Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC), which refer mainly to matters previously raised by the Committee. The Committee requests the Government to provide its observations on the ITUC’s comments, particularly those concerning the lengthiness of anti-union discrimination proceedings.

Article 2 of the Convention. Protection against acts of interference. Previously, the Committee had requested the Government to provide information on the provisions which protect against acts of interference by employees’ and employers’ organizations in each other’s affairs. The Committee notes that the Government refers to section 33 of the Labour Code – which provides for the autonomy of workers’ and employers’ organizations in formulating their statutes, electing their representatives, and adopting their programmes of action. In this respect, the Committee recalls that under Article 2 of the Convention, all acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial means with the object of placing such organizations under the control of employers or employers’ organizations, shall be deemed to constitute acts of interference. The Committee further recalls that legislation should explicitly prohibit all such acts of interference and make express provision for rapid appeals procedures, coupled with effective and sufficiently dissuasive sanctions against acts of interference, in order to ensure the application in practice of Article 2. Moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down these substantive provisions, as well as appeals and sanctions to guarantee their application (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 232). Noting that the legislation contains no provisions concerning such protection as described above, the Committee requests the Government to take the necessary measures to ensure adequate protection, including by means of dissuasive sanctions, against acts of interference by employers’ organizations.

Article 4. The Committee had previously noted that section 51(b)(1) and (2) of the Labour Code provides that collective agreements at the level of the branch or industry are concluded between the representative workers’ and employers’ organizations on the basis of an agreement between the national organizations to which they are respectively affiliated, and had requested the Government to specify whether a majority organization in the industry or the branch can conclude a collective agreement, even if it is not affiliated to a national representative organization, as well as to provide a copy of the general framework agreement concluded between national organizations of employers and workers on collective bargaining at the branch or industry levels. The Committee notes the Government’s statement that organizations not affiliated to a national representative organization cannot conclude collective agreements at the branch and sectoral levels, though they may do so at the enterprise level. The Government further states that there is no framework agreement providing for collective agreements at the sectoral and branch levels. The Committee considers, in this regard, that requiring organizations to be affiliated with a national organization in order to be able to conclude sectoral and branch level agreements is incompatible with the principle of free and voluntary collective bargaining established in Article 4 of the Convention; it requests the Government to amend section 51(b)(1) and (2) of the Labour Code so as to eliminate this requirement.

Articles 4 and 6. The Committee had previously taken note of the comments made by the ITUC and the Confederation of the Independent Trade Unions of Bulgaria (CITUB) on the denial of collective bargaining rights to public servants. In this respect, the Committee notes the Government’s indication that, despite the absence of the right of collective bargaining in the narrow sense of the term, under section 44(3) of the Civil Service Act trade unions are able to represent and defend the rights of civil servants on civil service and social security issues through proposals, requests, and participation in the drafting of relevant internal regulations and ordinances, as well as in the discussion of issues of economic and social interest. The Government adds that representatives of organizations of civil servants may take part in the competition commission for the selection of candidates to the civil service, as well as participate in the process for the appraisal of civil servants. Issues related to income and social security in the public service, however, are discussed in the National Council for Tripartite Cooperation, in which all nationally representative employers’ and workers’ organizations are represented. While taking note of this information, the Committee nevertheless recalls that, although Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories of public servants should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages (see General Survey, op. cit., paragraph 262). The Committee therefore requests the Government to take the steps necessary to amend the Civil Service Act so as to ensure the right to collective bargaining of all public servants, with the only possible exception being those engaged in the administration of the State.

The Committee notes the comments of the Bulgarian Industrial Association (BIA) on the application of the Convention. The BIA states that section 52 of the Labour Code does not promote the voluntary implementation of negotiations, but rather obliges employers to negotiate with and submit information to trade unions. Furthermore, section 54 of the Labour Code obliges employers to start negotiations for the conclusion of a new collective agreement no later than three months prior to the expiry of the collective agreement in force. The BIA adds that section 51(a), (b) and (c) of the Labour Code grants workers’ organizations the right to submit draft collective agreements. This same right, however, is not extended to employers’ organizations. The Committee notes that the Government, in its reply to the BIA, indicates that although section 52 of the Labour Code obliges employers to negotiate with and provide relevant financial information to trade unions with a view to concluding collective agreements, the legislation does not require the parties to collective bargaining to conclude an agreement, and there are no limits imposed upon the duration of negotiations; the purpose of section 52, as such, is the promotion of collective bargaining. The Committee takes due note of the above information. Noting however that the Government does not respond to the BIA’s comments concerning section  51(a), (b) and (c) of the Labour Code, the Committee requests the Government to indicate in its next report whether employers’ organizations enjoy the same right as workers’ organizations to submit draft collective agreements in the course of negotiations.