Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bulgaria (Ratification: 1960)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 8(1) and 11(b) of the Convention. Temporary exceptions. The Committee recalls its previous comment which noted that section 153(4) of the Labour Code, read in conjunction with section 144, permitted overtime work to be carried out on weekly rest days, inter alia, in case of hard seasonal work or for the performance of work linked to national defence, which went beyond the specific circumstances provided in Article 8(1) of the Convention. The Committee further notes that, the Government had not replied to its request of information on the extent to which it is authorized to work overtime under section 144, and further notes the Government’s information provided in its most recent report on the application of the Weekly Rest (Industry) Convention, 1921 (No. 14), according to which no such statistics are available. The Committee draws the Government’s attention, in this respect, to Article 11(b) of the Convention, which requires the gathering of information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee accordingly requests the Government to provide detailed information concerning the use of temporary exceptions to the weekly rest period, provided for in section 144 of the Labour Code, in cases of hard seasonal work or work linked to national defence in its next report.

Article 8(3). Compensatory rest. Further to its previous comment, the Committee notes the Government’s indication that the 24-hour compensatory rest for workers who work on weekly rest days, under section 153(4) of the Labour Code, applies only for workers whose working time is calculated in terms of days. The Committee further notes the Government’s statement that, to align this provision with the requirements of the Convention – that is, that all workers whose weekly rest has been temporarily suspended or reduced are entitled to compensatory rest of a total duration of at least 24 hours, regardless of the manner in which their working time is calculated (weekly, monthly, etc.) – the matter must first be discussed with the social partners. Recalling that the Committee has been commenting for a considerable number of years on the need to amend section 153(4) of the Labour Code, and also recalling that the granting of a period for rest and leisure every week is essential for the workers’ health and well-being, the Committee requests the Government to take appropriate measures without further delay to ensure that workers who are asked to work on the weekly rest day receive compensatory rest regardless of the manner in which their working time is calculated.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Article 8(1) of the Convention. Temporary exemptions. The Committee notes that, under section 153(4) of the Labour Code, read in conjunction with section 144, overtime work carried out on weekly rest days is permitted, inter alia, in case of hard seasonal work or for the performance of work linked to national defence. Given that the scope of these cases seems to go beyond the types of specific circumstances mentioned in Article 8(1) of the Convention, the Committee would be grateful if the Government would provide detailed information on the extent to which use has been made of the possibility provided for under section 144 of the Labour Code.

Article 8(3). Compensatory rest. The Committee understands that, in accordance with section 153(4) of the Labour Code, only workers who perform overtime on weekly rest days and whose working time is calculated in days are entitled to compensatory rest of at least 24 hours the following week. It requests the Government to clarify whether that is indeed the case and, if so, to indicate what measures have been taken or are envisaged to ensure that all workers whose weekly rest has been temporarily suspended or reduced are entitled to compensatory rest of a total duration of at least 24 hours, regardless of the manner in which their working time is calculated (weekly, monthly, etc.).

Furthermore, given that the Ordinance on working time, rest periods and leave is not available to the Office, the Committee would be grateful if the Government would provide a copy of that text.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 8, paragraph 1, of the Convention. Temporary exemptions. The Committee notes that, under section 153(4) of the Labour Code, read in conjunction with section 144, overtime work carried out on weekly rest days is permitted, inter alia, in case of hard seasonal work or for the performance of work linked to national defence. Given that the scope of these cases seems to go beyond the types of specific circumstances mentioned in Article 8, paragraph 1, of the Convention, the Committee would be grateful if the Government would provide detailed information on the extent to which use has been made of the possibility provided for under section 144 of the Labour Code.

Article 8, paragraph 3. Compensatory rest. The Committee understands that, in accordance with section 153(4) of the Labour Code, only workers who perform overtime on weekly rest days and whose working time is calculated in days are entitled to compensatory rest of at least 24 hours the following week. It requests the Government to clarify whether that is indeed the case and, if so, to indicate what measures have been taken or are envisaged to ensure that all workers whose weekly rest has been temporarily suspended or reduced are entitled to compensatory rest of a total duration of at least 24 hours, regardless of the manner in which their working time is calculated (weekly, monthly, etc.).

Furthermore, given that the Ordinance on working time, rest periods and leave, referred to by the Government in its report, is not available to the Office, the Committee would be grateful if the Government would provide a copy of that text.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 8, paragraph 3, of the Convention. Temporary exemptions and compensatory rest. The Committee notes with satisfaction that, under the Act published in Official Gazette No. 52-2004 and in force since 1 August 2004, section 150(2) of the Labour Code, which prohibited the compensation of overtime work by rest, has been repealed and a new paragraph 4 has been added to section 153 of the same Code, providing for supplementary payment of wages together with compensatory rest of 24 consecutive hours the following week for workers who perform overtime on the two weekly rest days.

Furthermore, the Committee raises other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information provided with the Government’s report and in reply to its previous comments.

Article 8, paragraph 3, of the Convention. The Committee notes with interest that the Bill on Amendments and Supplements of the Labour Code, as approved by Decision No. 562 of 6 August 2003 of the Council of Ministers, proposes to repeal section 150(2) of the Labour Code, under which compensation of overtime work by rest is prohibited. It further notes that the draft amendment explicitly adds a new paragraph 3 to section 153, making provision for a minimum compensatory rest of 24 continuous hours for overtime work carried out on the two weekly rest days of a five-day working week, besides remuneration. Please provide a copy of the new legislation, once it has been adopted.

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

The Committee notes the Government’s report. It would be grateful for further clarifications regarding the following points.

Article 8, paragraph 1. The Article provides that temporary exemptions, total or partial (including the suspension or reduction of the rest period), from the provisions of Articles 6 and 7 shall be permitted in enumerated cases under (a) (c). Overtime work on a weekly rest day is allowed under section 144 of the Labour Code, inter alia, in case of hard seasonal work. This exception does not appear to be in conformity with the stipulated exceptional cases under Article 8, paragraph 1(a)-(c). The Committee requests the Government to inform the Committee how the full application of the Convention is ensured in this respect.

Article 8, paragraph 3. This Article provides that, where temporary exemptions are made in accordance with the provisions of this Article, the persons concerned shall be granted compensatory rest at least equivalent to the period provided for under Article 6. In accordance with sections 144 and 146(3), overtime may also be worked on a weekly rest day. Under section 150(1) of the Labour Code of Bulgaria, enacted on 1 January 1993, compensation of overtime work by rest is prohibited. The Government’s report pointed out that the problem has been solved by section 153(2) of the Labour Code. This section, however, is applicable to sum calculation of working time in case of productions of uninterruptible process, in shift changes and the six-day working week and does apparently not ensure a compensatory rest for exemptions made under section 144.

Furthermore, the Committee notes the forthcoming amendment of the Labour Code through section 136(a). It notes that this section will allow a prolongation and respectively shortening of working hours during working days for manufacturing reasons. Again, this section does not provide for compensatory rest for exemptions made under section 144 of the Labour Code.

Therefore the Committee recalls that the national legislation is still not in conformity with the Convention. It trusts that the Government will take the necessary action in the near future and that it will provide full information in its next report.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including extracts from the reports of the inspection services and information concerning the number of workers covered by the relevant legislation and the number and nature of the contraventions reported.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

In its previous comments the Committee noted that, under section 150(2) of the 1992 version of the Labour Code, compensation for overtime work with extra leave is prohibited. It recalled that, in so far as overtime work on a weekly rest day may be allowed exceptionally under section 144, it should under Article 8(3) of the Convention be compensated by a rest period of a total duration at least equivalent to the minimum provided for under Article 6 of the Convention. The Committee expressed the hope that the Government would take the necessary measures to amend the weekly rest provisions of the Labour Code to ensure the application of the Convention with respect to compensatory rest. The Committee observes that the Government’s latest report contains no specific answer to its previous request. The Committee trusts that the Government will take the necessary action in the near future and that it will provide full information in its next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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 following matters raised in its previous direct request:

Article 8 of the Convention. The Committee notes that, under section 150(2) of the 1992 version of the Labour Code, compensation for overtime work with extra leave is prohibited. It recalls that, in so far as overtime work on a weekly rest day may be allowed exceptionally under section 144, it should under Article 8(3) of the Convention be compensated by a rest period of a total duration at least equivalent to the minimum provided for under Article 6 of the Convention. The Committee hopes that the Government will take the necessary measures to amend the weekly rest provisions of the Labour Code to ensure the application of the Convention with respect to compensatory rest, and that it will provide full information in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments the Committee noted that, under section 150(2) of the 1992 version of the Labour Code, compensation for overtime work with extra leave is prohibited. It recalled that, in so far as overtime work on a weekly rest day may be allowed exceptionally under section 144, it should under Article 8(3) of the Convention be compensated by a rest period of a total duration at least equivalent to the minimum provided for under Article 6 of the Convention. The Committee expressed the hope that the Government would take the necessary measures to amend the weekly rest provisions of the Labour Code to ensure the application of the Convention with respect to compensatory rest. The Committee observes that the Government's latest report contains no specific answer to its previous request. The Committee trusts that the Government will take the necessary action in the near future and that it will provide full information in its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 8 of the Convention. The Committee notes that, under section 150 of the 1987 Labour Code, compensation for overtime work with extra leave is prohibited. It recalls that, in so far as overtime work on a weekly rest day may be allowed exceptionally under section 144, it should under Article 8(3) of the Convention be compensated by a rest period of a total duration at least equivalent to the minimum provided for under Article 6 of the Convention. The Committee hopes that the Government will take the occasion of the current revision of the Labour Code to ensure the application of the Convention in this respect, and that it will provide full information in its next report.