Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Articles 1, 2, 3, 4, 5 and 7 of the Convention. Conditions and characteristics of medical examinations to assess fitness prior to the employment of young persons. In its previous comments, the Committee noted that the General Social Protection Directorate was preparing draft regulations determining the conditions and characteristics of medical examinations carried out prior to the employment of young persons, in accordance with section 117, paragraph 3, of the Labour Code. The Committee hoped that regulations would be drafted and adopted in the near future and asked the Government to provide information in that regard.

The Committee notes the information communicated by the Government, according to which a preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial work, prepared by the General Social Protection Directorate, will be submitted to the executive authorities for approval and promulgation. The Committee notes that the preliminary draft of the regulations gives effect to most of the provisions of the Convention: A definition of “industrial undertaking” is given (Article 1); children and young persons under 18 years of age are required to pass a medical examination for fitness for employment which is carried out and certified by a qualified physician approved by the Ministry of Labour and Social Welfare (Article 2); minors are required to undergo an annual medical examination until the age of 18 years (Article 3); in occupations which involve high health risks, medical examination and re-examinations for fitness for employment are obligatory until the age of 21 years (Article 4); medical examinations for fitness for employment are free of charge (Article 5); and the employer is required to keep a record of work authorizations (Article 7).

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes, however, that the preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial work does not include any provisions giving effect to this Article of the Convention. The Committee reminds the Government that pursuant to Article 6, paragraph 1, of the Convention, the competent authority shall take appropriate measures for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. To this end, by virtue of Article 6, paragraph 2, cooperation shall be established between the labour, health, educational and social services concerned, and effective liaison shall be maintained between these services. In this connection, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79, which contain further indications as to the measures that must be taken by the national authority to implement the provisions of this Article of the Convention. The Committee hopes that the Government will take the necessary steps to include this matter in its current legislative reform. The Committee also hopes that the preliminary draft of regulations will be adopted in the very near future so as to give full effect to the provisions of the Convention and requests the Government to provide information on any new developments in this regard.

Part V of the report form. Application of the Convention in practice. In reference to its previous comments in which it invited the Government to continue providing information on the application of the Convention in practice and to communicate details on the nature of the applications made by young workers which are stored in the abovementioned supervisory archive, the Committee takes due note of the information supplied by the Government.