Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 177) sur le travail à domicile, 1996 - Bulgarie (Ratification: 2009)

Article 3 of the Convention. Declaration and implementation of a national policy on home work. With reference to the issues raised in the Committee’s previous comments, the Government indicates that meetings were held in the past years with representatives of homeworkers to discuss issues related to homeworking specifically. In particular, the Government refers to meetings held in 2018 with the Association of Self-employed and Informal Workers and in 2020 with the Union of Self-Employed Informal Workers (UNITY). The Government states that tangible opportunities for interaction with the compliance authorities have been discussed with representatives of these organizations to better guarantee the rights of homeworkers. The Government further states that one of its main objectives is to tackle the problem of undeclared work and the use of so-called “civil contracts”, which are inadmissible when they conceal the provision of labour. It adds that by decree the General Labour Inspectorate can declare the existence of an employment relationship when it finds that civil contracts are used to disguise an employment relationship. The Committee notes this information with interest and requests the Government to continue to provide detailed information concerning the development, implementation and review of measures adopted or envisaged to improve the situation of homeworkers, in consultation with the employers’ and workers’ organizations.

Articles 1 and 4(2)(a), (d), (e), (g) and (h). Definition of homeworker. Equality of treatment. The Committee notes the information provided by the Government regarding the status of homeworkers and their equal treatment with other workers working within enterprises. The Government indicates that the national legislation provides for a distinction between the status of workers who have an employment relationship and persons who are in a contractual relationship without subordination and that appropriate control mechanisms are provided to ensure that employers fulfil their obligations and that labour legislation is not circumvented. The Government considers that the definition of the content of the employment contract for homeworking in national legislation (section 107b(1) and (2) of the Labour Code) is in line with the definition of “homeworking” under Article 1 of the Convention. The Government adds that the employer is obliged to provide the same pay and equal treatment to homeworkers as it provides to workers and employees working within enterprises (section 107d, subparagraph 2 of the Labour Code) and that the Labour Code ensures that homeworkers enjoy the same rights and protections as workers and employees working on the premises of their employer. The Government adds that the imperative nature of the provision of section 1(2) of the Labour Code implies that recourse to so-called “civil contracts” is inadmissible when they are used to disguise the provision of labour. The Government emphasizes that the Labour inspectorate has the possibility to declare by decree the existence of an employment relationship when it finds that the provision of the labour force has not been regulated in a lawful manner. The Committee also notes the information provided by the Government regarding the level of pay for homeworkers, stating that there are legal provisions ensuring stability and certainty in the payment of wages to workers and employees, including homeworkers, as well as rules to ensure that the employer’s obligation to pay wages to workers and employees on time is fulfilled. The Government clarifies that when labour standards are fully met, workers are entitled to the wages agreed upon in their employment contracts. If labour standards are not met due to the worker’s fault, they are paid based on the work performed. However, if standards are fully met or not met through no fault of the worker, they are entitled to wages no less than the country’s minimum wage. The Government states that it is not possible to agree in the employment contract a wage that is below the national minimum wage. In cases of violation of the legal framework, workers can turn to the Labour Inspectorate, which is empowered to take coercive administrative measures. The Committee further notes the information provided by the Government regarding the minimum age for work as homeworkers, indicating that the general provisions of labour law apply to all employment relationships, regardless of the type of employment contract and that section 301(1) of the Labour Code sets the minimum age for admission to employment at 16 years. The Government indicates that employment of persons under 16 years of age is prohibited and that, exceptionally, minors aged 15 or over may be employed. The Committee requests the Government to continue providing detailed information on the specific measures, in consultation with the social partners, to identify homeworkers in an employment relationship, and to guarantee that homeworkers are not paid at rates below the minimum rate. The Committee also requests the Government to continue providing information on the impact of measures taken with a view to ensuring equality of treatment between homeworkers and other workers in practice.

Article 6. Labour statistics. Article 9 and Part V of the report form. Enforcement measures. Application in practice.The Committee notes the information provided by the Government in response to its previous comments and requests the Government to continue providing updated information concerning the practical application of the Convention, including, if applicable, copies of judicial decisions relevant to the principles of the Convention.