Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bulgaria (RATIFICATION: 1998)

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The Committee notes the observations of the Association of the Organizations of Bulgarian Employers (AOBE), received on 29 August 2023. The AOBE refers to the letter dated 14 July 2023 sent by the Government to the ILO Director General supporting the request of the Workers’ group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for urgent discussion and decision on a referral to the International Court of Justice for an advisory opinion concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in relation to the right to strike. In this respect, the AOBE expresses its deep concern that the Government did not undertake effective consultations with the social partners on this important matter prior to sending its letter. The AOBE concludes that the Government failed to comply with the Convention and undermined its voice as the most representative employers’ organization and hindered tripartism in the country. The Committee requests the Government to provide its comments in this regard.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government regarding the tripartite consultations held between 2019 and 2023 on matters covered by Article 5(1) of the Convention. In particular, the Government reports that workers’ and employers’ organizations have been consulted with regard to: (i) questionnaires on the International Labour Conference agenda items and the composition of the country’s delegation during the 109th, 110th, and 111th sessions of the International Labour Conference; (ii) the reports on ratified Conventions to be submitted to the Office in accordance with Article 22 of the ILO Constitution; (iii) the possibility of ratifying the Collective Bargaining Convention, 1981 (No. 154). Regarding the latter, the Government indicates that a ministerial working group with the participation of the social partners prepared a detailed analysis reviewing the existing special legislation to identify the specific measures and commitments for the implementation of the requirements arising from the provisions of Convention No. 154. The Government reiterates that tripartite consultations are held regularly within the National Council for Tripartite Cooperation (NCTC) on labour and employment related issues, and that tripartite cooperation and consultations by sectors, industries, districts and municipalities are carried out by sectoral, branch, district, and municipal Tripartite Cooperation Councils. The Government further refers to the existence of other tripartite bodies at the national level, such as the Supervisory Board of the National Social Insurance Institute and the National Council on Working Conditions. Lastly, the Committee notes the detailed information provided by the Government regarding the tripartite consultation held on measures taken to address the negative impact of the COVID-19 pandemic on employment. The Committee requests the Government to continue to provide detailed information on the nature and the outcome of the tripartite consultations heldduring the reporting period on each of the matters covered by Article 5(1) of the Convention.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) and the observations of the Bulgarian Industrial Capital Association (BICA), received on 23 October 2019. The Committee also notes the observations of the Union for Private Economic Enterprise (UPEE), received on 2 October 2020. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government regarding tripartite consultations held on the matters relative to international labour standards under Article 5(1)(a)–(e) of the Convention between 2016 and 2018. In addition, the Committee notes that the social partners were consulted in determining the composition of the Government delegation during the 105th, 106th and 107th Sessions of the International Labour Conference and in preparing responses to ILO questionnaires, including the ILO questionnaire on “Ending violence and harassment against women and men in the world of work” (108th Session of the Conference). The Committee notes with  interest  the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), on which the social partners were consulted. The Government indicates that the possible ratification of the Collective Bargaining Convention, 1981 (No. 154), is being considered through a working group established to discuss and develop amendments to the Labour Code aimed at improving national social dialogue. The social partners were requested to provide opinions on the possible ratification. The Committee notes the supplementary information provided by the Government indicating that the social partners entered into a two-year National Tripartite Agreement with the Government on 17 June 2020, under which they agreed on the ratification of Convention No. 154 and the initiation of the ratification process for the Labour Relations (Public Service) Convention, 1978 (No. 151). The Government adds that the parties to the agreement determined that three successive Action Plans were to be developed for its implementation, specifying the activities concerned and evaluating its implementation on an ongoing basis. The Government indicates that, apart from tripartite consultations held at the national level in the National Council for Tripartite Partnership, tripartite cooperation also exists in branch, sectoral and district level. In its observations, the CITUB maintains that most of the tripartite cooperation councils at the branch and sectoral levels exist formally, but do not function in practice. The CITUB indicates that it has prepared a proposal to amend the Rules on the Organization and Operation of the Tripartite Cooperation Councils, with the objective of increasing their activity. In its observations, the UPEE expresses its agreement with the information provided by the Government report. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB), as well as the observations of the Bulgarian Industrial Capital Association (BICA), received on 23 October 2019. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government regarding tripartite consultations held on the matters relative to international labour standards under Article 5(1)(a)–(e) of the Convention between 2016 and 2018. In addition, the Committee notes that the social partners were consulted in determining the composition of the Government delegation during the 105th, 106th and 107th Sessions of the International Labour Conference and in preparing responses to ILO questionnaires, including the ILO questionnaire on “Ending violence and harassment against women and men in the world of work” (108th Session of the Conference). The Committee notes with interest the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), on which the social partners were consulted. The Government indicates that the possible ratification of the Collective Bargaining Convention, 1981 (No. 154), is being considered through a working group established to discuss and develop amendments to the Labour Code aimed at improving national social dialogue. The social partners have been requested to provide opinions on the possible ratification. The Government indicates that, apart from tripartite consultations held at the national level in the National Council for Tripartite Partnership, tripartite cooperation also exists in branch, sectoral and district level. In its observations, the CITUB maintains that most of the tripartite cooperation councils at the branch and sectoral levels exist formally, but do not function in practice. The CITUB indicates that it has prepared a proposal to amend the Rules on the Organization and Operation of the Tripartite Cooperation Councils, with the objective of increasing their activity. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

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The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (KNSB/CITUB), received on 1 September 2016, referring to a 2015 amendment to section 3 of the Labour Code, which regulates tripartite consultations. The KNSB/CITUB explains that the amendment will enable organizations of employers and workers to initiate the signing of agreements on labour relations and social security matters following an assessment by or at the suggestion of the Government. The KNSB/CITUB considers that the amendment will contribute to improving tripartite cooperation between the social partners and to timely discussions on the adoption of regulations on labour relations matters.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information supplied by the Government with regard to coordination procedures and tripartite consultations held by the National Council for Tripartite Consultations (NCTC) between 2014 and 2016. The Committee notes with interest that various meetings were held by the Labour Law Committee of the NCTC in order to examine bills aimed at bringing Bulgarian legislation in line with ratified ILO Conventions, namely the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and to determine whether national legislation is in conformity with the Seafarers’ Pensions Convention, 1946 (No. 71). The Committee requests the Government to continue to provide updated information on the content and outcome of the consultations held on all matters concerning international labour standards covered by the Convention.

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report on the application of the Convention received in May 2014, including information on the coordination done with regard to the list of reports submitted under articles 19 and 22 of the ILO Constitution (Article 5(1)(d)). The Committee invites the Government to provide updated information on the content and outcome of the consultations held on all matters concerning international labour standards set out in Article 5(1) of the Convention.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2012 direct request, which read as follows:

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Effective tripartite consultations required by the Convention. The Committee notes the detailed report provided by the Government in May 2012 on the application of the Convention. The Committee welcomes the information received and invites the Government to continue to provide information on the effective consultations held on the matters related to international labour standards listed in Article 5(1) of the Convention.

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Effective tripartite consultations required by the Convention. The Committee notes the detailed report provided by the Government in May 2012 on the application of the Convention. The Committee welcomes the information received and invites the Government to continue to provide information on the effective consultations held on the matters related to international labour standards listed in Article 5(1) of the Convention.

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Strengthening social dialogue. The Committee notes with interest the information provided by the Government in the report for the period ending in May 2005. In reply to its 2003 direct request, the Government indicates that the Ministry of Labour and Social Policy, the Bulgarian Economic and Social Council, the trade unions and the organizations of employers are prepared to sustain and further develop an effective and fruitful social dialogue in Bulgaria: training programmes on social dialogue and labour market will be developed and run for 350 representatives of the social partners (Article 4, paragraph 2, of the Convention). The Committee hopes that the programmes will also include training on the matters related to international labour standards covered by the Convention, and that the Government will continue to report on the activities of the National Council for Tripartite Consultations regarding the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention.

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1. The Committee notes the Government’s report received in September 2003. It would appreciate continuing to receive information on the activities of the National Council for Tripartite Consultations including particulars of the consultations held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, of the Convention.

2. Financing of training. In reply to its previous direct request, the Government indicates that there is no information on arrangements made for financing training of participants in the consultative procedures. If training of the participants in the consultations covered by the Convention has been considered necessary, the Committee invites the Government to include in its future reports information on such arrangements (Article 4, paragraph 2).

3. Operation of the consultative procedures. The Committee notes that no annual report has been issued yet on the operation of the procedures provided for in the Convention. It hopes that in its next report the Government would give particulars of the consultations that have taken place with the representative organizations on "the working of the procedures provided for in the Convention" (Article 6).

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The Committee notes the Government’s first reports on the application of the Convention. It would be grateful if the Government would continue to provide information on the activities of the National Council for Tripartite Consultations on the matters covered by the Convention, including indications on the following matters.

Article 4, paragraph 2, of the Convention. Please provide information on any arrangements made for financing any necessary training of participants in the consultative procedures.

Article 6. Please provide particulars of the consultations that have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention.