Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee recalls that it had previously requested the Government to provide its observations on the comments submitted by the International Trade Union Confederation (ITUC) and the Confederation of Independent Trade Unions in Bulgaria (CITUB) on the lengthiness of anti-union discrimination proceedings. The Committee notes that the Government refers to section 310(1) of the Code of Civil Procedure (entered into force in 2008), according to which, claims of illegal dismissal, reinstatement, compensation are examined through summary procedure. The Committee requests the Government to indicate the average length of anti-union discrimination proceedings in practice.

Article 2 of the Convention. Protection against acts of interference. Previously, the Committee had requested the Government to take the necessary measures to ensure adequate protection, including by means of dissuasive sanctions, against acts of interference by employers’ organizations. The Committee notes that the Government once again 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. The Government considers that it is not necessary to have an explicit ban on the acts of interference. In this respect, the Committee once again 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 indicate the measures taken or envisaged 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 sections 51(b)(1) and (2) of the Labour Code provided 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. It further noted, in this respect, 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. Considering 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, the Committee requested the Government to amend sections 51(b)(1) and (2) of the Labour Code. The Committee notes the Government’s indication that it is ready to conduct the necessary consultations with the aim of reaching a mutually acceptable decision on this matter. The Committee welcomes the statement of the Government and expects that the necessary legislative amendments will be adopted in the near future and requests the Government to provide information on any developments in this regard.

Articles 4 and 6. The Committee had previously taken note of the comments made by the ITUC and the CITUB on the denial of collective bargaining rights to public servants and requested 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 that the Government reiterates 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. Legislatively regulated issues could not be subject to collective bargaining. 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. The Committee further notes the Government’s indication that it is ready to conduct the necessary consultations with the aim of reaching a mutually acceptable decision on this matter. The Committee welcomes the statement of the Government and expects that the necessary legislative amendments will be adopted in the near future and requests the Government to indicate any development in this regard.

The Committee had previously noted the comments of the Bulgarian Industrial Association (BIA) on the application of the Convention. The BIA indicated that section 51(a), (b) and (c) of the Labour Code grants workers’ organizations the right to submit draft collective agreements but that the same right is not extended to employers’ organizations. The Committee requested the Government to respond to the BIA’s comments. The Committee notes that the Government confirms that according to the legislation in force, the draft collective agreement is prepared and presented by trade unions. At the time of negotiations, however, each of the parties is free to propose amendments to the draft. Employers’ organizations are free to make their own proposal and are not obliged to accept the draft as proposed by the union. Only a collective agreement that satisfies the interests of both parties is signed.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future. It reminds the Government that it may avail itself of ILO technical assistance.