Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Bulgarie (Ratification: 2006)

Autre commentaire sur C156

Observation

2022

Demande directe

2022
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Article 3 of the Convention. Protection from discrimination on the ground of family responsibilities. Public and private sector. The Committee notes the Government’s indication, in its report, that, during the period 2021-2022, there have been no cases of discrimination in employment and occupation based on family responsibilities under the Civil Servants Act, and that a review of compliance with the legislation revealed no violations under Article 63 of the Civil Servants Act and Art. 8, para. 3 of the Labour Code. The Committee asks the Government to continue to provide information on any cases relating to discrimination in employment and occupation based on family responsibilities that have been dealt with by the courts, the labour inspectorate or the Commission for Protection against Discrimination, and available remedies.

Article 4. Leave entitlements. The Committee recalls that the Labour Code provides for six months’ parental leave to both fathers and mothers (section 167(a)), 15 days’ paternity leave for the father where both mother and father are married or live in the same household (section 163(7)) and, after the child has reached the age of 6 months, the father may use the remainder up to 410 days of maternity leave, with the consent of the mother (section 163(8)). The Committee notes with interest the information provided by the Government regarding the adoption of the Law amending and supplementing the Labour Code, effective as of 1 August 2022, which provides for a new individual right to two months paid leave for the father (or adoptive parent) to raise a child up to 8 years of age, to be taken all at once or in instalments, with a monthly allowance of 710 Bulgarian lev (BGN) paid by the State social insurance. The right to the two months leave is only allowed when the recipient has not taken leave transferred by the mother under Articles 163, 164 or 164a of the Labour Code. According to the Government, the new leave for fathers will favour a balanced participation of parents in the care of the child. The Committee notes that no information was provided on the extent to which paternity leave, maternity leave and parental leave have been taken. The Committee notes that, according to the National Insurance Institute’s Statistical Bulletin – Indicators Characterizing the Temporary Inability of Insured Persons –, in 2021, a total of 81,946 people took paid maternity leave, including 326 men. It further notes that a total of 22,088 men took the 15 days paid parental leave, and 77,971 people took paid parental leave of which 712 were men (0.9 per cent whereas they were 1.4 per cent in 2015). The Committee requests the Government to continue to provide statistical data, disaggregated by sex, on the extent to which paternity leave, maternity leave and parental leave have been taken by fathers and mothers, as well as other eligible persons. It also requests the Government to provide information on any proactive measures taken to encourage more men to take parental leave, such as promoting the exercise of shared parental responsibilities through family leave campaigns encouraging men’s engagement in parenting and caring for children, and other immediate family members.

Flexible working-time arrangements. The Committee notes the Governments indication that the Labour Code has several provisions aimed at achieving better working conditions and opportunities for work-life balance including those aimed at the general working population such as part-time work (section 138), flexible working hours (section 139(2)), division of the working day into parts (section 139(4)), homeworking (section 107b-107g), teleworking (sections 107h-107p), and working on certain days of the month (section 114). The government indicates that flexible working hours under section 139(2) of the Labour Code is an organization of working hours in which there is a fixed part of the working time during which workers or employees are obliged to be at the workplace and perform their duties, and the allocation of the other part is determined by the worker or employee. Workers or employees with family responsibilities may propose to the employer a change in the fixed part of the working hours by setting another time of so-called compulsory presence. The Committee notes that section 167b of the Labour Code is a flexible work provision aimed specifically at workers with family responsibilities under which workers, upon returning to work after taking leave for pregnancy and childbirth, paternity, adoption or childcare (sections 163 – 167a of the Labour Code), may propose to the employer a change in the duration and distribution of their working hours for a set period and the employer shall take the offer into consideration where this possibility exists. The Committee further notes the Government’s statement that the above-mentioned Law amending and supplementing the Labour Code amends section 167b of the Labour Code to guarantee the worker the right to receive a reasoned written response from the employer who does not agree with a change to the employment relationship in order to reconcile personal and professional life. The Committee also notes the statistical information provided by the Government regarding unemployed parents accessing part-time work on the primary labour market and through Government programmes. It notes the Government’s indication that every year, the National Action Plan on Employment includes programmes/projects and measures for the placement of unemployed persons, mainly from disadvantaged groups on the labour market, many of which promote part-time employment, such as the National Programme for Employment and Training of Persons with Permanent Disabilities, the Programme for Training and Employment of the Long-term Unemployed, and the Regional Employment Programmes. The Committee asks the Government to continue to provide information on the impact of flexible working-time arrangements on promoting equality of opportunity and treatment for workers with family responsibilities as well as statistical information disaggregated by sex on the practical application of these arrangements, including part-time work and work at home.

Article 5. Childcare and family services and facilities. The Committee notes that no information was provided by the Government in response to its request for information regarding the impact of the Employment Strategy 2013–20 in extending coverage of care services and facilities for children and other dependent members of the family. The Committee notes the information provided by the Government on the 2014-2020 program "Parents in Employment” which supported 8,100 parents by providing childcare and support in entering the workforce. The Committee notes that under the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030, adopted on 30 December 2020, the first priority area is ‘Equality of women and men in the labour market and an equal degree of economic independence’ and that a key action to achieve progress is ‘Achieving a better balance in reconciling professional and personal life and reducing the gap in caring for children and dependent household members’. It further notes that the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022, adopted by the Council of Ministers’ Decision No. 454 on 17 June 2021, implements the above-mentioned strategy. This action plan provides for the following activities: (1) provision of care for children up to 5 years old, not attending nurseries, institutions and preschool groups, for employed and unemployed parents (care is permissible up to 8 hours per day); (2) provision of care for children up to 12 years old, attending nurseries, institutions or school, of unemployed and employed parents with many children (care is permissible up to 4 hours per day); and (3) provision of employment mediation for unemployed parents caring for children up to 5 years of age. The Committee requests the Government to provide detailed information on the content and the impact of the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030 and the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022 in reducing the gap in caring for children and dependent household members, including recent statistical information indicating the progress achieved.

Article 6. Information and education. The Committee notes that the Government once again does not provide information on the measures directly aimed at raising awareness of the problems encountered by men and women workers with family responsibilities. The Committee therefore requests the Government to provide information on the measures taken to raise awareness of the problems encountered by men and women workers with family responsibilities, such as through media campaigns or seminars for social partners, and to promote a climate conducive to overcoming these problems.

Article 7. Integration in the labour force. The Committee previously noted that sections 53 and 53(a) of the Employment Promotion Act (2001) provide incentives for employers to hire unemployed persons but that that these incentives seem to apply only to mothers or single parents, and appear to not be available to fathers. In this regard, the Committee notes the Government’s response that the incentive measure is an element of the national employment promotion policy, which defines and targets, “persons who face significant barriers to labour market inclusion and need active support” and that, according to section 1, item 4a, of the Additional Provisions of the Employment Promotion Act, “disadvantaged groups on the labour market” are groups of unemployed persons with lower competitiveness on the labour market including unemployed single parents (adoptive parents) and/or mothers (adoptive mothers) with children up to 5 years of age. The Government further indicated that Bulgaria’s employment policy is in line with the guidelines at European level; that the special focus on vulnerable groups requires targeted efforts to remove barriers and disincentives, as well as incentives to participate in the labour market; that measures to close the gender employment gap are also an important focus; and that in this context, the incentive measure under section 53a of the Employment Promotion Act contributes to gender equality, as women are more involved in raising young children and their career development is often interrupted for this reason. The Committee notes the statistical information provided on the implementation of the incentive measure under section 53a of the Employment Promotion Act. The Committee requests the Government to continue to provide information on the application and impact of section 53(a), including the number of unemployed parents who were hired on the basis of these provisions. The Committee also requests the Government to provide information on any other measures taken to enable workers with family responsibilities to become and remain integrated in the labour force.

Article 8. Termination of employment. The Committee notes the information provided by the Government on the provisions of the Labour Code relating to the termination of the employment relationship, and the protection against dismissal provided in section 333 of the Labour Code for workers who take leave under sections 162 and 163 of the Labour Code or for a mother of a child up to 3 years of age. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government indicate any measures taken or envisaged to prohibit explicitly in legislation termination of employment on the ground of family responsibilities. It also once again requests the Government to provide information on any cases relating to the dismissal of workers on the ground of family responsibilities dealt with by the competent authorities, including the courts and the Commission for Protection against Discrimination, and related remedies.

Article 11. Workers’ and employers’ organizations. The Committee notes the general information provided by the Government on the role of workers’ and employers’ organizations in guaranteeing workers’ labour rights, and how tripartite cooperation is implemented within the National Council for Tripartite Cooperation, as well as the sectoral, branch, regional and municipal councils for tripartite cooperation. The Committee notes that while general information on the strengthening of social dialogue is welcome, it requests the Government to provide more specific information on the measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.