Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Bulgaria

Night Work of Young Persons (Industry) Convention, 1919 (No. 6) (Ratification: 1922)
Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) (Ratification: 1949)

In order to provide a comprehensive view of the issues relating to the application of the Conventions on night work of young persons ratified, the Committee considers it appropriate to examine Conventions Nos 6 and 79 in a single comment.

The Committee notes the observations of the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 1 September 2016 as well as the Government’s report.

Article 2(1) of Convention No. 79 and Article 3(1) of Convention No. 6 and Convention No. 79. Night work by young persons in industrial and non-industrial occupations. The Committee notes the observations made by the CITUB concerning the recent amendments to the Labour Code of 2015 regulating the night work of young persons. The CITUB alleges that the period of night work, as amended, is in violation of the provisions of Conventions Nos 6 and 79.

The Committee notes that according to section 140(2) of the Labour Code as amended, “night work” signifies a period from 10 p.m. to 6 a.m. and for workers under the age of 16 years this period shall be from 8 p.m. to 6 a.m. The Committee notes the observations made by the CITUB that pursuant to Article 2 of Convention No. 79, “night work” for children under the age of 14 years and children over 14 years who are still subject to compulsory education, should constitute a period of at least 14 consecutive hours, including the interval between 8 p.m. to 8 a.m.

The Committee notes the Government’s indication that section 140(4)(1) of the Labour Code prohibits night work of persons under the age of 18 years in industrial and non-industrial occupations. In this regard, the Committee notes that according to section 301(1) of the Labour Code, the employment of children under the age of 16 years shall be prohibited. Section 301(2) provides that persons aged between 15 to 16 years, may exceptionally be involved in light work that is not hazardous or harmful to their health and physical, mental and moral development and that would not be detrimental to their regular attendance at school or participation in vocational or training programmes. The Committee observes that section 140(2) of the Labour Code, as amended, read in conjunction with sections 301(1) and (2) of the Labour Code, would restrict night work of children under the age of 16 years, as required by Article 2(1) of Convention No. 79.

With regard to the compliance with Article 3(1) of Conventions Nos 6 and 79, which prohibit night work for young persons under 18 years for 11 and 12 consecutive hours respectively, including the interval of 10 p.m. to 5 a.m. and 10 p.m. to 6 a.m. respectively, the Committee notes that according to section 136(1) and (3) of the Labour Code, the normal working hours for a five-day week shall be up to 40 hours per week and the working time during the day shall be up to eight hours. Moreover, section 137(2) of the Labour Code provides for reduced working hours for employees under the age of 18 years. The Committee, therefore, observes that sections 140(2), 136 and 137 of the Labour Code, when read together, would lead to the prohibition of night work as required by Article 3(1) of Conventions Nos 6 and 79.