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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bulgaria (Ratification: 1959)

The Committee notes the observations received on 1 September 2016 from the International Organisation of Employers (IOE), which are of a general nature. The Committee also notes the observations of the Confederation of Independent Trade Unions in Bulgaria (KNSB/CITUB) received on 29 August 2016 with the Government’s report, concerning issues being raised by the Committee. The Committee also notes the observations received on 31 August 2016 from the International Trade Union Confederation (ITUC) referring to issues under examination by the Committee as well as alleged violations in law and in practice of the right to organize of foreign workers and firefighters. The Committee requests the Government to provide its comments thereon. Furthermore, it once again requests the Government to provide its comments on the 2013 and 2014 ITUC observations and the 2014 observations of the KNSB/CITUB on the practical application of the Convention.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee recalls that for a number of years it has been raising the need to amend section 47 of the Civil Servants Act, which restricts the right to strike of public servants, including those not exercising authority in the name of the State. The Committee notes the Government’s indication that: (i) on 9 September 2015, the Council of Ministers adopted a decision approving the draft Act amending the Civil Servants Act to regulate the right to strike for civil servants; (ii) the Bill was approved by the Administrative Reform Council and the National Council for Tripartite Cooperation, and was then submitted for discussion by the Council of Ministers to the National Assembly; (iii) the Committee on Labour, Social and Demographic Policy approved the Bill and advised the Parliament to support the amendments at first reading; (iv) on 10 February 2016, the National Assembly adopted at first reading the amendments to the Civil Servants Act, which entitle civil servants to go on strike; and (v) on 29 June 2016, it was submitted for consideration to the Committee on Legal Affairs of the National Assembly. The Committee also notes that the KNSB/CITUB confirms that the final adoption of the Bill amending the Civil Servants Act by the National Assembly is expected at the end of 2016. The Committee notes with interest this information. The Committee trusts that the draft Act amending the Civil Servants Act to regulate the right to strike for civil servants will be adopted in the very near future and requests the Government to provide a copy of the Act once it is adopted.

The Committee further recalls its comments concerning the need to amend section 11(2) of the Collective Labour Disputes Settlement Act, which provides that the decision to call a strike shall be taken by a simple majority of the workers in the enterprise or the unit concerned, and section 11(3), which requires the strike duration to be declared in advance. Noting that the Government does not provide information in regard to this matter, the Committee recalls that: (i) requiring a decision by over half of the workers involved in the enterprise or unit in order to declare a strike is excessive and could unduly hinder the possibility of calling a strike, particularly in large enterprises, and that if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast and that the required quorum and majority are fixed at a reasonable level; and (ii) workers and their organizations should be able to call a strike for an indefinite period if they so wish without having to announce its duration. The Committee expects that the work of the inter-institutional working group created in the framework of the National Coordination Mechanism on Human Rights will accelerate the bringing of section 11(2) of the Collective Labour Disputes Settlement Act into conformity with the Convention, taking due account of its long-standing comments. The Committee requests the Government to provide information on any progress achieved in this respect, in particular on proposals made by the above working group and on relevant deliberations within the National Coordination Mechanism on Human Rights.

In its previous comments, the Committee has also been raising the need to amend section 51 of the Railway Transport Act, which provides that, where industrial action is taken under the Act, the workers and employers must provide the population with satisfactory transport services corresponding to no less than 50 per cent of the volume of transportation that was provided before the strike. The Committee notes the Government’s indication that: (i) on 4 July 2014, at the first meeting of the inter-institutional working group of the National Coordination Mechanism on Human Rights, the Ministry of Communications and Information Technology (MTITC) requested all relevant information on the need to amend section 51 of the Railway Transport Act and pledged to discuss the issue with the competent units in the transport ministry, including the Railway Administration Executive Agency; and (ii) at the third meeting on 22 January 2015, the MTITC sent an opinion, which confirmed previously presented arguments that at this stage no amendments to this provision were on the agenda. The Committee also notes that the KNSB/CITUB alleges lack of political willingness to address this matter. The Committee expects that the work of the inter-institutional working group will accelerate the bringing of section 51 of the Railway Transport Act into conformity with the Convention, taking due account of the Committee’s long-standing comments. The Committee requests the Government to provide information on any progress achieved in this respect, in particular on proposals made by the above working group and on relevant deliberations within the National Coordination Mechanism on Human Rights.