Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 4(1) and (2) of the Convention. Medical examination for fitness for employment in occupations which involve high health risks, periodic re examinations up to the age of 21 years and determination of the occupations concerned. In its previous comments, the Committee noted that the draft regulations on medical examinations for fitness for employment carried out prior to the authorization to employ young persons in industry and non-industrial work, prepared by the General Directorate of Social Protection, provided that the medical examination for fitness for work and periodical re-examinations would be compulsory up to the age of 21 years in occupations which involve high health risks.

The Committee notes the Government’s indication that the draft regulations have been replaced by new regulations on the authorization of the employment of young workers (Executive Decree No. 31 of 6 April 2011), adopted in the framework of the implementation of the Act on the comprehensive protection of children and young persons (LEPINA). However, the Committee observes that neither the above Regulations, nor the LEPINA contain provisions giving effect to this Article of the Convention. The Committee therefore requests the Government to take the necessary measures, in the context of the legislative reform, to ensure that the medical examination for fitness for work and periodical re-examinations are required up to the age of 21 years in occupations which involve high health risks. It also requests the Government to take the necessary measures to ensure that the national legislation determines the occupations or categories of occupations concerned.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited for work. Further to its previous comments, the Committee takes due note of the Government’s indication that young persons who, for any reason, are not considered fit for work are covered by the Institute for Flexible Arrangements of the Ministry of Education, which has developed a strategy of free education targeting young persons and adults in a situation of vulnerability who are over the age of completion of compulsory schooling. Moreover, when medical examination reveals an inaptitude to perform certain types of work, the Ministry of Labour and Social Welfare takes the following measures: the child or young person is referred to the nearest health unit for a free medical check-up; a medical certificate indicating the state of health of the child is issued and medical treatment is prescribed; following the treatment, another medical examination is carried out to ensure that the anomaly has disappeared; and, finally, a medical examination for fitness for work is carried out by the physician. The Committee also notes with interest that section 68 of the LEPINA provides that children and young persons for whom physical anomalies, deficiencies or inaptitude for employment have been found by medical examination shall receive the necessary medical care and shall benefit from rehabilitation measures.