Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

El Salvador

Convenio sobre el examen médico de los menores (industria), 1946 (núm. 77) (Ratificación : 1995)
Convenio sobre el examen médico de los menores (trabajos no industriales), 1946 (núm. 78) (Ratificación : 1995)

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

Article 4(1) and (2) of Conventions Nos 77 and 78. Medical examination and re-examinations for fitness for employment until the age of 21 years in occupations which involve high health risks, and determination of the occupations concerned. The Committee notes that the Government, in its report, provides a copy of the Decision No. 75-2016 of the Supreme Court of Justice, which declared the unconstitutionality of article 117(3)(ch) which provided that, “with regards to work which presents a risk to the health, the periodic repetition of the [medical] examination shall be mandatory until the age of 21 years”. Following this decision, the Government indicates that: (1) the law now provides for a periodic medical examination for workers under 18 years of age, which is repeated annually until the worker reaches that age (section 117(1) of the Labour Code and section 97(2) of the Act on growing up together for the comprehensive protection of infants, children and young persons); and (2) in accordance with section 8 of the General Act on the prevention of risks at the workplace, the employer is required to develop and implement the management programme for the prevention of occupational risks in the enterprise, which includes the establishment of the programme of medical examinations.

However, the Committee notes with regret that these provisions do not envisage the periodical repetition of the medical examination for fitness for employment up to the age of 21 years in occupations which involve high health risks. The Committee therefore once again requests the Government to take the necessary measures to ensure: (i) that the medical examination and re-examinations for fitness for employment are required for young persons engaged in occupations which involve high health risks, as authorized by article 105(2) of the Labour Code, until the age of 21 years; and (ii) that national laws and regulations either specify, or empower an appropriate authority to specify, the occupations or categories of occupations concerned.

The Committee is raising other matters in a request addressed directly to the Government.