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

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

Article 4(1) and (2) of the Convention. Medical examination and re examinations for fitness for employment until the age of 21 years in occupations which involve high health risks, and specification of the occupations concerned. In its previous comments, the Committee noted that the preliminary draft regulations on the medical examination for fitness for employment required for authorization to employ minors in industrial and non-industrial work provided that medical examination and re-examinations for fitness for employment would be compulsory until the age of 21 years in occupations which involve high health risks. The Government indicated that the preliminary draft regulations had been replaced by new regulations on the authorization of work permits for young workers (Executive Decree No. 31 of 6 April 2011), adopted from the implementation of the Act for the comprehensive protection of children and young persons (LEPINA). The Committee however noted that neither these regulations nor LEPINA contain provisions giving effect to this Article of the Convention.

The Committee notes the Government’s indication in its report that LEPINA and Executive Decree No. 31 of 6 April 2011 require medical re-examinations for persons under the age of 18 years. The Committee is bound to remind the Government that, under Article 4 of the Convention, medical examination and re examinations for fitness for employment shall be required until the age of 21 years in occupations which involve high health risks. Moreover, national laws or regulations shall either specify, or empower an appropriate authority to specify, the occupations or categories of occupations considered to involve high health risks. The Committee therefore once again requests the Government to take the necessary measures to ensure that medical examination and re-examinations for fitness for employment are required until 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 national laws or regulations specify the occupations or categories of occupations concerned.

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

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.

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

Articles 1, 2, 3, 4, 5 and 7 of the Convention. Conditions and characteristics of medical examinations to assess fitness prior to the employment of young persons. In its previous comments, the Committee noted that the General Social Protection Directorate was preparing draft regulations determining the conditions and characteristics of medical examinations carried out prior to the employment of young persons, in accordance with section 117, paragraph 3, of the Labour Code. The Committee hoped that regulations would be drafted and adopted in the near future and asked the Government to provide information in that regard.

The Committee notes the information communicated by the Government, according to which a preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial work, prepared by the General Social Protection Directorate, will be submitted to the executive authorities for approval and promulgation. The Committee notes that the preliminary draft of the regulations gives effect to most of the provisions of the Convention: A definition of “industrial undertaking” is given (Article 1); children and young persons under 18 years of age are required to pass a medical examination for fitness for employment which is carried out and certified by a qualified physician approved by the Ministry of Labour and Social Welfare (Article 2); minors are required to undergo an annual medical examination until the age of 18 years (Article 3); in occupations which involve high health risks, medical examination and re-examinations for fitness for employment are obligatory until the age of 21 years (Article 4); medical examinations for fitness for employment are free of charge (Article 5); and the employer is required to keep a record of work authorizations (Article 7).

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes, however, that the preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial work does not include any provisions giving effect to this Article of the Convention. The Committee reminds the Government that pursuant to Article 6, paragraph 1, of the Convention, the competent authority shall take appropriate measures for vocational guidance and physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. To this end, by virtue of Article 6, paragraph 2, cooperation shall be established between the labour, health, educational and social services concerned, and effective liaison shall be maintained between these services. In this connection, the Committee refers to Paragraphs 9 and 10 of Recommendation No. 79, which contain further indications as to the measures that must be taken by the national authority to implement the provisions of this Article of the Convention. The Committee hopes that the Government will take the necessary steps to include this matter in its current legislative reform. The Committee also hopes that the preliminary draft of regulations will be adopted in the very near future so as to give full effect to the provisions of the Convention and requests the Government to provide information on any new developments in this regard.

Part V of the report form. Application of the Convention in practice. In reference to its previous comments in which it invited the Government to continue providing information on the application of the Convention in practice and to communicate details on the nature of the applications made by young workers which are stored in the abovementioned supervisory archive, the Committee takes due note of the information supplied by the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  In its previous comment, the Committee noted that section 117 of the Labour Code requires an examination of young persons before they are admitted to employment and that the procedures governing such medical examinations must be determined by regulations. It notes that, according to the Government, subsection 3 of section 117 of the Labour Code stipulates that these regulations fix the conditions and characteristics of such a medical examination of young persons. According to the Government, this examination contains the following elements: the medical examination for fitness for employment must be carried out by a qualified physician, must be certified in a corresponding document, and the fitness of a young person for employment is subject to periodical medical supervision at intervals of not more than one year.

The Committee notes the Government’s indication to the effect that the General Social Protection Directorate is meeting to draft these regulations and that, when it has completed its work, the regulations will be sent to the ILO. The Committee hopes that regulations in application of section 117 of the Labour Code will be prepared and drafted in the near future and requests the Government to keep the ILO informed of any developments in this regard. Furthermore, it requests the Government to send a copy of the regulations when adopted.

2.  Part V of the report form.  The Committee notes that the Ministry of Labour and Social Protection is currently setting up archives to monitor requests submitted by working minors which will provide continuous follow-up supervision in conformity with the procedures to be followed for such requests from young persons. It also notes that all required medical examinations regarding fitness for employment are free of charge and that, if there are health problems, the young worker must receive adequate medical assistance. The Committee takes due note of this information and invites the Government to continue to supply information on the application of the Convention in practice and, in particular, to communicate details on the nature of the applications made by young workers which are stored in the abovementioned supervisory archive.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its first report. It notes that section 117 of the Labour Code requires an examination of young persons before they are admitted to employment and that the procedures governing such medical examinations must be determined by regulations to give effect to the provisions of the Convention. However, it would appear that the regulations to apply this provision have not yet been issued. In the absence of such regulations and of information in response to the questions in the report form, it is not possible to determine whether the provisions of the Convention are applied. The Committee therefore requests the Government to indicate the measures taken or envisaged for the adoption of such regulations. It also requests the Government to provide any other information on the manner in which the Convention is applied in practice, including for instance extracts of the reports of the inspection services and information on the number and nature of contraventions reported, in accordance with point V of the report form.