the Labour Code will be prepared and drafted in the near future and requests the Government to keep the ILO informed of any developments in this regard. Furthermore, it requests the Government to send a copy of the regulations when adopted.

2.  Part V of the report form.  The Committee notes that the Ministry of Labour and Social Protection is currently setting up archives to monitor requests submitted by working minors which will provide continuous follow-up supervision in conformity with the procedures to be followed for such requests from young persons. It also notes that all required medical examinations regarding fitness for employment are free of charge and that, if there are health problems, the young worker must receive adequate medical assistance. The Committee takes due note of this information and invites the Government to continue to supply information on the application of the Convention in practice and, in particular, to communicate details on the nature of the applications made by young workers which are stored in the abovementioned supervisory archive.