Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

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

The Committee notes the information supplied by the Government in its report. It recalls that its previous comments referred to the system of trade union unity prevalent in the country, which seems to considerably reduce, for workers who wish to do so, the value of establishing trade union organisations outside the existing trade union structure, due to the broad powers conferred by the law on the central leadership of the trade unions and on the Central Council of Bulgarian Trade Unions with regard to labour protection, labour inspection, State social insurance and safety and health within the enterprise (sections 35 and 36 of the Labour Code and specific laws and regulations adopted with the participation of the Central Council, including the Act of 30 June 1973, Decision No. 15 of 12 May 1973, Decision No. 57 of 13 June 1962, the Regulations of 17 April 1967 and the Ordinance of 25 March 1960). It has also been noting since 1979 the guiding role in society and the State assigned by the Constitution to the Bulgarian Communist Party (section 1(2)) and the fact that, according to the Government, Bulgarian trade unions voluntarily mention in their by-laws the guiding role of the Bulgarian Communist Party.

The Committee notes that, according to the Government, Article 3 of the Convention confers upon the founding members of trade union organisations the responsibility of defining the objectives of their activities in the rules that they formulate, and that therefore the question of the possible functions of another trade union structure should be a question for the founding members and not for the Government.

The Government explains that each central leadership of trade unions may take the initiative with regard to laws and that it can put forward any type of proposal concerning the interests of the workers with regard to safety and health, sickness insurance, participation in the management of enterprises, the fixing of wages, vocational training and the resolution of social problems. Consequently, in the Government's opinion, the concerns of the Committee of Experts that there would be an obstacle to the development of another trade union structure have no basis in the text of Convention No. 87 where the activities in question are conferred upon existing trade unions. Furthermore, the Government indicates that Act No. 44 respecting the management of social insurance, dated 5 June 1984, transferred the administration of this insurance, which was previously entrusted to the trade unions under the terms of Act No. 11 of 1960, to the Committee on Labour and Social Affairs, under the Council of Ministers.

While noting this information and these explanations, the Committee emphasises that in its 1983 General Survey on Freedom of Association and Collective Bargaining, in paragraphs 136 to 138, it indicated that systems of trade union unity set out in the law are at variance with the principle of free choice of workers' and employers' organisations contained in Article 2 of Convention No. 87. This principle of the Convention was not intended as an expression of support either for the idea of trade union unity or for that of trade union pluralism. It was clearly not the purpose of the Convention to make trade union pluralism an obligation. However, the Convention at least requires this diversity to remain possible in all cases.

The Committee would therefore like to make it clear that, even in a case where a de facto monopoly exists as a consequence of all the workers having grouped together, legislation should not institutionalise this factual situation, for example, by designating the single central organisation by name. Indeed, even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure. In addition, the rights of workers who do not wish to join existing trade unions or the existing central organisation should also be protected.

The Committee therefore requests the Government to indicate in its next report the measures that have been taken or are envisaged to enable all workers who so wish, without distinction whatsoever, to establish trade union organisations of their own choosing that are independent from the existing structure, with the objective of furthering and defending the interests of the workers in accordance with Articles 2 and 10 of the Convention.