Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Spain (Ratification: 1971)

1. Article 2 of the Convention. The Committee refers to the comments made in its observation on the application of Convention No. 77.

2. Article 7, paragraph 2. The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that in its next report the Government will supply full information on the following matters raised in its previous observation:

The Committee noted that, according to the comments presented by the General Workers' Union (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO), failure to comply with the requirement of a medical examination for admission to employment for young persons is much more serious in the case of young persons who are engaged on their own account in non-industrial work, employed in domestic service or engaged on their own account or the account of their parents in itinerant trading or any other occupation carried on in the streets, because the legislation has not determined the measures of identification for ensuring the application of a system of medical examination to such young persons.

The Committee noted the indications contained in the Government's report concerning the sanctions established in Act No. 8 of 1988 for non-observance of the provisions of laws, regulations or agreements which determine high or imminent risks for the personal safety or health of the workers; under the same Act, failure to carry out initial and periodic medical examinations for workers constitutes a serious violation.

The Committee observed that the general nature of such provisions does not preclude, but rather increases the need to establish explicitly by law, in conformity with the Convention, the requirement of a medical examination for fitness for employment of young people engaged in non-industrial occupations and to determine the measures of identification necessary for ensuring the application of the system to such young people.

The Committee hopes that the Government will take into consideration the matters which have been raised concerning the situation of national laws and practice with regard to the application of the Convention and that it will indicate the measures taken or envisaged to ensure that the Convention is observed.

3. The Committee notes the observations made by the Trade Union Federation of Workers' Commissions (CC.OO) which were transmitted to the Government, alleging that national legislation does not provide for any type of medical examination for access to employment of young persons and that as a result no type of medical examination of these workers is normally carried out in practice. According to the above Confederation, Article 3, paragraphs 1 and 2, of the Convention is not applied regarding medical supervision of the fitness for employment of young persons until they have attained the age of 18 years and the repetition of medical examinations every year; nor is Article 3, paragraph 3, applied with regard to the determination by national laws or regulations of the special circumstances in which a medical examination shall be required in addition to the annual examination in order to ensure effective supervision in respect of the risks involved in the occupation. The Committee requests the Government to provide information on all the matters raised.