Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Bulgaria (Ratification: 1935)

Article 3, paragraph 2(1) and (2), of the Convention. The Committee notes with interest the information supplied by the Government on the composition and working rules of the National Council for Tripartite Cooperation (NCTC) as set out in Decree No. 51 of 15 March 1993. It would appreciate receiving a copy of the Council’s quarterly bulletin as well as any other information relating to its functioning in the field of minimum wage fixing.

Article 3, paragraph 2(3). In its previous comments concerning the binding effect of the minimum wage, the Committee requested the Government to indicate the legislative or regulatory provisions which protect the national minimum wage fixed under section 244 of the Labour Code from abatement by individual or collective agreements. In its reply, the Government refers to the Ordinance on negotiation of labour remuneration, section 12 of which provides that the minimum wage negotiated through collective bargaining or fixed under an individual contract of employment cannot be lower than the national minimum wage decreed by the Council of Ministers. The Committee requests the Government to specify the details and transmit a copy of the above Ordinance.

Article 4, paragraph 1. The Committee notes from the Government’s report that the Confederation of Labour Podkrepa has made an observation suggesting that workers’ representatives should be given a legal opportunity to participate in the work of the general labour inspectorate. The Committee also notes the Government’s comment in this respect to the effect that section 402, paragraph 3, of the Labour Code already provides that the rights and powers of the controlling bodies shall be extended to trade union organizations. Noting that Chapter 19, section 1, of the Labour Code refers to state bodies responsible to control observance of labour legislation, and also that under section 399 of the Labour Code the general labour inspectorate is defined as a government agency under the overall authority of the Ministry of Labour and Social Welfare, the Committee would be grateful if the Government would further clarify how the powers attributed to workers’ organizations are exercised in practice, especially in matters related to minimum wages.

Article 5 of the Convention and Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention, including, for instance, the minimum wage rates in force, statistics on the number of workers and occupational categories covered by minimum wage provisions, and reports of inspection services regarding the enforcement of minimum wage rules and regulations.