Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - El Salvador (Ratification: 1995)

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

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. The Committee requests the Government to refer to its comments on the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Article 7(2)(a). Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Further to its previous comments, the Committee noted that the preliminary draft regulations had been replaced by new regulations on the authorization of the employment of young workers (Executive Decree No. 31 of 6 April 2011), adopted from the implementation of the Act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). It noted that, although section 2(d) of the new regulations provides that children aged 14 years or over who wish to obtain authorization to work from the Ministry of Labour and Social Welfare shall submit a medical certificate of fitness for employment, there are no provisions which determine the existing measures of identification for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading, or in any other occupation carried on in the streets or in places to which the public have access.

The Committee notes the Government’s indication in its report that there are administrative agencies responsible for protecting the rights of children and young persons, such as the protection boards to guarantee and defend the rights of children and young persons. However, the Committee recalls that, under Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading, or in any other occupation carried on in the streets or in places to which the public have access.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4(1) and (2) of the Convention. Medical examination for fitness for employment in occupations which involve high health risks, periodic re-examinations until the age of 21 years and determination of the occupations concerned. The Committee requests the Government to refer to the comments made in this respect under the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited for work. The Committee requests the Government to refer to the comments made under Convention No. 77.

Article 7(2)(a). Ensuring the application of the system of medical examinations for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Further to its previous comments, the Committee notes the information provided by the Government in its report that the draft regulations have been replaced by new regulations on the authorization of the employment of young workers (Executive Decree No. 31 of 6 April 2011), adopted within the framework of the implementation of the Act on the comprehensive protection of children and young persons (LEPINA). It observes that, although section 2(d) of the new Regulations provides that children of 14 years of age or over wishing to obtain authorization to work from the Ministry of Labour and Social Welfare shall submit a medical certificate of fitness for employment, no provision determines the measures of identification existing to ensure the application of the system of medical examinations for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Committee therefore requests the Government to take the necessary measures, within the framework of the legislative reform, to ensure that measures of identification are adopted with a view to enforcing the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee refers the Government to its comments under Convention No. 77 and notes that the preliminary draft of the regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial occupations gives effect to the following Articles of the present Convention: Article 1 (definition of “non-industrial occupations”); Article 2 (medical examination for fitness for employment of children and young persons under 18 years of age); Article 3 (annual medical examinations for fitness for employment until 18 years of age); Article 4 (medical examinations for fitness for employment and regular re-examinations required until the age of 21 years for occupations which involve high health risks); Article 5 (free medical examinations for fitness for employment); and Article 7, paragraph 1 (keeping of records of work authorizations by the employer).

The Committee points out, however, that the preliminary draft of regulations does not give full effect to the Convention in respect of the following areas.

Article 6. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to certain types of work. The Committee requests the Government to refer to its comments regarding Convention No. 77.

Article 7, paragraph 2(a). Ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee notes that, pursuant to section 378 of the Family Code, minors engaged in own-account work, who are not subject to an employment relationship, may carry on their activities with the authorization of the Ministry of Labour and Social Welfare. The Committee notes that neither the national legislation governing the economic activity of children nor the preliminary draft of regulations on medical examinations to assess fitness prior to authorization to employ minors in industry and non-industrial occupations contain provisions concerning medical examinations for fitness for employment for children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. The Committee reminds the Government that by virtue of Article 7, paragraph 2(a), of the Convention, measures of identification are to be adopted to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access (for example, the person concerned must have a medical examination document). The Committee requests the Government to examine the possibility of including such a provision in the preliminary draft of regulations.

The Committee hopes that the preliminary draft of regulations will be adopted in the near future so as to give full effect to the Convention and asks the Government to provide information on any new developments in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee invites the Government to refer to the comments it has made on Convention No. 77.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its first report. It notes that section 117 of the Labour Code requires an examination of young persons before they are admitted to employment and that the procedures governing such medical examinations must be determined by regulations to give effect to the provisions of the Convention. However, it would appear that the regulations to apply this provision have not yet been issued. In the absence of such regulations and of information in response to the questions in the report form, it is not possible to determine whether the provisions of the Convention are applied. The Committee therefore requests the Government to indicate the measures taken or envisaged for the adoption of such regulations. It also requests the Government to provide any other information on the manner in which the Convention is applied in practice, including for instance extracts of the reports of the inspection services and information on the number and nature of contraventions reported, in accordance with point V of the report form.