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

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

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 The Government indicated that the preliminary draft regulations had been replaced by new regulations on the authorization of work permits for young workers (Executive Decree No. 31 of 6 April 2011), adopted from the implementation of the Act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.