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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bulgaria (Ratification: 1959)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011 on matters being examined by the Committee. It requests the Government to provide its observations thereon.

The Committee notes that the Government’s report has not been received. It is therefore bound to reiterate the issues raised in its previous observation.

Article 1 of the Convention. Protection of workers against acts of anti union discrimination. The Committee had previously requested the Government to provide its observations on earlier comments submitted by the ITUC and the Confederation of Independent Trade Unions in Bulgaria (CITUB) on the lengthiness of anti-union discrimination proceedings. In its previous observation, the Committee noted the Government’s reference to section 310(1) of the Code of Civil Procedure, according to which claims of illegal dismissal, reinstatement and compensation are examined through summary procedure, and asked it to indicate the average length of anti-union discrimination proceedings in practice. The Committee notes that the ITUC indicates that the process of setting up specialized labour courts has continued with ILO assistance, that the legal proceedings for the reinstatement of dismissed workers can take a long time and sometimes even years, and that the sanctions against employers for unfair dismissal are too weak to be dissuasive. The Committee urges the Government to supply practical information regarding the average length of anti-union discrimination proceedings and the compensations paid or sanctions imposed in case of anti-union dismissals, and to indicate the status of the process of establishing specialized labour courts.

Article 2. Protection against acts of interference. In its previous comment, the Committee had requested the Government to take the necessary measures to ensure adequate protection, including by means of dissuasive sanctions, against acts of interference by employers’ organizations. The Committee had previously noted that the Government once again referred to section 33 of the Labour Code, which provides for the autonomy of workers’ and employers’ organizations in formulating their statutes, electing their representatives and adopting their programmes of action stating that it is not considered necessary to have an explicit ban on the acts of interference. In this respect, the Committee once again recalls that under Article 2 of the Convention, all acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial means with the object of placing such organizations under the control of employers or employers’ organizations, shall be deemed to constitute acts of interference. The Committee further recalls that legislation should explicitly prohibit all such acts of interference and make express provision for rapid appeals procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference, in order to ensure the application in practice of Article 2 (see General Survey on freedom of association and collective bargaining, 1994, paragraph 232). Noting that national legislation does not provide full protection against acts of interference by employers or employers’ organizations, the Committee requests the Government to indicate the legislative measures taken or envisaged to ensure adequate protection, including by means of dissuasive sanctions, against such acts of interference.

Article 4. Promotion of free and voluntary collective bargaining. The Committee had previously noted that sections 51(b)(1) and (2) of the Labour Code provided that collective agreements at the level of the branch or industry are concluded between the representative workers’ and employers’ organizations on the basis of an agreement between the national organizations to which they are respectively affiliated. It further noted, in this respect, the Government’s statement that organizations not affiliated to a national representative organization cannot conclude collective agreements at the branch and sectoral levels, though they may do so at the enterprise level. Considering that requiring organizations to be affiliated with a national organization in order to be able to conclude sectoral and branch level agreements is incompatible with the principle of free and voluntary collective bargaining established in Article 4 of the Convention, the Committee requested the Government to amend sections 51(b)(1) and (2) of the Labour Code. With reference to the Government’s earlier commitment to conducting the necessary consultations with the aim of reaching a mutually acceptable decision on this matter, the Committee expects that the necessary legislative amendments will be adopted in the very near future and requests the Government to provide information on any developments in this regard.

Articles 4 and 6. Collective bargaining in the public sector. In its previous comment, the Committee had taken note of the comments made by the ITUC and the CITUB on the denial of collective bargaining rights to public servants and requested the Government to take the steps necessary to amend the Civil Service Act. The Committee had previously noted the Government’s indications that: (i) legislatively regulated issues could not be subject to collective bargaining; (ii) despite the absence of the right of collective bargaining in the narrow sense of the term, under section 44(3) of the Civil Service Act, trade unions are able to represent and defend the rights of civil servants on civil service and social security issues through proposals, requests, and participation in the drafting of relevant internal regulations and ordinances, as well as in the discussion of issues of economic and social interest; (iii) representatives of organizations of civil servants may take part in the competition commission for the selection of candidates to the civil service, as well as participate in the process for the appraisal of civil servants; and (iv) issues related to income and social security in the public service are discussed in the National Council for Tripartite Cooperation, in which all nationally representative employers’ and workers’ organizations are represented. The Committee recalls that all public service workers, other than those engaged in the administration of the State, should enjoy the right to collective bargaining. With reference to the Government’s earlier commitment to conducting the necessary consultations with the aim of reaching a mutually acceptable decision on this matter, the Committee expects that the necessary legislative amendments will be adopted in the very near future and requests the Government to indicate any development in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future. It reminds the Government that it may continue to avail itself of ILO technical assistance in dealing with all the points raised.