Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Case No 2047 (Bulgaria) - Complaint date: 23-AUG-99 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 29. The Committee last examined this case at its March 2005 meeting when it noted with interest the efforts made by the Government to clarify to the Association of Democratic Trade Unions (ADS) and the National Trade Union (NTU) the procedure that may be followed to request recognition of their representative status at the national level, and expressed the hope that the ADS and the NTU would provide the necessary documentation in accordance with the appropriate procedure should they still wish to be considered for recognition of representativeness at the national level. The Committee requested the Government to keep it informed of any developments in this respect and further requested the Government to keep it informed of the outcome of the appeal made by the Confederation of Labour “Podkrepa” and the Confederation of Independent Trade Unions in Bulgaria (CITUB) in respect of the recognition of the Association of Trade Unions to “Promyana” Alliance (hereinafter the Promyana Alliance) and to furnish a copy of the Supreme Administrative Court judgement [see 336th Report, approved by the Governing Body at its 292nd Session, paras. 14-18].
2. 30. In a communication dated 30 May 2005, the Government indicated with regard to the appeal lodged by the Confederation of Labour “Podkrepa” in respect of the recognition of the Promyana Alliance, that by Ruling No. 418 passed on 14 January 2005, the Supreme Administrative Court declared the complaint inadmissible (ruling attached). Pursuant to an appeal by the Confederation of Labour “Podkrepa”, the Supreme Administrative Court issued Ruling No. 1699 on 23 February 2005 by which it affirmed Ruling No. 418 of 14 January 2005. Ruling No. 1699 was final and could not be appealed. Thus, the Promyana Alliance remained a representative workers’ organization at the national level. Finally, the Government indicated that the ADS and the NTU had not requested recognition as representative at the national level despite the fact that article 36 of the Labour Code and the ordinance issued on the basis of the Labour Code enabled every employers’ and workers’ organizations to apply for recognition as representative at national level.
3. 31. The Committee takes note of this information.