Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 183) sur la protection de la maternité, 2000 - Bulgarie (Ratification: 2001)

The Committee notes the comments made by the Confederation of Independent Trade Unions in Bulgaria (KNSB/CITUB), as well as the information provided by the Government concerning the application of Article 2(1) of the Convention (scope of application) and Article 9(1) (inclusion of the period of maternity leave in the period of service). It also notes the Law of 19 January 2012 amending and supplementing the Labour Code which introduces a new provision concerning the right of employees after maternity leave, childbirth, adoption and parental leave.

Article 3 of the Convention. Health protection. The Committee once again requests the Government to indicate whether the ordinance concerning hazardous or arduous types of work has been adopted by the Minister of Labour and Social Policy and the Minister of Health and, if so, to provide a copy. The Committee once again 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 invoked the provisions of section 309 of the Labour Code concerning transfers to other appropriate work.

Article 4(4). Compulsory postnatal leave. The Committee notes that the legislation does not mention compulsory postnatal leave. It notes however that section 163(4) and (5) mention compulsory leave of 42 days if the child is stillborn or in the cases of adoption, placement in a fully public-financed childcare institution and death. Please indicate the measures adopted or envisaged to ensure that in every case a period of compulsory postnatal leave of at least six weeks, in accordance with these provisions of the Convention, is required.

Article 8(1). Prohibition of dismissal during pregnancy and maternity leave. The Committee notes that the grounds for dismissal of pregnant women or women in an advanced stage of IVF treatment provided for by section 333 of the Labour Code could be considered excessively broad, thus undermining the protection of women workers (in particular when the post occupied by the employee should be released to reintegrate an illegally dismissed employee who was previously holding this post, when the employee is objectively unable to fulfil her employment contract, or for disciplinary reasons). The Government indicates however that the burden of proving that the dismissal of the pregnant worker is lawful is borne by the employer. The Committee asks the Government to specify the relevant national provisions concerning the burden of proof in case of dismissal during the protected period, as well as to provide information on the number of dismissals of pregnant women registered by the labour inspectorate and the grounds specified in those cases.

Article 9(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, contains 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).