Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in response to the previous direct request. It also notes the comments made by the Confederation of Labour - Podkrepa as well as the reply given by the Government to these comments.

Article 1 of the Convention. Further to its previous comment, the Committee notes that the term "labour remuneration" is not defined in the Labour Code. The Committee recalls that the Convention, in the interest of affording the broadest possible protection to wage earners, uses the term "wage" in a generic sense so as to apply to any remuneration or earnings, however designated or calculated, thus including not only the basic wage but also other allowances and benefits payable to the worker by virtue of a written or unwritten contract of employment. The Committee requests the Government to confirm that the term "labour remuneration", as used in the Labour Code, has the same broad meaning and includes earnings or remuneration in general.

Article 4. The Committee notes with concern the Government’s indication that the payment of supplementary labour remuneration in the form of alcoholic liquors or noxious drugs is not explicitly prohibited in the Bulgarian legislation, and also that there is no specific provision calling for appropriate measures to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that the value attributed to such allowances is fair and reasonable. The Committee hopes that the Government will take the necessary measures in the near future to ensure that full effect is given to the terms of the Convention in this respect.

Article 6. The Committee notes the Government’s statement that the principle according to which employers shall be prohibited from limiting in any manner the freedom of the worker to dispose of his/her wages has not as yet been incorporated in the Bulgarian legislation. The Committee stresses the importance of a legislative provision setting out in clear terms that it is not enough that the worker should receive the wages due but he/she must also be able to spend them as he/she chooses. The Committee hopes that the Government will not fail to take appropriate action in this respect.

Article 7. The Committee notes the Government’s indication that the question of works stores and similar services for the sale of commodities to the workers is not regulated in the Bulgarian legislation. The Committee would be grateful if the Government could provide concrete information as to the extent to which such company stores are established or services are operated, and further specify the measures taken or under consideration to guarantee that these stores are set up for the sole object of serving the interests of the workers.

Article 9. The Committee notes that, according to article 15 of the Ordinance on the conditions and procedures for carrying out intermediary activity, supplying information and placing which came into force on 1 January 1999, placement fees may be freely negotiated between the mediator and the employer but they should not be deducted from the labour remuneration of the employed person. The Committee asks the Government to supply the text of this Ordinance.

Article 10. The Committee recalls that the Convention provides for the protection of workers’ wages not only against attachment but also against assignment, and therefore asks the Government to supply information on the measures taken or contemplated to ensure the application of the Convention in this respect. The Committee points out that national legislation has to determine the proportion of the wages which shall be immune from assignment enabling workers and their families to satisfy their basic needs, and therefore suggests that the Government may wish to consider introducing an overall limit with respect to assignment of wages comparable to that established under article 341(1) of the Code of Civil Procedure with respect to attachment.

Article 11. The Committee takes note of the information supplied by the Government on this point. It also notes the observation made by the Confederation of Labour - Podkrepa to the effect that the workers’ claims constituting privileged debts, now placed at the fourth place, should be granted higher priority. The Committee further notes the Government’s clarifications regarding the current situation with respect to protection of workers’ claims in the event of the employer’s insolvency and the opposite views of employers’ and workers’ organizations concerning the advisability of ratifying Convention No. 173 or creating a guarantee institution in accordance with its terms. Finally, it notes that a task force has been set up and is now in the process of drafting new legislation on the protection of wages in case of bankruptcy or judicial liquidation of an undertaking. The Committee hopes that the Government will soon be able to resume the tripartite consultations and make progress on the above issues. It asks the Government to continue to supply information on any developments in this regard.

Article 12(2). The Committee notes that sections 270(2) and 178 of the Labour Code to which the Government refers in its report reflect only partially the requirement of the Convention for a final settlement of all wages due upon the termination of a contract of employment, to be effected in accordance with national laws or regulations, collective agreement or arbitration award or, in the absence of any applicable law, regulation, agreement or award, within a reasonable period of time having regard to the terms of the contract. The Committee asks the Government to take such measures as it considers appropriate to ensure the application of the provisions of the Convention in this respect.

Article 13(1). The Committee notes that the Government’ s report does not contain any information regarding the payment of wages on working days only, as provided for in the Convention. The Committee requests the Government to specify the legislative provision, if any, which expressly gives effect to this requirement.

Article 15(d). The Committee notes that section 270(3) of the Labour Code to which the Government refers in its report is not related to the maintenance of adequate records in an approved form and manner as set out in the Convention. The Committee asks the Government to indicate the measures it intends to take to give effect to the provisions of the Convention in this regard.

The Committee hopes that the Government will take the necessary action in the very near future in order to bring its legislation into full conformity with the provisions of the Convention. It requests the Government to communicate in its next report precise information on the measures taken and the progress made in the above-raised matters.