Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Bulgaria (Ratification: 2006)

The Committee notes the communication from the Confederation of Independent Trade Unions in Bulgaria (CITUB), attached to the Government’s report.

Article 3 of the Convention. National policy. The Committee recalls that a number of measures aimed at facilitating the reconciliation of work and family responsibilities provided for in the Labour Code and the Civil Service Code are available only to women having children, including the possibility of working at home (section 312 of the Labour Code), the requirement of written consent to perform night work or overtime (sections 140 and 147 of the Labour Code respectively), or for business trips (section 310 of the Labour Code and section 87 of the Civil Service Code), and additional leave for workers with two or more children (section 168 of the Labour Code, which is applicable to employees in the public sector by virtue of section 63 of the Civil Service Code). The Committee notes the Government’s indication that no review of the measures applying the Convention has yet been made. The Committee asks the Government, with the participation of workers’ and employers’ organizations, to take steps to review and amend the legislation with a view to ensuring that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing, and to provide information on any progress made in this regard.

Public sector. The Committee notes that section 63 of the Civil Service Code provides that the entitlements under sections 162–168 of the Labour Code are applicable to employees in the public sector. The Committee asks the Government to provide information on the practical application of section 63 of the Civil Service Code, as well as any other measures taken to apply the Convention in respect of the public sector.

Protection from discrimination on the ground of family responsibilities. The Committee recalls that section 8(1) of the Labour Code prohibits discrimination based on, inter alia, gender and family situation. The Committee notes the information provided by the CITUB concerning the court decisions, which according to the CITUB illustrates discrimination against workers with family responsibilities. The Committee asks the Government to provide its reply to the observation from the CITUB, and to provide information on any cases relating to discrimination in employment and occupation based on family responsibilities that have been dealt with by the courts, the labour inspectorate or the Commission for Protection against Discrimination, and available remedies.

Article 4. Leave entitlements. The Committee recalls that section 167(a) of the Labour Code provides that six-months’ parental leave is available to both fathers and mothers. The Committee notes with interest the amendments made to section 163(7) of the Labour Code, which now provides for 15 days’ paternity leave for the father where both mother and father are married or live in the same household. The Committee also notes that pursuant to section 163(8) of the Labour Code, after the child has reached the age of 6 months, the father may use the remainder up to 410 days of maternity leave, with the consent of the mother. The Committee asks the Government to provide detailed information, including statistical data, on the extent to which paternity leave, maternity leave and parental leave under sections 163(7), 163(8) and 167(a) of the Labour Code have been taken by fathers and mothers, as well as other eligible persons. It also asks the Government to provide information on any measures taken with regard to other immediate family members.

Flexible working-time arrangements. The Committee notes the observation of the CITUB indicating that section 139(a) of the Labour Code does not provide for flexible working-time arrangements, with which the Government agrees. The Committee notes the Government’s indication that under the “Social innovations in the enterprises” scheme, approximately Bulgarian lev (BGN) 38 million has been allocated to support single parents and parents with children under 3 years of age in flexible forms of employment, including working half time. The Committee also notes that Law No. 33 of 2011 supplementing the Labour Code concerning conditions for work at home was adopted (Chapter 8(a), section 107(b)–(g) of the Labour Code), and that the Government indicates that this amendment was based on a consultation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the practical application of the flexible working-time arrangements, including half-time work and work at home including statistical information disaggregated by sex, and the impact of these arrangements on promoting equality of opportunity and treatment for workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee recalls the Updated Employment Strategy 2008–15, which aims at ensuring adequate national coverage of accessible care for small children and other dependent members of the family. The Committee notes the Government’s indication that BGN64 million has been used to finance the “Back to work” scheme under the Human Resource Development Operative Programme. For the period 2009–12, the scheme has aimed at training 8,500 babysitters and 8,000 persons to be employed in childcare, and as of May 2011, 1,138 families with small children used the assistance under this scheme. The Committee asks the Government to provide detailed information on the impact of the Updated Employment Strategy 2008–15, including statistical information indicating the progress made in extending coverage of care services and facilities for children and other dependent members of the family.

Article 6. Information and education. The Committee notes the 2009–15 National Strategy for Gender Equality Promotion, the implementation of which is coordinated by the Ministry of Labour and Social Policy. While this National Strategy sets reconciliation of professional and family obligations as one of the objectives of the gender equality policy, the Committee observes that no further information is provided as to measures taken to promote information and education engendering broader public understanding of the principle of equality of men and women workers and the problems of workers with family responsibilities. The Committee asks the Government to take measures to promote greater awareness and public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by men and women workers with family responsibilities and to promote a climate conducive to overcoming these problems.

Article 7. Integration in the labour force. The Committee notes the Government’s indication that under the national programme “Support motherhood”, which is aimed at promoting women’s participation in the labour market, free childcare for children aged 1 to 3 is provided for jobseekers registered with the Labour Office Directorates. The Committee asks the Government to provide information on the impact of the national programme “Support motherhood”, including the number of beneficiaries of the programme, and to indicate any other measures taken to enable workers with family responsibilities to become and remain integrated in the labour force, and whether they are available to men and women on an equal footing.

Article 8. Termination of employment. The Committee notes the Government’s indication that family obligations may not constitute a legal justification for termination, and that there have been no decisions by the competent authorities including the courts and the Commission for Protection against Discrimination concerning termination of employment due to workers’ family obligations. The Committee asks the Government to indicate any measures taken or envisaged to prohibit explicitly in legislation termination of employment on the ground of family responsibilities. It also asks the Government to provide information on any cases relating to dismissal of workers on the ground of family responsibilities dealt with by the competent authorities, including the courts and the Commission for Protection against Discrimination, and related remedies.

Article 11. Workers’ and employers’ organizations. The Committee notes the Government’s indication that the legislative amendments concerning work at home were based on a national agreement between workers’ and employers’ organizations, which was concluded in November 2010. The Committee requests the Government to continue to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.