Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bulgaria (Ratification: 1959)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in 2013. The Committee requests the Government to provide its observations thereon.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation.

Article 1 of the Convention. Protection of workers against acts of anti-union discrimination. The Committee in its latest observation has requested the Government to supply information regarding the average length of anti-union discrimination proceedings in practice and the compensations paid or sanctions imposed in case of anti-union dismissals, and to indicate the status of the process of establishing specialized labour courts.

The Committee invites the Government to compile data on the average duration in practice of court proceedings related to discrimination on the grounds of trade union activities, including appeals procedures and also on the average compensation paid and sanctions imposed, and to communicate this information in its next report.

Article 2. Protection against acts of interference. The Committee had previously noted that national legislation does not provide full protection against acts of interference by employers or employers’ organizations and has requested the Government to indicate the legislative measures taken or envisaged to ensure adequate protection, including by means of dissuasive sanctions, against such acts of interference.

The Committee recalls that, under Article 2 of the Convention, all acts which are designed to promote the establishments 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 reminds that national legislation should explicitly prohibit all such acts of interference and make express provision for rapid appeal procedures, coupled with dissuasive sanctions against acts of interference, in order to ensure the application in practice of Article 2. Therefore, the Committee again requests the Government to take the necessary measures in order to modify the national legislation accordingly and ensure the application of Article 2 as indicated, and to meanwhile provide information about the steps taken towards an adequate protection against such acts of interference.

Articles 4 and 6. Collective bargaining in the public sector. The Committee has previously taken note of the comments made by the ITUC and the KNSB/CITUB regarding collective bargaining rights of public servants and requested the Government to amend the Civil Service Act so that the right to collective bargaining of all public service workers, other than those engaged in the administration of the State, is duly recognized in the national legislation.

The Committee observes that the Government had stated that an interdepartmental work group was set up with the mission to develop proposals and amendments to the law on railway transport and the Civil Service Act in order to meet the standards of the International Labour Organization. The Committee expresses the firm hope that the Civil Servant Act will soon be brought into accordance with the requirements of the Convention. The Committee requests the Government to inform on the evolution of the process and to include the text of the amended Articles in one of the ILO’s official working languages in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.