Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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. In this regard, it also recalls the Government’s previous statement that sections 140, 310 and 312 of the Labour Code should be amended to be made available to fathers as well as mothers. It therefore notes with regret that the Government, in its report, appears to reverse this opinion, stating that the prohibition on night work under section 140 is an “expression of the special protection of mothers laid down in article 47, paragraph 2, of the Constitution” and that “the prohibition is therefore linked to established legal principles and the guarantee of the mother’s rights, which is part of the overall legislation.” The Committee further notes the Government’s statement that “under Article 313 of the Labour Code, the mother’s rights under articles 310 and 312 of the Labour Code may be enjoyed by the father when the mother is unable to enjoy them” including “both situations where the mother is objectively prevented from exercising these rights (e.g. illness) and where this would affect her professional development”; and that “the law leaves it to the parents themselves to decide which of the parents should benefit from the rights under Articles 310 and 312 of the Labour Code.” It finally notes the Government’s statement “that Bulgarian legislation grants equal rights to male and female workers or employees with family responsibilities, in accordance with general legal principles.” The Committee recalls that the Convention has the dual objective of creating equality of opportunity and treatment in working life between men and women with family responsibilities, on the one hand, and between men and women with such responsibilities and workers without such responsibilities, on the other (1993 General Survey on workers with family responsibilities, paragraph 25). 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.

The Committee is raising other matters in a request addressed directly to the Government.