Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information provided in the Government's latest report as well as the comments of the Confederation of the Independent Trade Unions in Bulgaria.

Article 3 of the Convention. In its previous comments, the Committee recalled the need to take steps to amend section 11(2) of the Act of March 1990 regarding the settlement of collective labour disputes, which provides that a decision to call a strike must be taken by a majority of all the workers in the respective enterprise or unit. While noting the Government's reply which states that the provisions of the Act are liberal in character and any attempt to amend it may infringe its democratic approach, the Committee recalls once again that it considers that account should only be taken of the votes cast and that the required quorum and majority should be fixed at a reasonable level (see 1994 General Survey on freedom of association and collective bargaining, paragraph 170). In this regard, the Committee requests the Government to take the necessary measures to amend section 11(2) of the Collective Labour Disputes Act of 1990 in order to bring it into closer conformity with the principles of freedom of association contained in the Convention.

Concerning the prohibition for workers from the enery, communications and health sectors to go on strike, the Committee notes the Government's statement that if the demands of these workers are not granted, they may go on strike by wearing or placing suitable signs or symbols but they are not allowed to leave work and must continue working during the strike. In this regard, the Committee recalls the need to ensure that workers in the health, electricity and communication sectors who are forbidden from exercising the right to strike (section 16(4) of the Act), which is an essential means of defending their occupational interests, should enjoy compensatory guarantees to protect their social, economic and professional interests. For example, conciliation and mediation procedures leading, in the event of a deadlock, to arbitration machinery seen to be reliable by the parties concerned should be adopted. In this regard, it is essential that workers are able to participate in determining and implementing the procedure, which should provide sufficient guarantees of impartiality and rapidity. In addition, the arbitration awards should be binding on both parties and once issued should be implemented rapidly and completely.

The Committee also notes the Government's statement that it is in regular contact with the trade unions and the employers and also notes the new developments made in the field of peaceful settlement of collective disputes. On this issue, the Committee requests the Government to indicate in its next report whether amendments to the Labour Code and the Collective Labour Disputes Act taking into account these new developments are being prepared.