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

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - El Salvador (Ratification: 1995)

The Committee refers the Government to its comments under Convention No. 77 and notes that the preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial occupations gives effect to the following Articles of the present Convention: Article 1 (definition of “non-industrial occupations”); Article 2 (medical examination for fitness for employment of children and young persons under 18 years of age); Article 3 (annual medical examinations for fitness for employment until 18 years of age); Article 4 (medical examinations for fitness for employment and regular re-examinations required until the age of 21 years for occupations which involve high health risks); Article 5 (free medical examinations for fitness for employment); and Article 7, paragraph 1 (keeping of records of work authorizations by the employer).

The Committee points out, however, that the preliminary draft of regulations does not give full effect to the Convention in respect of the following areas.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to certain types of work. The Committee requests the Government to refer to its comments regarding Convention No. 77.

Article 7, paragraph 2(a). Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee notes that, pursuant to section 378 of the Family Code, minors engaged in own-account work, who are not subject to an employment relationship, may carry on their activities with the authorization of the Ministry of Labour and Social Welfare. The Committee notes that neither the national legislation governing the economic activity of children nor the preliminary draft of regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial occupations contain provisions concerning medical examinations for fitness for employment for children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Committee reminds the Government that by virtue of Article 7, paragraph 2(a), of the Convention, measures of identification are to be adopted to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access (for example, the person concerned must have a medical examination document). The Committee requests the Government to examine the possibility of including such a provision in the preliminary draft of regulations.

The Committee hopes that the preliminary draft of regulations will be adopted in the near future so as to give full effect to the Convention and asks the Government to provide information on any new developments in this regard.