Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Bulgaria (Ratification: 2006)

The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report.

Article 3 of the Convention. National policy. The Committee recalls that a number of measures aimed at facilitating the reconciliation of work and family responsibilities provided for in the Labour Code and the Civil Service Code are available only to women having children, including the possibility of working at home (section 312 of the Labour Code), the requirement of written consent to perform night work or overtime (sections 140 and 147 of the Labour Code, respectively), or for business trips (section 310 of the Labour Code and section 87 of the Civil Service Code), and additional leave for workers with two or more children (section 168 of the Labour Code, which is applicable to employees in the public sector by virtue of section 63 of the Civil Service Code). The Committee notes the CITUB’s repeated observations according to which the abovementioned provisions need to be amended to be made available to men and women workers with family responsibilities on an equal footing. In this regard, the Committee notes the Government’s indication that sections 140, 310 and 312 of the Labour Code should be amended to be made available to fathers as well as mothers. However, the Government indicates that section 168 of the Labour Code does not need to be amended because it considers this to be a special additional leave with a social purpose, to allow the mother to spend more time with her children. The Committee draws the Government’s attention to the fact that the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention. The Committee therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. Consequently, the Committee reiterates its request that the Government, with the participation of workers’ and employers’ organizations, take steps to review and amend the legislation with a view to ensuring that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing, and to provide information on any progress made in this regard.

Public sector. In its previous comments, the Committee noted that section 63 of the Civil Service Code provides that the entitlements under sections 162–168 of the Labour Code are applicable to employees in the public sector. The Committee takes notes of the Government’s statement that it does not have information on people being prevented from their entitlement under section 63 of the Civil Service Code. The Committee therefore requests the Government to keep it informed on any court cases involving the practical application of section 63 of the Civil Service Code, as well as any other measures taken to apply the Convention in respect of the public sector.

Protection from discrimination on the ground of family responsibilities. The Committee previously noted that according to the CITUB, courts had sanctioned cases of non-compliance of section 8(1) of the Labour Code (which prohibits discrimination based on, inter alia, gender and family situation) by employers. Noting that the Government’s report is silent on this point, the Committee once again requests the Government 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)). It requested the Government to indicate the extent to which these leave entitlements were taken. The Committee notes the Government’s indication that in 2015 there were 53,555 beneficiaries of maternity and paternity leave, including 241 men, and 42,837 beneficiaries of parental leave, including 611 men. 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 under sections 163(7), 163(8) and 167(a) of the Labour Code 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. In its previous comments, the Committee had noted that section 139(a) of the Labour Code provides for the establishment by employers of lists of positions to which flexible working hours apply, after consultation with trade unions. It notes that the CITUB repeats its previous observation, indicating that section 139(a) of the Labour Code does not provide for flexible working-time arrangements but instead extends the workday of workers with family responsibilities. The Committee notes that the Government does not reply to the CITUB’s observations. It further notes that the Government refers to an appendix containing statistical information on employees’ working time, disaggregated by sex, but that this appendix is not enclosed in the Government’s report. Finally, the Government indicates that the Employment Agency is improving employment opportunities for parents with children and providing opportunities for flexible working time, but no concrete example to illustrate this statement is provided. Consequently, the Committee requests the Government to indicate the concrete measures taken by the Employment Agency to improve employment opportunities through flexible working time for workers with family responsibilities. It also requests the Government to respond to the CITUB’s observations and to clarify whether section 139(a) of the Labour Code effectively allows for flexible working-time arrangements. Once again, the Committee requests the Government 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. Further to its previous comments, the Committee notes the Government’s indication that the impact of the Updated Employment Strategy 2008–15 (which aims at ensuring adequate national coverage of accessible care for small children and other dependent members of the family) was hampered by the global financial and economic crisis, and that a new Updated Employment Strategy 2013–20 was adopted. The Government further indicates that a “Childminder” scheme was implemented, providing training to 3,513 unemployed persons, of whom 3,498 were hired as babysitters, to allow parents to go back to work. The Committee requests the Government to provide detailed information on the content and the impact of the Updated Employment Strategy 2013–20 in extending coverage of care services and facilities for children and other dependent members of the family, including recent statistical information indicating the progress achieved.

Article 6. Information and education. The Committee previously requested the Government to provide information on the measures taken to promote greater public understanding of the principle of the Convention. It notes the Government’s response that, between 2009 and 2015, two projects were implemented by the Ministry of Labour and Social Policy in which training was delivered to journalists to overcome gender-based stereotypes. The Government refers to the National Strategy to Promote Equality between Women and Men 2016–20 which seeks to change gender stereotypes as one of its key priorities. While the Committee welcomes the Government’s efforts in overcoming gender stereotypes in Bulgarian society, it notes that the Government 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 continue its efforts to promote greater awareness and public understanding of the principle of equality of opportunity and treatment between men and women, and 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 recalls that under the national programme “Support motherhood”, which is aimed at promoting women’s participation in the labour market, free childcare for children aged 1–3 years is provided for jobseekers registered with the Labour Office Directorates. It notes the Government’s indication that between 2007 and 2011, a total of 6,755 mothers benefited from the “Support motherhood” programme. The Government further indicates that sections 53 and 53(a) of the Employment Promotion Act (2001) provide incentives for employers to hire unemployed persons who are single parents (or adopters) and/or mothers with children under 3 years of age, as well as unemployed mothers with children between 3 and 5 years of age. The Committee notes that these incentives seem to apply only to mothers or single parents, and appear to not be available to fathers. In this regard, it recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing, which is not the case if fathers benefit from provisions only in the event that they are without a spouse. The Committee requests the Government to consider amending sections 53 and 53(a) of the Employment Promotion Act (2001) to allow all fathers (as opposed to only single fathers) to benefit from this employment incentive. In the meantime, the Committee requests the Government to provide information on the application in practice of sections 53 and 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, and whether they are available to men and women on an equal footing.

Article 8. Termination of employment. 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 that no information was provided on this point and therefore once again requests the Government to provide information on the specific 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.