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

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - 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 until the age of 21 years and determination of the occupations concerned. The Committee requests the Government to refer to the comments made in this respect under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

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

Article 7(2)(a). Ensuring the application of the system of medical examinations for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Further to its previous comments, the Committee notes the information provided by the Government in its report that the draft regulations have been replaced by new regulations on the authorization of the employment of young workers (Executive Decree No. 31 of 6 April 2011), adopted within the framework of the implementation of the Act on the comprehensive protection of children and young persons (LEPINA). It observes that, although section 2(d) of the new Regulations provides that children of 14 years of age or over wishing to obtain authorization to work from the Ministry of Labour and Social Welfare shall submit a medical certificate of fitness for employment, no provision determines the measures of identification existing to ensure the application of the system of medical examinations 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. The Committee therefore requests the Government to take the necessary measures, within the framework of the legislative reform, to ensure that measures of identification are adopted with a view to enforcing 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.