Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Bulgaria

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1949)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1949)
Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) (Ratification: 1969)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on medical examination of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 77, 78 and 124 in a single comment.

The Committee notes the observations of the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 1 September 2016 as well as the Government’s report.

Article 5 of Convention No. 77 and Convention No. 78 and Article 3(3) of Convention No. 124. Expense of medical examination for fitness for employment to be borne by the employer. The Committee notes that sections 302 and 303 of the Labour Code of 1986, as amended up to 2011, require employees under the age of 18 years to undergo a preliminary and regular medical examination for fitness for employment. It also notes that according to section 287(2) of the Labour Code, the expense of the periodic medical examination of workers shall be borne by the employer.

The Committee notes the observations made by the CITUB that the national laws are silent with regard to who should bear the expense of the preliminary medical examination for fitness for employment. The CITUB points out that section 287(2) of the Labour Code hinders the preliminary medical examination of employees, particularly of those under 18 years of age who can hardly afford such expenses.

The Committee notes the Government’s information in its report that the General Labour Inspectorate Executive Agency (GLI EA) does not have any database containing statistical information on infringements related to the preliminary medical examination of employees under the age of 18 years. However, the Government report indicates that in 2015, there were 3,128 infringements concerning medical examinations and in 2014, there were 4,014 such infringements. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the preliminary medical examination for fitness for employment of young persons under the age of 18 years shall not involve the young person or his/her parents, in any expense.