Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. The Committee notes the Government’s reply to the comments submitted by the International Trade Union Confederation (ITUC) and the Confederation of Independent Trade Unions of Bulgaria (CITUB) on the issues it has been raising for a number of years and, in particular, the need to amend the following provisions:

–      section 11(2) and (3) of the Collective Labour Disputes Settlement Act, which provide that the decision to call a strike shall be taken by a simple majority of the workers in the enterprise or the unit concerned, and section 11(3) which requires the duration of the strike to be declared;

–      section 51 of the Railway Transport Act of 2000, which provides that, where industrial action is taken under the Act, the workers and employers must provide the population with satisfactory transport services corresponding to no less than 50 per cent of the volume of transportation that was provided before the strike. The Committee recalled previously that, as the establishment of too broad a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, workers’ organizations should be able to participate in defining such a service, along with employers and the public authorities; in cases where agreement is not possible, the issue should be referred to an independent body; and

–      the restrictions on the right to strike of public servants under the terms of section 47 of the Civil Servant Act, including public servants who cannot be considered as exercising authority in the name of the State.

The Committee notes that in its report, the Government: (i) with regard to the strike vote, reiterates its commitment to the tripartite consultations with a view to reaching a mutually acceptable solution that would address the recommendations of the Committee; (ii) on the issue of the right to strike in the railway transport sector, stresses its will to resolve this issue and achieve progress in the near future, and indicates that it has initiated internal expert discussions about a possible amendment of the Railway Transport Act; and (iii) states that is ready to reopen the discussion on the right to strike of civil servants with a view to finding a solution, welcomes ILO technical assistance, and indicates that a working group was established to make proposals for legislative amendments to ensure compliance with the Convention. The Committee welcomes the information provided by the Government and hopes that in the process of legislative amendments due note will be taken of its comments as well as of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2696. The Committee requests the Government to transmit any new legislative text once adopted. It trusts that the ILO will continue providing its technical assistance as requested by the Government.

With regard to its previous comments on section 11(3) of the Collective Labour Disputes Settlement Act, which requires the duration of the strike to be declared, the Committee takes due note of the Government’s indication that a strike could be declared for an indefinite period of time or until fulfilment of the demands made.

The Committee once again requests the Government to provide the legal text which repealed the prohibition on strikes in the energy, communication and health sectors.