Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la protección de la maternidad, 2000 (núm. 183) - Bulgaria (Ratificación : 2001)

The Committee notes the information provided by the Government in relation to the application in practice of Article 6, paragraphs 3 and 6, of the Convention (payment of cash benefits to women workers who have not completed six months of contributions or are not covered by the Obligatory Social Insurance Code) and, in particular, the amendments made to the Family Benefits for Children Act No. 32/2004. It requests the Government to provide the additional information necessary on the following points.

Article 2, paragraph 1. Scope of application. With reference to its previous comment, the Committee notes with interest that, according to the Government’s report, a draft amendment to section 10 of the Labour Code, extending the application of the Labour Code to foreign nationals employed in foreign companies in Bulgaria, has been submitted to the National Assembly. The Committee requests the Government to indicate in its next report the progress achieved in the adoption of this draft text.

Article 3. Health protection. Further to its previous comment, the Committee notes the amendment of section 307 of the Labour Code adopted in 2004, which limits the prohibition concerning hazardous or arduous types of work, the list of which is to be defined by an ordinance of the Minister of Labour and Social Policy and the Minister of Health, in accordance with paragraph 3 of this Article to pregnant women and breastfeeding mothers The Committee requests the Government to indicate whether this ordinance has been adopted and, if so, to provide a copy.

The Committee notes the information provided by the Government on the arrangements and procedures for the evaluation of risks to the health of pregnant and breastfeeding women, including the extract from the Ordinance on their occupational reassignment. The Committee requests the Government to indicate, in accordance with point (b) under Article 3 of the report form, the manner in which the results of the assessment of health risks are made available to the women concerned and to provide statistics on the number of cases and the circumstances in which the health authorities have availed themselves of the provisions of section 309 of the Labour Code.

Article 4, paragraphs 1 and 4. Length of maternity leave, compulsory postnatal leave. The Government indicates in its report that, under the terms of section 163(1) of the Labour Code, as amended in 2004 and 2006, the length of maternity leave has been increased from 135 days to 315 days. The Committee notes this information with interest. Please indicate the measures adopted or envisaged to ensure a period of compulsory postnatal leave of at least six weeks, in accordance with these provisions of the Convention.

Article 8, paragraph 1. Prohibition of dismissal during pregnancy and maternity leave. Under the terms of section 9 of the Protection against Dismissal Act, after the person claiming to be the victim of discrimination proves the facts, the defendant has to prove that the right to equal treatment has not been infringed. The Committee requests the Government to explain the manner in which this provision is applied in practice in the light of Article 8, paragraph 1, of the Convention, under which the burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest on the employer.

Article 9, paragraph 1. Inclusion of the period of maternity leave in the period of service. In reply to the Committee’s previous comment, the Government indicates that, according to national law, maternity leave is considered as a period of service. The Committee would be grateful if the Government would specify the relevant national provisions.

Article 9, paragraph 2. Requirement of a medical certificate for the conclusion of an employment contract. The Committee once again requests the Government to indicate whether the medical certificate, which is included on the list of documents required for the conclusion of a labour contract, under the terms of section 1(4) of Ordinance No. 4 of 11 May 1993, cannot contain information relating to pregnancy (unless where such information is required for recruitment to work that is prohibited for pregnant or breastfeeding women, or the work involves a risk to the health of the woman and child).