Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Bulgaria (Ratification: 1949)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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. It noted the observations of the Confederation of Independent Trade Unions of Bulgaria (CITUB) that the national laws are silent with regard to who should bear the expense of the preliminary medical examination for fitness for employment and pointed 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 requested 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.

The Committee notes with interest the Government’s information that Ordinance No 9 of 2019 determining the package of health activities under the National Health Insurance Fund guarantees the right of minors under 18 years to obtain the necessary medical certificate for employment without paying.

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

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.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee requests the Government to refer to the comments made under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to refer to the comments made under Convention No. 77.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the amendments made to the Labour Code in 1996. It would draw the Government’s attention to the following points.

1. Article 7, paragraph 2. With regard to the methods of identification or other methods of supervision to be adopted for 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 in itinerant trading or in any other occupation carried on in the streets, the Committee notes that the national legislation does not contain any specific provisions. The Government is accordingly requested to indicate the measures of identification or other methods of supervision taken or envisaged which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged in itinerant trading or in any other occupation carried on in the streets.

2. Moreover, the Committee requests the Government to refer to its comments made under Convention No. 77 concerning Articles 3, paragraph 3; 4, paragraph 2; 5 and 6.