Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Bulgarie

Convention (n° 12) sur la réparation des accidents du travail (agriculture), 1921 (Ratification: 1925)
Convention (n° 44) du chômage, 1934 (Ratification: 1949)
Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation, agriculture), 44 (unemployment benefit), and 102 (minimum standards) together.

The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB), received on 19 September 2025. The Committee requests the Government to provide its comments in this respect.

Article 1 of Convention No. 12. Seasonal agricultural workers. The Committee notes the Government’s indication in its report that the duration of cash benefits for temporary incapacity for work due to employment injury provided to persons engaged in short-term seasonal agricultural work has been extended from 90 to 120 calendar days (section 42(4) of the Social Insurance Code). The Committee further notes that cash benefits for temporary incapacity for work due to employment injury are provided to other insured persons until the restoration of working capacity or until the establishment of disability (section 42(1) of the Social Insurance Code). The Committee recalls that Article 1 of the Convention requires the extension to all agricultural wage earners of all legal provisions for compensation for work injuries. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that short-term seasonal agricultural workers benefit from the same protection as other workers concerning the duration of cash benefits for temporary incapacity for work due to employment injury.

Part II (Medical care), in conjunction with Article 71(3), of Convention No. 102. General responsibility of the State for the due provision of benefits. The Committee notes that the Government does not provide specific information on the provision of medical care benefits. The Committee further notes that the 2025 European Commission Country Report on Bulgaria indicates significant challenges in accessing healthcare, including low health expenditure, high out-of-pocket payments, insurance coverage gaps, and persistent shortages of nurses and general practitioners (pp. 109–111). The Committee once again recalls that, in accordance with Article 71(3) of the Convention, a Member shall accept general responsibility for the due provision of the benefits and shall take all measures required for this purpose. The Committee therefore reiterates its request to the Government to provide information on the necessary measures taken or envisaged to improve access to medical care benefits for all persons protected.

Article 10(1)(b) of Convention No. 44 and Article 20, in conjunction with Article 69, of Convention No. 102. Concept of suitable employment. In its previous comments, the Committee noted that the wage rates offered to unemployed persons for a job could be lower than the wages or remuneration they previously received. The Government indicates that, under paragraph 1, item 4 of the Supplementary Provisions of the Employment Promotion Act, during the first 12 months after a person registers as unemployed at the Labour Office, "suitable work” means work that matches the person’s education, qualifications, or professional experience, health condition, and is located within the same settlement or up to 50 km away with appropriate public or employer-provided transportation. According to the Government, the wage rate offered for a job is not a legally established criterion for assessing whether the work is suitable. The Government further indicates that, since the beginning of 2025, the registration of 635 unemployed persons has been terminated because they refused to accept suitable work, accounting for 1.77 per cent of all terminations due to failure to meet obligations.

The Committee once again recalls that, according to Article 10(1)(b) of Convention No. 44, claimants may be disqualified for the receipt of benefits or of an allowance for an appropriate period if they refuse an offer of suitable employment and that employment shall not be deemed to be “suitable”, among others, if the rate of wages offered is: (i) lower than those which unemployed persons might reasonably have expected to obtain, having regard to those which they habitually obtained in their usual occupation in the district where they were last ordinarily employed or would have obtained if they had continued to be so employed (where the employment offered is employment in the claimants’ usual occupation and in that district); or (ii) in all other cases, lower than the standard generally observed at the time in the occupation and district in which the employment is offered. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that wage rates are considered in the definition of “suitable work”, particularly in cases where unemployment benefits are terminated due to refusal to accept suitable work.

Part V (Old-age benefit), Article 26(2), in conjunction with Article 29(1), of Convention No. 102. Pensionable age. The Committee notes from the Government’s report that the insurance period for the entitlement to an old-age pension is expected to increase to up to 37 years for women and 40 years for men by 2027. Furthermore, the pensionable age is set to increase to 65 years for women by 2037 and for men by 2029. The Government also indicates that, in cases of an insufficient insurance period, the right to an old-age pension is granted after completing 15 years of insurance upon reaching 67 years of age.

The Committee recalls that, in accordance with Articles 26(2) and 29(1) of the Convention, an old-age pension at the rate guaranteed by the Convention shall be provided to persons protected at age 65 after completing 30 years of contribution or employment. The Committee further recalls that, under Article 26(2) of the Convention, the pensionable age may be fixed higher than 65 years by the competent authority with due regard to the working ability of elderly persons in the country concerned. The Committee further observes that in Bulgaria, persons with 15 to 30 years of insurance period are entitled to an old-age pension at age 67. The Committee therefore requests the Government to provide information on the working ability of older persons, including, for example, data on healthy life expectancy, disability-free life expectancy, and the employment rate among persons older than 65 years in Bulgaria.

Part VI (Employment injury benefit), Article 34, and Part VIII (Maternity benefit), Article 49of Convention No. 102. Cost-sharing. The Committee notes with regret the absence of information in the Government’s report concerning the cost-sharing rules. The Committee reiterates its requests to the Government to confirm that cost-sharing for medical care is not required for the contingencies of (i) employment injury and (ii) pregnancy, confinement, and their consequences, and to supply the corresponding legal provisions.

Article 37of Convention No. 102. Benefits in case of temporary incapacity for work. The Committee notes the Government’s indication that there is currently no coverage by benefits for temporary incapacity for work in respect of persons whose occupational diseases appear one month after the termination of their employment contract. The Government further indicates that, if an occupational disease occurred before the termination of the legal relationship, there is no restriction in Bulgarian social security legislation on the payment of benefits. The Committee requests the Government to indicate whether a worker is entitled to benefits for temporary incapacity due to an occupational disease contracted in a previous job if its symptoms appear while employed in a new job.

Part VII (Family benefit), Article 44 of Convention No. 102. Total value of family benefits. The Committee takes note of the information provided by the Government concerning the total value of family benefits.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102. The Committee notes the calculations of the benefits replacement rates provided by the Government. However, it observes that these calculations are based on a comparison of average benefit amounts and average insured income. The Committee recalls that replacement rates shall be determined by comparing the benefit amount provided to a standard beneficiary with the reference wage, in line with the requirements of Articles 65 or 66 of the Convention. The Committee therefore requests the Government to recalculate the replacement rates of old-age, employment injury, and survivors’ benefits, in accordance with Titles I-IV of the report form for Articles 65 or 66 of the Convention. Additionally, the Committee requests the Government to provide data on the adjustment of benefits in accordance with Title VI of the report form. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Part XII (Equality of treatment of non-national residents), Article 68, in conjunction with Article 1(1)(b), of Convention No. 102. The Government indicates that a permanent residence permit is provided to foreigners who have legally and continuously resided in Bulgaria for five years before applying for permanent residence status and have not been absent for more than 30 months during this period (section 25 of the Act on Foreigners). The Committee further observes that foreign workers can apply for a single permit for residence and work, which is issued for a three-year period or less if the employment duration is shorter (section 24i of the Act on Foreigners). The Committee requests the Government to indicate whether social insurance benefits provided under the Social Insurance Code cover foreigners holding a single permit for residence and work.

Part XIII (Common provisions), Article 69 of Convention No. 102. Suspension of benefits. The Committee takes note of the Government’s indication that, under section 46 of the Social Insurance Code, the suspension of benefits for temporary incapacity for work resulting from hooliganism or other anti-social acts is based on law enforcement procedures involving an established violation under the Administrative Offences and Penalties Act and a court ruling imposing a coercive administrative measure.

Article 71(3) of Convention No. 102. General responsibility of the State. The Committee takes note of the Government’s indication that the National Social Security Institute produces actuarial reports every three years, which contain forecasts and analyses of the long-term financial state and sustainability of the mandatory social security system.