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Labour Inspection Convention, 1947 (No. 81) - Bulgaria (RATIFICATION: 1949)

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The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report in 2018.
Articles 3(1)(a), (b) and 5(b) of the Convention. Provision of technical information and advice on occupational safety and health (OSH), and the control of the legal obligations of employers with regard to training and safety instructions. The Committee notes that according to the 2021 report of the General Labour Inspectorate Executive Agency (GLIEA), occupational accidents are declared and registered by the National Social Security Institute (NSSI), and the GLIEA participates in the investigation of only some of them, such as those resulting in the death of workers, those that can lead to disability and in the case of injuries caused to more than three workers. In order to establish the causes of accidents involving workers, labour inspectors carried out 665 investigations in 2021. According to the 2021 GLIEA report, there are two main causes of occupational accidents: (i) reasons related to the behaviour of the employer, such as the lack of instructions for the safe use of work equipment and negligence in conducting training and briefings on safety and health at work; (ii) reasons related to the behaviour and qualifications of the staff, such as violations of safety requirements during work by, for example, carrying out repair or maintenance activities on work equipment without first bringing the moving parts of the same to a complete standstill or disconnecting it from the power supply network. The 2021 GLIEA report also indicates that accidents due to falls on the floor due to poor maintenance of floor coverings, poor lighting of passageways, wet or icy surfaces are registered every year. The Committee notes the Government’s indication that, in addition to the annual reports of the GLIEA, information is regularly published on GLIEA’s website on the death cases due to accidents at work, including the causes of such accidents. In terms of information and advice provided, the Government indicates that employers and workers can be provided with advice onsite during inspection. The Government adds that reception centres are organized at the central level and in each of the directorates located in the administrative regional centres across the country, where anyone interested can obtain technical information on the application of labour legislation, including on matters concerning the provision of healthy and safe working conditions. The Committee further notes from the 2021 GLIEA report that in 84 per cent of the enterprises inspected in 2021, there were functioning safety and health authorities at work, which organize the implementation of activities related to the protection from occupational risks and prevention of these risks. Establishments found to lack a safety and health authority are most often those being inspected for the first time or operating on a seasonal basis. The Committee notes from the 2021 report of the GLIEA that the total number of OSH violations amounted to 97,487, which represents 51.9 per cent of all violations (187,712), a number comparable to that of 2020. The largest group of violations related to the organization and management of the activities to ensure healthy and safe working conditions (63,707 violations), in particular regarding the conduct and documentation of staff briefings and risk assessments. However, violations in the field of safety of work equipment and technological processes (21,572 violations) are the most common cause of accidents on the workplace. According to the 2021 report of the GLIEA, in large and medium enterprises the basic OSH requirements are observed to a greater extent than in micro and small enterprises and large enterprises have established policies for conducting training to increase the qualification of their staff. The Committee notes that the 2021 report of the GLIEA contains information on the number and type of measures with immediate executory force adopted by labour inspectors. Finally, the Committee notes that the statistics on occupational accidents and diseases are published by the NSSI on a yearly basis. The Committee requests the Government to continue to provide information on the most frequent causes of serious accidents and the preventive and enforcement activities undertaken by labour inspectors in this regard. It also requests the Government to continue to provide information on the measures taken to supply technical information and advice on OSH to employers and workers, especially in micro and small enterprises. 
Article 4. Placing labour inspection under the supervision and control of a central authority. In reply to the Committee’s previous comment, the Government indicates that the labour inspection policy provides for the exercise of integrated control for the protection of workers’ rights, and the introduction of a uniform application of the employment legislation in enterprises. The Committee also notes the information provided by the Government in reply to its previous request concerning an organizational chart of the labour inspection system. It also notes from the 2021 report of the GLIEA that the long-term priorities of the Agency are indicated in its Strategic Plan for the period 2018-21, which calls for an effective and efficient labour inspection system. The Committee notes that according to section 10 of the Labour Inspection Act, the permanent body for carrying out coordination, consultation and cooperation on matter concerning labour inspection is the National Council on Working Conditions. The Committee requests the Government to provide information on the composition and activities of this body.
Articles 5(a) and 9. Effective cooperation between the inspection services and other government services and public institutions; and the association of duly qualified experts in inspection work to ensure the enforcement of the legal provisions relating to the protection of workers’ safety and health. The Committee notes the Government’s indication that, with respect to occupational health services, the GLIEA cooperates with the Ministry of Health and, in cases of identified irregularities, it informs this Ministry and its subdivisions. According to the Health and Safety at Work Act, a representative of the Minister of Labour is a member of the Commission on the Registration of Occupational Services, along with representatives of the Ministry of Health and employers’ and workers’ organizations. The Government also indicates that, to achieve a more efficient control in the construction sector, the GLIEA cooperates, through information exchanges and joint inspections, with the Directorate for National Construction Control, which exercises control over the observance of the Territorial Planning Act and its implementing regulations. The Committee also notes that according to the 2021 report of the GLIEA, in order to increase the effectiveness and efficiency of inspection activities, in 2021 the Agency carried out 1,367 joint inspections with other state control bodies such as the Ministry of Internal Affairs, the Regional Health Inspectorates, the NSSI and the National Revenue Agency. Noting the Government’s indication that the recruitment of qualified staff, in particular engineers, represents a challenge, the Committee requests the Government to provide information on the measures taken to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection. It also requests the Government to continue to provide information on the co-operation between the inspection services and other Government services and public or private institutions engaged in similar activities.
Articles 6, 7(3) and 10. Statute and conditions of service of labour inspectors. Training. Sufficient number of labour inspectors. The Committee previously noted that the number of labour inspectors had remained relatively unchanged (395 in 2009 and 389 in 2015) and that in view of the difficulties to pay higher salaries, measures to retain inspectors included the provision of career prospects through promotion following competitive selection and the provision of training opportunities for inspectors. The Committee notes that according to the 2021 report of the GLIEA, the total number of personnel increased to 492 full-time employees, of which 477 civil servants with managerial and expert functions. The Government also indicates that, in view of the nature of the obligations requiring extensive knowledge, the recruitment of a sufficient number of qualified staff is difficult. The Government also indicates that the level of remuneration at GLIEA is generally lower than the one in the private sector and in other administrations. The GLIEA undertakes measures to offer incentives and motivate inspectors, by allocating additional rewards for achievements up to four times a year for its staff and increases the level of payment annually, based on the performance assessments. The Committee also notes the observations of CITUB indicating that the funds for the remuneration of labour inspectors increased in 2017. The CITUB indicates that labour inspectors work under high stress, especially in the investigation of heavy labour accidents and this should be compensated by a higher remuneration. The Committee requests the Government to continue to provide information on the number of labour inspectors and to indicate their salary scales and career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police. With reference to its comment under the Forced Labour Convention, 1930 (No. 29), the Committee requests the Government to provide information on the training delivered to officials of the GLIEA to strengthen their capacities to better identify victims of trafficking for forced labour and gather evidence for the prosecution of the perpetrators.
Article 12(2). Notification of the presence of inspectors unless such notification may be prejudicial to the performance of inspection duties. The Committee notes the Government’s indication that, according to section 26(1) of the Administrative Procedural Code, the procedural requirements for the issuance of an individual administrative act foresee that the controlling authorities (including labour inspectors) should inform the employer of the fact that a procedure is initiated. The Government also indicates that, at the end of 2012, an inspection procedure was developed and implemented at the GLIEA, which relate to legislative requirements and long-standing inspection practices of the Agency. It establishes that upon initiation of the inspection, the inspectors shall provide their identification card to the employer or his representative and announce the objectives of the inspection. The Government indicates that inspectors are given the opportunity to decide when to inform the employer. The Committee recalls that Article 12(2) of the Convention provides that labour inspectors shall have the right to decide not to inform the employer or their representatives of their presence on the occasion of an inspection visit when they consider that such a notification may be prejudicial to the performance of their duties. The Committee requests the Government to take the necessary measures in order to give effect to this provision of the Convention.
Article 18. Adequate penalties. The Government indicates that, at the end of 2020, an amendment of the Labour Code lowered the minimum and maximum amounts of sanctions provided in section 413(3) of the Labour Code in the event of a repeated violation related to the obligations to ensure health and safety at work. The Government indicates that this reduction ensures that these sanctions are comparable to the amount set for repeated violation in other provisions of the Labour Code. It also notes that, through this amendment, some other sanctions were increased, such as those which concern systemic violations on the use of undeclared labour, as well as for non-payment of wages or benefits. The Committee notes that according to the 2021 report of the GLIEA, 8,641 penalties for violations were handed down in 2021, for a total amount of 10,531,810 Bulgarian lev (BGN) (approximately US$5,200,000). The Committee requests the Government to indicate whether the revised amounts act as sufficient deterrent to ensure the effective application of the relevant legal provisions. The Committee also requests the Government to continue to provide detailed information on the number of violations of the legal provisions enforceable by labour inspectors and the amount of penalties imposed. 
Article 21. Content of annual inspection reports. The Committee notes that the annual reports of the GLIEA are available on the website of the Agency and that the 2021 GLIEA report was sent to the Office with the Government’s report. The Committee also notes that the GLIEA reports contain information on the number of inspectors, the number of inspection visits and statistics on violations and penalties imposed. The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on each of the matters dealt with in Article 21 of the Convention, in particular the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics on occupational accidents and diseases (Article 21(f) and (g)).

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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.

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Articles 3(1)(a), (b) and 5(b) of the Convention. Provision of technical information and advice on Occupational, Safety and Health (OSH), and the control of the legal obligations of employers with regard to training and safety instructions. In its previous comment, the Committee noted that violations in the area of OSH were most frequently related to poor organization and management in workplaces, including the lack of training and instructions given by employers to workers.
In this respect, the Committee notes the information in the Government’s report on control activities of the labour inspectorate relating to poor OSH management (according to the information provided by the Government, in 2014, 16 per cent of all OSH violations). In this context, the Committee also notes that according to the analysis of fatal accidents in the 2014 report of the General Labour Inspectorate Executive Agency (GLIEA), employers do not consistently control the behaviour of workers, and workers sometimes disrespect these rules to complete the work within a set deadline. The Committee requests the Government to continue to provide information on the most frequent causes of serious accidents and the preventive and enforcement activities undertaken to prevent them. Recalling that non-compliance may be due to a failure to understand the requirements in the area of OSH, the Committee requests the Government to indicate the measures taken to supply technical information and advice on OSH to employers so that they can in turn instruct and train the workers for which they are responsible.
Article 4. Placing labour inspection under the supervision and control of a central authority. The Committee notes that the Government has once again not supplied the information it requested in its previous comments under this Article. The Committee therefore once again requests the Government to provide detailed information on: (i) the labour inspection policy adopted; (ii) an organizational chart of the labour inspection system, specifying the functions entrusted to the central authority; and (iii) the activities of the National Labour Inspection Council (NLIC).
Articles 5(a) and 9. Effective cooperation between the inspection services and other government services and public institutions; and the association of duly qualified experts in inspection work to ensure the enforcement of the legal provisions relating to the protection of workers’ safety and health. The Committee notes that the Government has not provided the requested information on the cooperation between the labour inspection services with: (i) the state health control agency of the Ministry of Health responsible for the supervision of private safety and health services; and (ii) civil engineers and specialists with medical training. The Committee therefore once again requests the Government to provide information on the cooperation of the labour inspection services with the state health control agency and the association of specialists with medical training in inspection work.
Articles 6 and 10. Status and conditions of service of labour inspectors. In its previous comment, the Committee requested the Government to provide information on the functions assigned to the different categories of labour inspectors, the decrease in the number of labour inspectors, and the measures to retain experienced and skilled staff. The Committee notes that the Government indicates that all 389 labour inspectors (including department heads) currently working within the services of the GLIEA have the inspection and enforcement powers provided for in the Convention, that the number of labour inspectors has remained relatively unchanged since 2009 (395 in 2009 and 389 in 2015) and that in view of the difficulties to pay higher salaries, measures to retain inspectors include the provision of career prospects through promotion following competitive selection (in 2014, 48 inspectors have been reappointed to higher positions) and the provision of training opportunities for inspectors, including the possibility to obtain a Master degree in Safety and Health at Work. The Committee takes note of this information.
Article 12(2). Right of inspectors to enter workplaces without prior notice. The Committee notes the information provided by the Government on the effect given in national law to Article 12(1), but that it has not provided relevant information in relation to Article 12(2). The Committee therefore once again requests the Government to indicate how effect is given to Article 12(2) of the Convention, which provides that on the occasion of an inspection visit, inspectors shall notify the employer or his/her representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties.
Article 21. Content of annual inspection reports. The Committee notes the information in the annual labour inspection reports for 2012, 2013 and 2014 as communicated by the Government. The Committee notes that they contain information on the labour inspection staff (Article 21(b)), the statistics of inspection visits (Article 21(d)), violations and penalties imposed (Article 21(e)) and industrial accidents (Article 21(f)). The Committee welcomes the detailed information provided in these reports, but notes that they contain no statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), as well as no statistics of cases of occupational diseases (Article 21(g)). The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on each of the matters dealt with in Article 21(a)–(g) of the Convention.

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Article 3(1) and (2) of the Convention. Additional functions entrusted to labour inspectors. In its previous comment, the Committee noted that amendments to the law, including to the Employment Promotion Act, established the procedures through which migrant workers in an irregular situation could enforce their right to outstanding wages upon return to their usual country of residence. It also noted the legal provisions on penalties that applied in work without a valid employment permit, which are applicable to both employers and workers. The Committee requested information on the results of the activities carried out by the labour inspectorate concerning the employment of migrant workers in an irregular situation, the role of labour inspectors in assisting migrant workers in securing their rights arising from their past employment relationship (and a description of the relevant procedures), and the decisions ordering employers to pay unpaid wages and other benefits.
In this regard, the Committee notes that the Government indicates in its report that inspections were targeted at workplaces with a high incidence of migrant workers in an irregular situation, which were increasingly undertaken in joint operations with other control authorities, mostly the Ministry of the Interior and the State Agency for National Security. The Committee further notes the Government’s indication that in 2014, the labour inspectorate conducted 190 inspections relating to the employment of migrant workers, in the course of which 13 administrative penalties were imposed on migrant workers and two on employers for employing them without a valid work permit. The Government further indicates that, upon detecting migrant workers in an irregular situation with regard to their residence permit, labour inspectors informed these workers about their rights under the Employment Promotion Act. However, the Committee also notes that the Government has not provided information on cases in which migrant workers in an irregular situation have actually obtained their rights from their employment relationship.
In this regard, the Committee recalls its indications made in paragraph 78 of its 2006 General Survey on labour inspection that the primary function of labour inspection is to protect workers and not to enforce immigration law. It also would like to stress, that the association of the inspection staff in joint operations with authorities in charge of the national security, including the police, is not conducive to the relationship of trust that it is essential to enlisting the cooperation of employers and workers with the labour inspectorate, as workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as being fined, losing their job or being expulsed from the country. The Committee therefore considers that the participation of the labour inspection staff to such joint operations is incompatible with Article 3(2) of the Convention. Concerning the sanctioning of workers detected for working without a valid employment permit, the Committee recalled that it noted, also in paragraph 78 of the 2006 General Survey, that, with the exception of a few countries, only the employer is held accountable for illegal employment as such, with the workers involved in principle being seen as victims. The Committee requests the Government to take measures to ensure that any activities carried out by the labour inspectorate with regard to the legality of employment should have as its objective the protection of the rights of workers. In this regard, it also requests the Government to take the necessary measures to ensure that labour inspection staff is no longer involved in joint operations with authorities in charge of the national security.
The Committee also requests that the Government provide detailed information on cases in which migrant workers in an irregular situation have obtained the actual payment of wage arrears and other benefits due to them by virtue of their employment. The Committee also requests the Government to continue to provide statistical information on the violations detected by labour inspectors concerning work without a valid employment permit, the legal proceedings initiated, and the penalties imposed on employers and workers.
The Committee is raising other matters in a request addressed directly to the Government.

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Referring to its observation, the Committee would like to raise the following additional points.
Article 3(1)(b) of the Convention. Provision of technical information and advice. The Committee notes with interest that, according to the Government, rooms have been made available to the public in all the branches of the General Labour Inspectorate Executive Agency (GLIEA), where labour inspectors provide advice and guidance to employers, including small and medium-sized enterprises, and to workers on ways to guarantee healthy and safe working conditions. The Committee asks the Government to supply information, with accompanying statistics, on the impact of these information and advisory activities with respect to the application of the legislation on occupational safety and health (OSH).
Article 4. Placing labour inspection under the supervision and control of a central authority. The Committee notes that the Government has not supplied the information it requested on this point in its previous comments. Consequently, the Committee once again requests the Government to provide a copy of the labour inspection policy adopted by the Council of Ministers, by virtue of section 9(1) of the Labour Inspection Act, as well as an organizational chart of the labour inspection system, specifying the functions entrusted to the central authority. The Committee also once again asks the Government to provide details on the activities of the National Labour Inspection Council (NLIC) and their results, and to send an annual report on the activities of this body, if available.
Articles 5(a) and 9. Effective cooperation between the inspection services and other government services and public institutions. As regards approved private safety and health services, the Government states that their activities are defined under Ordinance No. 3 of 25 January 2008, issued by the Ministry of Health and the Ministry of Labour and Social Policy. In accordance with this Ordinance, the monitoring of these services is entrusted to the state health control agency, and focuses on recording and verifying the compliance of data and current documents, implementing outsourced activities linked to workers’ health, and documents recording the service’s main activities. The Committee requests the Government to supply information on the measures taken or envisaged to promote effective cooperation between the labour inspection services and the state health control agency to ensure that the approved agencies dispensing safety and health services ensure the application, in the enterprises that they cover, of the relevant legislation.
Recalling also that, in a previous report, the Government indicated that the labour inspectorate did not have enough civil engineers and specialists with medical training because of the considerable wage gap between the public administration and the private sector, the Committee would be grateful if the Government could send information on any measures taken or envisaged to ensure the collaboration of such experts or technicians with the labour inspection services, including by means of agreements with the relevant institutions.
Article 5(b). Collaboration between officials of the labour inspectorate and employers’ and workers’ organizations. The Committee notes that, according to the 2011 GLIEA report, the major violation in the field of OSH concerns the organization and management of activities to guarantee OSH, and that one of the main causes of the situation is the assignment of these activities to staff who have neither the necessary competencies or knowledge of OSH legislation and regulations. These infringements are related to the instructions and training that are required for staff and those responsible for safety (13,438 cases); to the lack of the necessary documents (5,124 cases); and risk assessment (7,040 cases). Noting that the second most frequently observed infringement in the area of OSH concerns the safety of working equipment and technologies, particularly electrical equipment and technologies, the Committee draws the Government’s attention to Paragraph 7 of the Labour Inspection Recommendation, 1947 (No. 81), concerning measures that might be taken to ensure that employers and workers are given instruction in matters of OSH. The Committee would be grateful if the Government would indicate the measures taken to ensure that employers and workers are instructed in the area of OSH. The Committee also requests the Government once again to provide a copy of Ordinance No. 3 of 25 January 2008 regulating the terms and conditions of OSH activities.
Articles 6 and 10. Status and conditions of service of labour inspectors. The Committee notes that, according to the Government, there are 384 labour inspectors, of whom 201 are chief inspectors. There are also 83 senior inspectors; 36 inspectors; a principal legal adviser; 26 senior legal advisers; 16 legal advisers; four young experts; 15 senior experts; and two state inspectors. The Committee recalls that, in its previous comments, it noted that, according to the Government, the general labour inspectorate consisted of 463 employees “with assigned powers of labour inspectors” and that, during the period from January to September 2009, 49 officials of the GLIEA’s staff, including 20 labour inspectors, had resigned, mainly because of the low level of salaries, the heavy workload and stress. The Committee would be grateful if the Government would: (a) indicate the grounds for this significant reduction in the number of labour inspectors; and (b) specify which officials, among the abovementioned categories of inspectors, carry out inspection visits in the workplaces liable to inspection under the Convention. Drawing the Government’s attention to paragraphs 209, 214 et seq. of its 2006 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or envisaged to retain skilled and experienced staff and to guarantee them the independence required in the exercise of their inspection duties (improvement of career prospects and salary scale compared to other comparable categories of public officials).
Article 12(2). Right of inspectors to enter workplaces without prior notice. The Committee notes that the Government did not enclose, contrary to indications in its report, an extract from the “Guidelines for planning, implementing and reporting the activities of the GLIEA”, in the section entitled “Inspection – Stages and procedures” (page 41), which, according to the Government, gives effect to this provision of the Convention. The Committee requests the Government to ensure that this text is attached to the Government’s next report.
Article 21. Content of the annual activities report. Referring to its 2010 general observation on the importance of the annual labour inspection report, the Committee draws the Government’s attention to the guidance contained in Paragraph 9 of Recommendation No. 81, on the way in which the information contained in this report should be presented and disaggregated. The Committee requests the Government to take the necessary steps to ensure that the annual inspection reports are drafted and published in such a way as to give an overview of the functioning of the labour inspection system. The Committee would be grateful if the Government would also ensure that these reports contain information on each of the matters dealt with in Article 21(a)–(g) of the Convention.

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Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the Government’s indications that amendments to the legislation were made in 2011 to guarantee the working rights of foreign workers employed in an irregular situation. These amendments specifically provide that, when such cases are identified by the inspection authorities, the employer owes the worker the wage agreed upon, but not less than the minimum wage established for the country or for the economic activity concerned for a three-month period, unless the employer or employee can prove another duration of employment. The payment is due once the foreigner has returned to his/her usual country of residence, and includes the cost of transferring this payment (section 73(3) of the Employment Promotion Act (EPA)). If the employer fails to pay the benefits due, the foreign worker may take legal action against him or her within the time limit prescribed under the Contracts and Obligations Act and the Code of Civil Procedure. Foreigners who are employed illegally may themselves, or through a person authorized by them, report the violations committed by their employer (section 78(b) of the EPA) to the General Labour Inspectorate Executive Agency (GLIEA). In order to prevent and put an end to labour legislation infringements involving foreign workers and to address the negative consequences of these infringements, the supervisory authorities exercise powers provided for under the EPA (Chapter 9).
Following the amendments to the legislation, the amount of the fines and penalties imposed in the event of illegal employment are stipulated under section 48 of the Foreigners Act. Under this Act, a fine of 500–5,000 Bulgarian levs (BGN) is imposed on foreigners working without a work permit or who are not registered with the Employment Agency, on foreigners appointed in the country to provide services without a work permit and who are not registered with the said Agency, as well as on persons who accept foreigners to work without authorization or who fail to register them with the competent body. Fines ranging from BGN2,000 to BGN20,000 may be imposed on legal entities/employers who recruit foreigners with a labour contract, but without a work permit or registering them with the Employment Agency. When these offences are repeated, legal entities may be fined from BGN4,000 to BGN40,000. The efficiency and effectiveness of the supervisory activities are considerably enhanced by the cooperation between the following bodies: the GLIEA; the Employment Agency; the Migration Directorate under the Ministry of the Interior; the National Revenue Agency; and other institutions involved with inspections to ensure respect of the labour legislation for employing foreigners in Bulgarian enterprises. The Committee would be grateful if the Government would provide specific information on the means and mechanisms provided for under the legislation to ensure that foreign workers in an irregular situation might assert their rights to which they are entitled by virtue of the amendments made to the legislation in 2011, and particularly the Employment Act. The Committee particularly asks the Government to specify whether the labour inspectors inform these workers of the rights to which they are entitled, and provide them with information on the way in which they might obtain these rights; it is also asked to describe briefly the procedure (including its duration) instigated when such cases are identified by the labour inspectorate, which allows foreign workers in an irregular situation liable to expulsion from the country to obtain actual payment of wage arrears and other benefits due to them by virtue of their employment.
The Committee also asks the Government once again to provide data on the results of the activities carried out by the labour inspectorate in the area of controlling the illegal employment of foreign workers (including information on the detected violations and the illegal provisions concerned, the number of legal proceedings initiated, the number of penalties imposed and the number of decisions ordering employers to settle unpaid debts and other benefits).
The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
International and regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided on cooperation, regional coordination and exchange of knowledge and best practice with Labour Inspectorates from other EU member states including via the knowledge sharing site of the Senior Labour Inspectors’ Committee (SLIC). The Committee also notes the creation of the Regional Alliance of Labour Inspectors in South Eastern Europe, Azerbaijan and Ukraine (RALI), in 2008 at the initiative of the Bulgarian Government with the partnership of the ILO and the International Association of Labour Inspectors (IALI). It finally notes that in the framework of a meeting on “Tackling Undeclared Work in Europe” which took place on 30 September 2010, a trilateral agreement was signed between Bulgaria, Greece and Romania. The Committee would be grateful if the Government would send a copy of the trilateral agreement and keep the ILO informed on the activities carried out by the labour inspectorate within this framework, as well as in the framework of the RALI, as well as any impact these activities may have on the application of the Convention.
Articles 4 and 5. Placing labour inspection under the supervision and control of a central authority; cooperation and collaboration between the inspection services and other government services and employers’ and workers’ organizations. The Committee notes that according to section 9(1) of the Labour Inspection Act, labour inspection policy is determined and implemented by the Council of Ministers on the basis of proposals submitted annually by the Minister of Labour and Social Policy. The Committee further notes that section 10(1) of the Labour Inspection Act establishes a National Labour Inspection Council (NLIC) as a permanent organ for coordination, consultation and cooperation in labour inspection. The NLIC is composed of the heads of several agencies responsible for various types of inspection, including the Ministry of Defence, as well as representatives of employers’ and workers’ organizations. According to section 11(1) of the Labour Inspection Act, the NLIC discusses the draft labour inspection policy as well as the trends and problems concerning labour inspection activities, proposes measures to improve them and takes decisions on the implementation of current thematic investigations. The Committee requests the Government to provide a copy of the labour inspection policy adopted by the Council of Ministers. It would also be grateful if the Government would provide an organization chart of the labour inspection system and specify the functions entrusted to the central authority. Further, the Committee requests the Government to provide details on the activities of the NLIC and their results, and send to the ILO an annual report on the activities of this body, if available.
The Committee also notes the Government’s reference to the cooperation agreement concluded between the General Labour Inspectorate Executive Agency (GLIEA), the Confederation of the Independent Trade Unions in Bulgaria (CITUB) and the Confederation of Labour Podkrepa (Podkrepa CL) in 2009. It requests the Government to send a copy of the agreement and to supply information on its implementation and its impact from the point of view of the objectives of the Convention.
The Committee also draws the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on collaboration between employers and workers in the area of occupational safety and health, and requests the Government to provide information on any arrangements, such as safety committees of similar bodies, and their functioning.
Articles 5(a) and 9. Cooperation between the inspection services and authorized institutions. The Committee notes from the activity reports of the GLIEA for 2008 and 2009 that the labour inspectorate continues to detect deficiencies in the coverage and functioning of occupational safety and health (OSH) services provided by private enterprises, according to section 25(3) of the Law on Health and Safety at Work. Eighty-nine per cent of enterprises inspected in 2009 had concluded contracts with external OSH services among which only very few were not authorized pursuant to the requirements in Ordinance No. 3 of 2008 governing the rules and procedures of the activities of Occupational Health Services.
The Committee notes however the Government’s indication that it is unattractive to the OHS services to serve micro and small enterprises located in remote districts, as service charges are connected with the number of staff members. Furthermore, the Government also indicates, that even though in most cases the quality work by the OHS facilitates the work of the labour inspectors, some OHS do not fulfil their duties in accordance with the regulations and do not give the necessary advice and assistance to employers so as to help them introduce and implement in practice the legal requirements for ensuring health and safety at work. Some OHS services only formalize the information provided by the company on the organization of work concerning OSH thus making significant mistakes and omissions. In such cases, the OHS services are confined to the preparation of a risk assessment which is often inaccurate and vague, without the participation of bodies responsible to safety and health at the enterprise.
The Committee finally notes that in its previous report, the Government indicated that there is an insufficient number of civil engineers and specialists with medical education in the labour inspectorate, the reason being the large remuneration gap between the public administration and the private sector.
The Committee requests the Government to provide a copy of Ordinance No. 3 of 2008 and to specify the procedure for granting authorization to OHS and the manner in which the labour inspectorate supervises their operation in practice. Also the Committee would be grateful if the Government would indicate any measures taken or envisaged in order to ensure that technical information and advice is provided to small and medium-sized enterprises (SMEs) on occupational safety and health issues, as provided for by Article 3(2) of the Convention.
Articles 6 and 10. Number, status and conditions of service of labour inspectors. The Committee notes that according to the Government, the General Labour Inspectorate consists of 463 employees “with assigned powers of labour inspectors” who are “appointed and dismissed” from the public service under the Civil Servants’ Act. It further notes from the information provided in the activity report of the GLIEA that, during the period from January to December 2009, 49 officials of the GLIEA’s staff resigned, including 20 labour inspectors or lawyers (who were subsequently replaced by new recruits). It also notes the Government’s statement that the main reason for leaving the GLIEA, were the low level of salaries, as well as the huge workload, responsibility and stress. Being aware of the financial difficulties, which Governments have to face in times of economic crisis, the Committee nonetheless emphasizes that under Article 6 of the Convention, the status and conditions of service of labour inspectors should be such as to ensure stability of employment and independence from any improper external influence. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the conditions of service of inspectors are such that they are assured of stability of employment and independence from any improper external influence, especially through appropriate wage levels and career prospects. It also requests the Government to specify the procedure and criteria of recruitment of labour inspectors (including the assessment of the required competence and qualification of candidates) as well as the conditions under which labour inspectors can be dismissed under the Civil Servants’ Act.
The Committee would be grateful if the Government would provide, in its next report, further information on the total number of labour inspectors employed, as well as their categories (Article 10) and provide for the inclusion of such information in the annual activity reports of the GLIEA (Article 21 (b) of the Convention).
Article 12(2) of the Convention. Right of inspectors to enter without previous notice any workplace liable to inspection. The Committee notes that in response to comments by the Committee since 2002, the Government refers in its previous report (for the period ending 31 May 2008), to the internal administrative document of the GLIEA, entitled “Guidance for Planning, Implementing and Reporting the Activity of GLIEA” which, according to the Government, gives effect to the requirements of Article 12(2) of the Convention. The Committee asks the Government to communicate a copy of the abovementioned “Guidance for Planning, Implementing and Reporting of the Activity of GLIEA or any other text giving effect to this Article of the Convention.
Articles 20 and 21 of the Convention. Content of the annual reports. While the Committee acknowledges the great level of detail contained in the annual activity reports of the GLIEA, the Committee would be grateful if the Government would ensure that the central inspection authority publishes and communicates to the ILO an annual inspection report containing all the information available on the subjects listed in Article 21, including separate information on:
  • – the staff of the labour inspection services (including the number and geographical distribution of inspectors by gender and by category) (Article 21(b));
  • – statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons) (Article 21(c)); and
  • – statistics of cases of occupational disease (number and cases by industry and occupation) (Article 21(g)).

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Articles 3(2) and 16 of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that the number of inspections carried out in 2009 was according to the Government more than double the inspections carried out the previous year and the number of violations found was 26 per cent higher, as a result of the increase in the number of inspections. The Government attributes this increase to significant improvements in the organization, preparation, execution and reporting of the inspections as well as the reduction of the duration of a single inspection. The Government also reports that the labour inspectorate has at its disposal facilities in 30 locations and 143 motor vehicles of which 38 are off-road vehicles. Each labour inspector has an average workload of 588 enterprises and 7,250 “insured persons” and is provided with a notebook, mobile internet and mobile phone with limited calls covered by the budget of the General Labour Inspectorate Executive Agency (GLIEA).
The Committee notes from the Annual Report of the GLIEA that in 2009, emphasis was placed on ensuring wage payment in the context of the economic crisis and that consequently, delayed payments of wages and other remuneration were settled in the order of 39 million Bulgarian levs (BGN).
The Committee also notes however from the Government’s report that the control on the compliance with the provisions of the Employment Promotion Act was also aimed at the lawful employment of foreigners. According to the 2009 activity report of the GLIEA, this control appears to take place on certain occasions with the involvement of representatives of the Ministry of the Interior following alerts that foreign citizens perform work without a permit. The Committee also notes that article 7(2) and (3) of the Labour Inspection Act sets out certain conditions under which joint investigations can be carried out with other agencies.
The Committee would be grateful if the Government would provide details on the nature and scope of the activities carried out by the labour inspectorate in the area of controlling undeclared work and in particular the employment of irregular foreign workers, including information on the detected violations and the legal provisions concerned as well as the legal proceedings initiated, remedies applied and sanctions imposed. It requests the Government to specify the impact of the activities of the labour inspectorate focused on undeclared work in relation to the enforcement of provisions on conditions of work and the protection of workers, including undeclared workers.
In particular, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and asks the Government to provide information on the number of cases where workers found to be in an irregular situation have been granted their due rights.
The Committee also requests the Government to describe the method and nature of the joint investigations carried out by the labour inspectorate with other agencies including the Ministry of the Interior.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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International and regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided on cooperation, regional coordination and exchange of knowledge and best practice with Labour Inspectorates from other EU member states including via the knowledge sharing site of the Senior Labour Inspectors’ Committee (SLIC). The Committee also notes the creation of the Regional Alliance of Labour Inspectors in South Eastern Europe, Azerbaijan and Ukraine (RALI), in 2008 at the initiative of the Bulgarian Government with the partnership of the ILO and the International Association of Labour Inspectors (IALI). It finally notes that in the framework of a meeting on “Tackling Undeclared Work in Europe” which took place on 30 September 2010, a trilateral agreement was signed between Bulgaria, Greece and Romania. The Committee would be grateful if the Government would send a copy of the trilateral agreement and keep the ILO informed on the activities carried out by the labour inspectorate within this framework, as well as in the framework of the RALI, as well as any impact these activities may have on the application of the Convention.
Articles 4 and 5. Placing labour inspection under the supervision and control of a central authority; cooperation and collaboration between the inspection services and other government services and employers’ and workers’ organizations. The Committee notes that according to section 9(1) of the Labour Inspection Act, labour inspection policy is determined and implemented by the Council of Ministers on the basis of proposals submitted annually by the Minister of Labour and Social Policy. The Committee further notes that section 10(1) of the Labour Inspection Act establishes a National Labour Inspection Council (NLIC) as a permanent organ for coordination, consultation and cooperation in labour inspection. The NLIC is composed of the heads of several agencies responsible for various types of inspection, including the Ministry of Defence, as well as representatives of employers’ and workers’ organizations. According to section 11(1) of the Labour Inspection Act, the NLIC discusses the draft labour inspection policy as well as the trends and problems concerning labour inspection activities, proposes measures to improve them and takes decisions on the implementation of current thematic investigations. The Committee requests the Government to provide a copy of the labour inspection policy adopted by the Council of Ministers. It would also be grateful if the Government would provide an organization chart of the labour inspection system and specify the functions entrusted to the central authority. Further, the Committee requests the Government to provide details on the activities of the NLIC and their results, and send to the ILO an annual report on the activities of this body, if available.
The Committee also notes the Government’s reference to the cooperation agreement concluded between the General Labour Inspectorate Executive Agency (GLIEA), the Confederation of the Independent Trade Unions in Bulgaria (CITUB) and the Confederation of Labour Podkrepa (Podkrepa CL) in 2009. It requests the Government to send a copy of the agreement and to supply information on its implementation and its impact from the point of view of the objectives of the Convention.
The Committee also draws the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on collaboration between employers and workers in the area of occupational safety and health, and requests the Government to provide information on any arrangements, such as safety committees of similar bodies, and their functioning.
Articles 5(a) and 9. Cooperation between the inspection services and authorized institutions. The Committee notes from the activity reports of the GLIEA for 2008 and 2009 that the labour inspectorate continues to detect deficiencies in the coverage and functioning of occupational safety and health (OSH) services provided by private enterprises, according to section 25(3) of the Law on Health and Safety at Work. Eighty-nine per cent of enterprises inspected in 2009 had concluded contracts with external OSH services among which only very few were not authorized pursuant to the requirements in Ordinance No. 3 of 2008 governing the rules and procedures of the activities of Occupational Health Services.
The Committee notes however the Government’s indication that it is unattractive to the OHS services to serve micro and small enterprises located in remote districts, as service charges are connected with the number of staff members. Furthermore, the Government also indicates, that even though in most cases the quality work by the OHS facilitates the work of the labour inspectors, some OHS do not fulfil their duties in accordance with the regulations and do not give the necessary advice and assistance to employers so as to help them introduce and implement in practice the legal requirements for ensuring health and safety at work. Some OHS services only formalize the information provided by the company on the organization of work concerning OSH thus making significant mistakes and omissions. In such cases, the OHS services are confined to the preparation of a risk assessment which is often inaccurate and vague, without the participation of bodies responsible to safety and health at the enterprise.
The Committee finally notes that in its previous report, the Government indicated that there is an insufficient number of civil engineers and specialists with medical education in the labour inspectorate, the reason being the large remuneration gap between the public administration and the private sector.
The Committee requests the Government to provide a copy of Ordinance No. 3 of 2008 and to specify the procedure for granting authorization to OHS and the manner in which the labour inspectorate supervises their operation in practice. Also the Committee would be grateful if the Government would indicate any measures taken or envisaged in order to ensure that technical information and advice is provided to small and medium-sized enterprises (SMEs) on occupational safety and health issues, as provided for by Article 3(2) of the Convention.
Articles 6 and 10. Number, status and conditions of service of labour inspectors. The Committee notes that according to the Government, the General Labour Inspectorate consists of 463 employees “with assigned powers of labour inspectors” who are “appointed and dismissed” from the public service under the Civil Servants’ Act. It further notes from the information provided in the activity report of the GLIEA that, during the period from January to December 2009, 49 officials of the GLIEA’s staff resigned, including 20 labour inspectors or lawyers (who were subsequently replaced by new recruits). It also notes the Government’s statement that the main reason for leaving the GLIEA, were the low level of salaries, as well as the huge workload, responsibility and stress. Being aware of the financial difficulties, which Governments have to face in times of economic crisis, the Committee nonetheless emphasizes that under Article 6 of the Convention, the status and conditions of service of labour inspectors should be such as to ensure stability of employment and independence from any improper external influence. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the conditions of service of inspectors are such that they are assured of stability of employment and independence from any improper external influence, especially through appropriate wage levels and career prospects. It also requests the Government to specify the procedure and criteria of recruitment of labour inspectors (including the assessment of the required competence and qualification of candidates) as well as the conditions under which labour inspectors can be dismissed under the Civil Servants’ Act.
The Committee would be grateful if the Government would provide, in its next report, further information on the total number of labour inspectors employed, as well as their categories (Article 10) and provide for the inclusion of such information in the annual activity reports of the GLIEA (Article 21 (b) of the Convention).
Article 12(2) of the Convention. Right of inspectors to enter without previous notice any workplace liable to inspection. The Committee notes that in response to comments by the Committee since 2002, the Government refers in its previous report (for the period ending 31 May 2008), to the internal administrative document of the GLIEA, entitled “Guidance for Planning, Implementing and Reporting the Activity of GLIEA” which, according to the Government, gives effect to the requirements of Article 12(2) of the Convention. The Committee asks the Government to communicate a copy of the abovementioned “Guidance for Planning, Implementing and Reporting of the Activity of GLIEA or any other text giving effect to this Article of the Convention.
Articles 20 and 21 of the Convention. Content of the annual reports. While the Committee acknowledges the great level of detail contained in the annual activity reports of the GLIEA, the Committee would be grateful if the Government would ensure that the central inspection authority publishes and communicates to the ILO an annual inspection report containing all the information available on the subjects listed in Article 21, including separate information on :
  • – the staff of the labour inspection services (including the number and geographical distribution of inspectors by gender and by category) (Article 21 (b));
  • – statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons) (Article 21 (c)); and
  • – statistics of cases of occupational disease (number and cases by industry and occupation) (Article 21(g)).

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Articles 3(2) and 16 of the Convention. Additional functions entrusted to labour inspectors. The Committee notes that the number of inspections carried out in 2009 was according to the Government more than double the inspections carried out the previous year and the number of violations found was 26 per cent higher, as a result of the increase in the number of inspections. The Government attributes this increase to significant improvements in the organization, preparation, execution and reporting of the inspections as well as the reduction of the duration of a single inspection. The Government also reports that the labour inspectorate has at its disposal facilities in 30 locations and 143 motor vehicles of which 38 are off-road vehicles. Each labour inspector has an average workload of 588 enterprises and 7,250 “insured persons” and is provided with a notebook, mobile internet and mobile phone with limited calls covered by the budget of the General Labour Inspectorate Executive Agency (GLIEA).
The Committee notes with interest from the Annual Report of the GLIEA that in 2009, emphasis was placed on ensuring wage payment in the context of the economic crisis and that consequently, delayed payments of wages and other remuneration were settled in the order of 39 million Bulgarian levs (BGN).
The Committee also notes however from the Government’s report that the control on the compliance with the provisions of the Employment Promotion Act was also aimed at the lawful employment of foreigners. According to the 2009 activity report of the GLIEA, this control appears to take place on certain occasions with the involvement of representatives of the Ministry of the Interior following alerts that foreign citizens perform work without a permit. The Committee also notes that article 7(2) and (3) of the Labour Inspection Act sets out certain conditions under which joint investigations can be carried out with other agencies.
The Committee would be grateful if the Government would provide details on the nature and scope of the activities carried out by the labour inspectorate in the area of controlling undeclared work and in particular the employment of irregular foreign workers, including information on the detected violations and the legal provisions concerned as well as the legal proceedings initiated, remedies applied and sanctions imposed. It requests the Government to specify the impact of the activities of the labour inspectorate focused on undeclared work in relation to the enforcement of provisions on conditions of work and the protection of workers, including undeclared workers.
In particular, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the enforcement of the employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country; and asks the Government to provide information on the number of cases where workers found to be in an irregular situation have been granted their due rights.
The Committee also requests the Government to describe the method and nature of the joint investigations carried out by the labour inspectorate with other agencies including the Ministry of the Interior.

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The Committee notes the information supplied by the Government on 25 September 2008 in response to its previous comments and the activity report of the General Labour Inspectorate Executive Agency for 2006. It also notes that, according to the Government, a draft law on labour inspection was submitted to the National Assembly for discussion. The Committee will examine the information supplied in 2008 together with the text of the new law at its next session.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Also referring to its observation on the efforts made by the Government to improve the labour inspection system, the Committee notes that the restructuring of the General Labour Inspectorate is continuing. The Occupational Safety and Health Directorate has been established and further training on integrated inspection has been provided. The Committee would be grateful if the Government would provide updated information in its next report on the measures that are being taken as a result of ILO project BUL/98/Mo3/FRG, as well as the impact of the tripartite cooperation agreement on the work of the labour inspection services.

The Committee notes from the annual labour inspection report for 2003 that some problems persist, such as the shortage of labour inspection staff compared to the burden entrusted to them, the inadequacy of the implementation of certain legal provisions in certain areas and industrial activities and difficulties arising out of the current structural and legal changes. It therefore asks the Government to supply additional information on the following points.

Article 3, paragraph 2, of the Convention (Additional functions and duties). The Committee notes that, in addition to tasks directly relating to working conditions and the protection of workers, labour inspectors have to supervise procedures relating to cases of mass dismissal, the application of the Employment Promotion Act, the use of funds granted under employment programmes, compliance with the law on job placement services and the employment of young workers. In addition, supervision of the registration of employment contracts, previously performed by the National Insurance Institute, has been transferred to the labour inspectorates, which are also in charge of issuing authorizations and permits and registering collective agreements.

The Committee observes that the primary duties of the labour inspection services have also been expanded under the new legislation, in particular in the area of occupational safety and health (supervision of the employer’s obligation to assess and eliminate risks and to harmonize working conditions with safety standards). Much of the information provided in this regard in the annual report highlight the lack of adequate managerial expertise and awareness of labour law and OSH legislation among employers, particularly in SMEs. In addition, despite the significant technical and technological renewal in many economic sectors, outdated machinery and installations are still used in some production activities, which is harmful and hazardous for workers. Referring to the Government’s report on the application of Conventions Nos. 138 and 182, the Committee also notes that inspectors are entrusted with supervision of the employment of young persons who have not yet reached the age of admission to employment.

Moreover, it is emphasized in the annual labour inspection report that inspectors spend too much of their time verifying documents relating to labour relations issues. Emphasis is also placed on the need for additional: (i) qualified staff in the various legal areas; (ii) technical training; and (iii) financial resources to improve to performance of primary labour inspection duties.

The Committee recalls that, pursuant to Article 3, paragraph 2, additional duties entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way their authority. The Committee would be grateful if the Government would continue to provide information on the measures taken or envisaged with a view to meeting the requirements of this provision of the Convention, taking also into account those of Articles 9, 10 and 16.

Noting also the regional ILO project PROTECT-CEE, which commenced in April 2004 to improve the capacities of national institutions and organizations to apply Convention No. 182, the Committee recalls the recommendations made in its 1999 general observation. It asks the Government to provide information on the role of the labour inspection services within this project and on the results attained. Moreover, it requests the Government to indicate the reasons for the increase in the number of authorizations issued by the inspection services in 2003 for the employment of young persons, as reported in the annual report.

With regard to the measures taken within the project to strengthen the administrative capacity of the EAGLI, the Committee requests the Government to keep the ILO informed of the project’s impact on the Bulgarian labour inspection system.

Article 12 of the Convention (Right of the inspectors to enter freely and without previous notice any workplace liable to inspection). Noting that under paragraph 2 of this Article, inspectors have to inform the employer or her/his representative of their presence on the occasion of an inspection visit, unless they consider that such notification may be prejudicial to the effectiveness of the inspection, the Committee asks the Government to indicate whether full effect is given to this provision. If no relevant measure has yet been taken, the Government is asked to ensure that the law and practice is modified in this respect and to provide information on this subject.

Article 15(c) (Obligation of confidentiality). According to the information provided, the authority of labour inspectors would appear to be undermined by the fact that employees are not obliged to present identification papers and other personal documents on request. The Committee emphasizes that it is necessary for labour inspectors to be able to guarantee, within the limits provided for by law, the confidentiality of the identity of the author of any complaint, as provided for in Article 15(c). For the same purpose, under Article 12, paragraph 1(c)(i), labour inspectors should be entrusted with broad powers to conduct investigations with both employers and workers. In this regard, the Committee emphasizes the need to invest them with the right to interrogate the employer, her or his representative and workers, within the limits of their powers, alone or in the presence of witnesses. The above provisions are intended to promote the climate of confidence that is necessary in the relations between labour inspectors and their clients. The Convention does not provide for the right of an inspector to require workers to produce their identity documents. Nevertheless, in some cases, subject to exceptions made by national laws or regulations, as provided by the preliminary provision of Article 15, the identity of the persons interrogated by inspectors has to be ascertained so that the necessary measures can be taken.

Articles 13, 17 and 18 (Warnings and legal proceedings; adequate sanctions). The Committee notes the statement in the annual report that violations of the labour legislation may be penalized by severe sanctions. However, it is considered that the supervision of the application of legal provisions relating to health is considered not to be strict enough in certain regional labour inspectorates. The Committee asks the Government to take appropriate measures to ensure that the labour inspection services perform their duties relating to conditions of work and the protection of workers in the same way throughout the country.

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Also referring to its observation on the efforts made by the Government to improve the labour inspection system, the Committee notes that the restructing of the General Labour Inspectorate is continuing. The Occupational Safety and Health Directorate has been established and further training on integrated inspection has been provided. The Committee would be grateful if the Government would provide updated information in its next report on the measures that are being taken as a result of ILO project BUL/98/Mo3/FRG, as well as the impact of the tripartite cooperation agreement on the work of the labour inspection services.

The Committee notes from the annual labour inspection report for 2003 that some problems persist, such as the shortage of labour inspection staff compared to the burden entrusted to them, the inadequacy of the implementation of certain legal provisions in certain areas and industrial activities and difficulties arising out of the current structural and legal changes. It therefore asks the Government to supply additional information on the following points.

Article 3, paragraph 2, of the Convention (Additional functions and duties). The Committee notes that, in addition to tasks directly relating to working conditions and the protection of workers, labour inspectors have to supervise procedures relating to cases of mass dismissal, the application of the Employment Promotion Act, the use of funds granted under employment programmes, compliance with the law on job placement services and the employment of young workers. In addition, supervision  of the registration of employment contracts, previously performed by the National Insurance Institute, has been transferred to the labour inspectorates, which are also in charge of issuing authorizations and permits and registering collective agreements.

The Committee observes that the primary duties of the labour inspection services have also been expanded under the new legislation, in particular in the area of occupational safety and health (supervision of the employer’s obligation to assess and eliminate risks and to harmonize working conditions with safety standards). Much of the information provided in this regard in the annual report highlight the lack of adequate managerial expertise and awareness of labour law and OSH legislation among employers, particularly in SMEs. In addition, despite the significant technical and technological renewal in many economic sectors, outdated machinery and installations are still used in some production activities, which is harmful and hazardous for workers. Referring to the Government’s report on the application of Conventions Nos. 138 and 182, the Committee also notes that inspectors are entrusted with supervision of the employment of young persons who have not yet reached the age of admission to employment.

Moreover, it is emphasized in the annual labour inspection report that inspectors spend too much of their time verifying documents relating to labour relations issues. Emphasis is also placed on the need for additional: (i) qualified staff in the various legal areas; (ii) technical training; and (iii) financial resources to improve to performance of primary labour inspection duties.

The Committee recalls that, pursuant to Article 3, paragraph 2, additional duties entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way their authority. The Committee would be grateful if the Government would continue to provide information on the measures taken or envisaged with a view to meeting the requirements of this provision of the Convention, taking also into account those of Articles 9, 10 and 16.

Noting also the regional ILO project PROTECT-CEE, which commenced in April 2004 to improve the capacities of national institutions and organizations to apply Convention No. 182, the Committee recalls the recommendations made in its 1999 general observation. It asks the Government to provide information on the role of the labour inspection services within this project and on the results attained. Moreover, it requests the Government to indicate the reasons for the increase in the number of authorizations issued by the inspection services in 2003 for the employment of young persons, as reported in the annual report.

With regard to the measures taken within the project to strengthen the administrative capacity of the EAGLI, the Committee requests the Government to keep the ILO informed of the project’s impact on the Bulgarian labour inspection system.

Article 12 of the Convention (Right of the inspectors to enter freely and without previous notice any workplace liable to inspection). Noting that under paragraph 2 of this Article, inspectors have to inform the employer or her/his representative of their presence on the occasion of an inspection visit, unless they consider that such notification may be prejudicial to the effectiveness of the inspection, the Committee asks the Government to indicate whether full effect is given to this provision. If no relevant measure has yet been taken, the Government is asked to ensure that the law and practice is modified in this respect and to provide information on this subject.

Article 15(c) (Obligation of confidentiality). According to the information provided, the authority of labour inspectors would appear to be undermined by the fact that employees are not obliged to present identification papers and other personal documents on request. The Committee emphasizes that it is necessary for labour inspectors to be able to guarantee, within the limits provided for by law, the confidentiality of the identity of the author of any complaint, as provided for in Article 15(c). For the same purpose, under Article 12, paragraph 1(c)(i), labour inspectors should be entrusted with broad powers to conduct investigations with both employers and workers. In this regard, the Committee emphasizes the need to invest them with the right to interrogate the employer, her or his representative and workers, within the limits of their powers, alone or in the presence of witnesses. The above provisions are intended to promote the climate of confidence that is necessary in the relations between labour inspectors and their clients. The Convention does not provide for the right of an inspector to require workers to produce their identity documents. Nevertheless, in some cases, subject to exceptions made by national laws or regulations, as provided by the preliminary provision of Article 15, the identity of the persons interrogated by inspectors has to be ascertained so that the necessary measures can be taken.

Articles 13, 17 and 18 (Warnings and legal proceedings; adequate sanctions). The Committee notes the statement in the annual report that violations of the labour legislation may be penalized by severe sanctions. However, it is considered that the supervision of the application of legal provisions relating to health is considered not to be strict enough in certain regional labour inspectorates. The Committee asks the Government to take appropriate measures to ensure that the labour inspection services perform their duties relating to conditions of work and the protection of workers in the same way throughout the country.

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1. Information on labour inspection and the evaluation and improvement of its functioning. The Committee notes with satisfaction the detailed and full report provided by the Government and the annual report on labour inspection for 2003, which includes an evaluation of the effectiveness of the labour inspection system as information on the difficulties encountered. The Committee notes with interest the further information provided on the implementation of ILO project BUL/98/Mo3/FRG on integrated labour inspection, with the participation of the social partners, the occupational safety and health in construction BUL0020 (FEU+7-programme) project, in which Denmark is participating, and project BG 2003/004 937.05.01, which is part of the PHARE 2003 programme, on meeting the pre-accession commitments of Bulgaria in the field of occupational safety and health.

2. Cooperation and collaboration in the field of labour inspection (Article 5 of the Convention). The Committee welcomes the indication that cooperation has increased between the labour inspectorate and various public sector authorities, such as the Agency for Small and Medium-Sized Enterprises and the State Agency for Child Protection (a). Furthermore, it notes the cooperation agreement concluded at the national level with the representative organizations of employers and workers with a view to conducting joint inspections at the enterprise level, intensifying the activities of tripartite bodies at the regional level and organizing joint consultations for the development of annual national programmes of action that the "General Labour Inspectorate" Executive Agency (EAGLI) will carry out at the national level, in addition to other cooperation activities (b).

3. The provision of adequate human and financial resources to ensure progressively the effective discharge of inspection. The Committee notes with interest the steadily increasing number of inspections (up to 32,271 in 2003), the increase in labour inspection staff (about 80 newly appointed inspectors), in the necessary financial and material resources and the activities undertaken to improve their skills. The Committee also notes the significant decrease in the number of industrial accidents and cases of occupational diseases. The Committee further observes that inspections are focussed on the control of SMEs (49.8 per cent), information campaigns have been launched at the national level in the construction, manufacturing and employment sectors, and that local campaigns are being undertaken with a view to the elimination of asbestos, and the use of a broad media policy.

The Committee is addressing a request directly to the Government on certain points.

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Also referring to its observation, the Committee notes the Government’s report and the information provided in reply to its previous comments, as well as the annual activity reports of the labour inspectorate for 1999 and 2000.

Article 3, paragraph 1(a) of the Convention. The Committee notes that the legal provisions which are under the supervision of the General Labour Inspectorate are contained in various legal texts: for occupational safety and health, in section 36(3) of the Act on safety and health at work and section 4(1) of the Decree of May 2000 respecting the General Labour Inspectorate Executive Agency (EAGLI), for all sectors and irrespective of the legal status of enterprises; and in the field of training, qualifications, changes in and termination of the employment relationship, the minimum wage and other components of remuneration, rest periods and leave, in the provisions of the amended Labour Code (No. 25/2001). Under the terms of section 4 of the above Decree, the material scope of the General Labour Inspectorate covers occupational safety and health and, in accordance with a general formulation, "legal relations". The Government is requested to indicate the meaning of this expression and to state whether it refers to these provisions of the Labour Code, in which case explicit reference should be made to these provisions in the implementing texts; or whether it consists of fields that are not already covered and, in this case, these fields should be defined.

Article 5(b). The Government cites amongst the measures taken on a tripartite basis, following the conference organized jointly with the ILO in Bistritsa in 1998, the conclusion of agreements for coordination and cooperation with other bodies of the executive authority (the National Social Security Institute, the National Employment Service, etc.); intensifying the implementation of significant undertakings related to occupational safety and health and taking into account the opinions and proposals of the regional councils and the National Council on Labour Conditions in the preparation of annual labour inspection plans. The Committee would be grateful if the Government would provide copies of any relevant text.

Articles 6, 8, 9 and 10. The Committee notes the distribution by sex of the staff of labour inspectors (187 men and 152 women). The Committee notes that 70 per cent of the inspectors in the general inspection system have a high level of education and professional experience in the respective specialities. Under the terms of section 15(4) of the Decree of May 2000 referred to above, the Executive Director of the EAGLI may appoint assistants as external labour inspectors to carry out supervisory activities and may define their specific powers. The Committee would be grateful if the Government would: indicate the distribution of men and women inspectors by grade and speciality; provide information on the manner in which inspection visits are carried out in the establishments requiring supervision in the various technical fields (electricity, mechanics, chemistry, ergonomics, etc.) by specialized inspectors in each discipline; and, finally, provide any available information on the conditions and circumstances under which external assistants to the EAGLI may be appointed to discharge supervisory functions.

Articles 12 and 15. Emphasizing the importance which should be attached to inspection visits being unannounced in order to guarantee their effectiveness, and noting the detailed provisions relating to the organization of the EAGLI’s activities (sections 18 to 29 of the Decree of 2000 respecting its establishment and operation), the Committee would be grateful if the Government would indicate the manner in which it is ensured that labour inspectors are empowered to enter freely any workplace liable to inspection and are free to decide whether to notify the employer or her or his representative of their presence during an inspection visit (Article 12, paragraphs 1(a) and (b) and 2). The Government is also requested to indicate the manner in which it is ensured that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect in an installation or a breach of legal provisions and that they shall give no intimation to the employer or her or his representative that a visit of inspection was made in consequence of the receipt of a complaint (Article 15(c)).

Article 16. The Committee notes that the number of inspection visits to workplaces increased substantially between 1997 and 2000. However, it notes a remark in the annual inspection report for the year 2000 indicating that this increase in quantity was accompanied by a decline in the quality of inspection visits. The Committee notes that in 2000, some 5.7 per cent of workplaces liable to inspection were in practice inspected. With reference to the assessment contained in the report for 1999, according to which the registration of employment contracts takes up too much of the working time of the labour inspectors and noting that, in accordance with section 5 of the Decree of May 2000, the General Labour Inspectorate shall not be entrusted with activities that could hinder the execution of its powers, the Committee requests the Government, as it recommended in its 1985 General Survey on labour inspection (paragraph 248), to take measures to ensure that labour inspectors can devote most of their working time to actually visiting enterprises, rather than doing sedentary office work.

Articles 17 and 18. The Committee notes, in the report on the results of labour inspection activities for the year 2000, that 307 workers were dismissed for disregarding the rules respecting working conditions related to safety and health and for inadequate qualifications. The Committee would be grateful if the Government would provide indications on the role of labour inspection in the decision-making procedures leading up to these dismissals, as well as information on the manner in which effect is given in practice to section 7(14) of the Decree of 2000 respecting the EAGLI, which provides that the Executive Director of the General Labour Inspectorate Executive Agency issues punitive sanctions after statements by General Labour Inspectorate officials.

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With reference to its previous comments, the Committee notes with satisfaction that, as a result of the adoption in May 2000 of the Decree of May 2000 establishing and determining the functions, organization and operation of the General Labour Inspectorate Executive Agency (EAGLI), supervision of compliance with legal provisions in the field of occupational safety and health is now the responsibility of an inspection system, and that this system is to be placed under the sole authority of the department responsible for labour, which is also responsible for coordinating labour inspection activities, including those which may be entrusted to services under the responsibility of other structures. The Committee notes that the Government has thereby given effect to the conclusions of a mission report by an ILO expert in January 1998 on the need to modernize the labour inspection system on an integrated basis, and that this approach is endorsed by the representative organizations of the social partners. The Committee also notes that the new Decree provides that the functions envisaged in Article 3, paragraph 1(b) and (c), of the Convention, namely the provision of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions, and to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, will henceforth be covered by the functions of the labour inspectorate. The Committee would be grateful if the Government would provide a copy with its next report of any texts issued under the above Decree, as well as any information available on the effect given in practice to the provisions respecting the coordination and cooperation between the various services and institutions engaged in inspection functions (Article 5(a) of the Convention).

The Committee is addressing a request directly to the Government on other points.

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The Committee notes the Government's reports, the annual report of the activities of the General Labour Inspectorate for 1997, as well as the copy of the Act of 16 December 1997 respecting occupational safety and health and the list of recently adopted texts respecting occupational safety and health in certain sectors. The Committee draws the Government's attention to the following points:

Scope and functions of the labour inspectorate. The Committee notes that the Act of 16 December 1997 establishes a system of labour inspection to monitor the application of the legislation respecting occupational safety and health under the authority and coordination of the Ministry of Labour. The Committee wishes to recall that, in accordance with Article 2 of the Convention, the legal provisions relating to conditions of work and the protection of workers are not confined to those respecting occupational safety and health, but also include provisions, as stated in Article 3, paragraph 1(a), relating to hours of work, wages, welfare, the employment of children and young persons and other related matters. Furthermore, the Committee is bound to emphasize for the attention of the Government that the Convention, in addition to the above function of control, assigns to the labour inspectorate the functions covered by points (b) and (c) of the above Article, namely the supply of technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions, and bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The explanations provided by the Government on the functions of the General Labour Inspectorate under Decree No. 167 of 1998 do not specify whether the functions covered by points (b) and (c) of Article 3, paragraph 1, of the Convention are included. The annual report of the inspection services for 1997, however, contains much information on inspection activities relating to occupational safety and health, a list of the types of violations of legal provisions relating to other conditions of work, such as wages, unilateral modifications of the contract of employment, working hours, overtime hours, rest periods and leave, and the statutory age for admission to employment. The Committee also notes that the labour inspectorate assumes functions other than those defined as being its principl functions by Article 3. These consist of functions relating to industrial relations, issuing work permits, approving collective agreements, etc. The report also mentions the processing of a large number of complaints which do not lie within the responsibility of the General Labour Inspectorate, but of the employment services, of social security and of other ministries and institutions. The Committee would be grateful if the Government would provide details on the fields of labour legislation which lie within the responsibility of the General Labour Inspectorate.

Coordination and collaboration with regard to labour inspection. A report on a mission carried out by an ILO expert in June 1996 indicates that employers and workers deplored the number and dispersion of the competent authorities in the field of labour inspection and the total lack of coordination between them. They supported a less costly and more effective single system of inspection with a pluri-disciplinary mandate, a vision of labour inspection which conforms to the spirit and letter of Articles 4 and 5 of the Convention. Furthermore, at a conference organized in January 1998 by the ILO and the Government in Bistritsa, which brought together representatives of the Social and Labour Policy Commission, the ministries of health, industry and the environment, employers' and workers' representatives and representatives of the ILO and the EU-PHARE Programme, emphasis was placed on the need for a far-reaching reform of the system of supervising the application of the legislation respecting occupational safety and health and conditions of work for all workers. The Government refers in its report to a number of bodies which are each competent in a specific field for monitoring occupational safety and health legislation. The Government recognizes that the persistence of two parallel inspection systems, one of which consists of bodies dependant on various authorities and the other of the General Labour Inspectorate, may give rise to problems. The Committee requests the Government to provide a copy of Decree No. 167 of 1998 and to supply information on the measures which have been taken or are envisaged to ensure, in accordance with Article 5, that the central authority in the field of labour inspection is empowered to make appropriate arrangements to promote: (a) effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities; and (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations.

Harmonization of the legislation respecting the organization and functions of bodies contributing to labour inspection. The Government referred in its report, among the legislation in force giving effect to the Convention, to the Labour Code of 1986, the Act of 1997 respecting occupational safety and health, Decree No. 167 of 1998 respecting the organization and functions of the General Labour Inspectorate and Decree No. 193 of 193 of 1991 establishing the National Labour Inspectorate and Decree No. 270 of 1992 respecting the reorganization of the inspectorate within the General Labour Inspectorate. The Committee notes a certain number of contradictions between the provisions of the two most recent texts and the earlier texts. It would be grateful if the Government would provide information on the manner in which it envisages harmonizing the various provisions which are in force.

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The Committee notes the information provided by the Government and in particular the establishment by Decree No. 193 of 2 October 1991 of a State Labour Inspectorate at the Ministry of Labour and Social Affairs. The Committee notes that some but not all of the matters covered by the Convention are touched upon in Decree No. 193; it understands also that a new draft labour code deals with various aspects of the Convention. It hopes the Government will provide full details in due course. It would meanwhile be grateful if the Government, in addition to the specific points raised below, would provide a detailed appreciation of the manner in which the Convention is applied in light of this new and any other pertinent legislation, having regard to each of the questions in the report form approved by the Governing Body for this purpose.

Article 3, paragraph 2, of the Convention. The Committee notes that further duties additional to labour inspection, viz. registering collective agreements, giving permission for the employment of under-aged persons, giving permission for overtime work, are assigned to the State Labour Inspectorate. Please indicate what measures have been taken to ensure that these additional functions do not interfere with the effective discharge of labour inspectors' primary duties.

Article 4. Please provide additional information concerning the function, role and relations between various bodies created by Decree No. 193 including "the State Inspectorate of Labour and its specialised territorial labour controlling bodies" (article 5 of the Decree), "state labour controlling body" (article 9(1) of the Decree), "the state and public controlling bodies" (article 13 of the Decree).

Article 20. Please provide, within the required time-limits, the annual report on the activities of the inspection services, including the information required by Article 21. This will enable the Committee to gain an appreciation of the adequacy of inspection visits in terms of Article 16.

Please provide additional specific information also concerning application of Articles 14 (notification to inspectors of occupational diseases and industrial accidents) and 15 (disinterestedness of inspectors in supervised undertakings, and the principle of confidentiality).

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