Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Bulgarie (Ratification: 1949)

Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that in the report on the activities of the General Labour Inspectorate Executive Agency (GLIEA) in 2021, 288 inspections were carried out which aimed at establishing compliance with the legal requirements for employment of foreigners in the country. It also indicates that 375 violations were found (they were 66 in 2015, 123 in 2016, and 272 in 2017), of which 122 for providing labour without the corresponding permit or registration with the Employment Agency; 105 for not notifying the GLIEA of the date of commencement of the employment relation with a foreign worker; ten for hiring foreigners illegally staying in the country; eight for employment of foreign workers who do not have the right to access the labour market in the Republic of Bulgaria. The Government notes an increasing trend of foreigners working without a work permit or without registering their employment with the Employment Agency. The Government indicates that an important way to limit these violations is a close cooperation between GLIEA and the Employment Agency. The Government adds that it is unable, for technical reasons, to provide data on the number of applied criminal penalties for violations concerning the employment of foreign workers in an irregular situation, as well as for cases concerning migrant workers in an irregular situation who received their delayed wages. The Committee recalls that the enforcement of provisions regarding foreign workers that are illegally in the country does not fall within the primary functions of the labour inspectors under Article 3(1) of the Convention. Noting the absence of sufficient information in this regard and the indication of the Government concerning an increasing trend of foreigners working without a work permit or without registering their employment, the Committee requests the Government to indicate if the GLIEA continues to undertake joint inspection activities with the authorities in charge of national security. The Committee also requests the Government to continue to provide information on the number of foreign workers in an irregular situation detected by labour inspectors and to indicate the role of labour inspectors in informing migrant workers about their labour rights and in enforcing those rights, including improved data on the recovery of wage and social security credits specific to foreign workers without a residence permit.

The Committee is raising other matters in a request addressed directly to the Government.