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

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Bulgaria (Ratification: 1949)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 5 of the Convention. The Committee had previously noted the Government’s indication that medical examinations do not involve any expenses for the child, young person or his/her parents. The Committee nevertheless requested the Government to indicate whether it intended to take legislative measures which ensure that medical examinations for fitness for employment are free of cost for the child, young person or his/her parents. The Committee notes with interest that the amendments made to the Labour Code in 2001 (Amended SG No. 25 of 2001) include a new provision under section 287(2) which states that, “ medical check-ups for all employees shall be on account of the employer”.

Article 7, paragraph 1. The Committee had previously noted subsection (3) of section 303 of the Labour Code, according to which the permission of employment issued by the labour inspectorate on the basis of the results of the medical examinations constitutes a prerequisite for the employer to employ young persons. It had requested the Government to indicate the national law or regulation which provides that the documents certifying the fitness for employment are made available to the labour inspectors at any time. The Committee notes the Government’s indication that, according to section 17 of the Structural Regulation of the General Labour Inspectorate Executive Agency, the labour inspectors shall be control bodies during the course of and in connection with their service duties and shall have the rights established in the Labour Code, the Safe and Healthy Working Conditions Act and the Employment Promotion Act. The Committee also notes that, by virtue of section 402(2) of the Labour Code, the controlling bodies shall have the right “to demand from employers explanations and presentation of all necessary documents, papers and data with reference to the exercise of control”. The Committee takes due note of this information.

Article 7, paragraph 2. The Committee had previously requested the Government to supply information on the other methods of supervision adopted by national law and regulations which are designed to ensure the application of the system of medical examination for fitness for employment to children and young persons. The Committee notes the absence of information in the Government’s report on this point. The Committee therefore once again requests the Government to indicate the other methods of supervision adopted by national laws and regulations for ensuring the strict enforcement of the Convention.