Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Bulgaria

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1949)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1949)
Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) (Ratification: 1969)

Article 5 of Convention No. 77 and Convention No. 78 and Article 3(3) of Convention No. 124. Expense of medical examination for fitness for employment to be borne by the employer. The Committee notes that sections 302 and 303 of the Labour Code of 1986, as amended up to 2011, require employees under the age of 18 years to undergo a preliminary and regular medical examination for fitness for employment. It also notes that according to section 287(2) of the Labour Code, the expense of the periodic medical examination of workers shall be borne by the employer. It noted the observations of the Confederation of Independent Trade Unions of Bulgaria (CITUB) that the national laws are silent with regard to who should bear the expense of the preliminary medical examination for fitness for employment and pointed out that section 287(2) of the Labour Code hinders the preliminary medical examination of employees, particularly of those under 18 years of age who can hardly afford such expenses. The Committee requested the Government to indicate the measures taken or envisaged to ensure that the preliminary medical examination for fitness for employment of young persons under the age of 18 years shall not involve the young person or his/her parents, in any expense.

The Committee notes with interest the Government’s information that Ordinance No 9 of 2019 determining the package of health activities under the National Health Insurance Fund guarantees the right of minors under 18 years to obtain the necessary medical certificate for employment without paying.