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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.

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In order to provide a comprehensive view of the issues relating to the application of the Conventions on medical examination of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 77, 78 and 124 in a single comment.
The Committee notes the observations of the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 1 September 2016 as well as the Government’s report.
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.
The Committee notes the observations made by the CITUB that the national laws are silent with regard to who should bear the expense of the preliminary medical examination for fitness for employment. The CITUB points 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 notes the Government’s information in its report that the General Labour Inspectorate Executive Agency (GLI EA) does not have any database containing statistical information on infringements related to the preliminary medical examination of employees under the age of 18 years. However, the Government report indicates that in 2015, there were 3,128 infringements concerning medical examinations and in 2014, there were 4,014 such infringements. The Committee requests 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.

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Article 7(2) of the Convention. The Committee previously requested the Government to provide information on the methods of supervision designed to ensure the application of the system of medical examination for fitness for employment to children and young persons.
The Committee notes the information in the Government’s report that, pursuant to section I of Chapter XV of the Labour Code, persons under 18 years may only be employed with the prior permission of the labour inspectorate. In this regard, the Committee notes with interest that, pursuant to Ordinance No. 6 of 24 July 2006 (on the terms and conditions for the issue of work permits to persons under 18), such a permit shall only be issued by the labour inspectorate if the person has passed a preliminary medical examination indicating fitness for the work to be performed. When an employer requests permission to employ a person under 18, this request to the labour inspectorate must be accompanied by a medical certificate indicating that the person under 18 is fit to perform the work in question. The Committee further notes the Government’s indication that for the period of 2004–10, the labour inspectorate did not identify any requests for the employment of a person under 18 years where the person had not successfully undergone the preliminary medical examination required. Pursuant to this regulation, persons aged 15 and 16 must undergo a compulsory medical examination every six months, and persons 17 and 18 years of age must undergo this examination once a year. The documents reflecting the successful completion of the preliminary and periodical medical examinations shall be classified in the medical file of the person concerned by both the occupational health offices and by the employer. Pursuant to the Law on Health and Safety at Work, the regional health inspectorates shall monitor the implementation of these provisions by the occupational health offices, while the labour inspectorate shall monitor such compliance by employers.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
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Article 7(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.

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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.

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The Committee takes note of the amendments made to the Labour Code in 1996. It would draw the Government’s attention to the following points:

Article 3, paragraph 3, of the Convention. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958 concerning medical examination of workers prior to their employment and at regular intervals, read together with list 2 annexed to the Ordinance, requires medical re-examinations in intervals of three to six months for specific types of work. It also notes that section 304 of the Labour Code, 1996, provides for the periodical amendment and review, at least every three years, of the list to be established which indicates dangerous jobs forbidden for persons between 16 and 18 years of age. In the light of this provision of the Labour Code, the Committee would request the Government to indicate whether the above Ordinance has been subject to amendments, in particular with regard to list 2, annexed to the Ordinance, which contains an enumeration of work considered dangerous or harmful to the health of workers.

Article 4, paragraph 2. The Committee notes that section 12 of the Ordinance No. 87 of 7 September 1958, in conjunction with list No. 2, which is annexed to the Ordinance, specifies the periodicity of medical examinations to be carried out for the different activities. With regard to the provision of section 304 of the Labour Code, 1996, the Committee would ask the Government to indicate whether amendments have been adopted in this respect.

Article 5. The Committee understands from the Government’s indications that all medical examinations do not involve the child, young person or his parents in any expense. It would nevertheless request the Government to indicate whether it is intended to take legislative measures which provide that medical examinations for fitness for employment are free of expense for the child, young person or his parents.

Article 6. The Committee would request the Government to supply updated information on the current measures taken for vocational and physical rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations. It would further ask for updated information regarding the status of national legislation providing for the issue: (a) of temporary work permits or medical certificates valid for a limited period of time; or (b) of permits or certificates requiring special conditions of employment, to children and young persons, whose fitness for employment is not clearly determined.

Article 7, paragraph 1. Pursuant to section 303, subsection 3 of the Labour Code, 1996, 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 a young person. The Committee would request the Government to explain which national law or regulation provides that the documents certifying the fitness for employment are available to the labour inspectors at any time.

Article 7, paragraph 2. With regard to the methods of supervision, other than those described in Article 7, paragraph 1, of the Convention, which are to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons, the Committee notes that the national legislation does not contain any specific provisions. The Government is accordingly requested 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.

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