Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bulgaria (Ratification: 1959)

The Committee takes note of the report submitted by the Government. The Committee also notes the comments made thereon by the Confederation of the Independent Trade Unions of Bulgaria (CITUB), the Bulgarian Chamber of Commerce and Industry (BCC) and the Bulgarian Industrial Association (BIA). The Committee has also taken note of the entry into force of the Labour Code (Amendments and Additions) Act of 2 March 2001. The Committee requests the Government to reply to the recent comments submitted by the International Confederation of Free Trade Unions (ICFTU).

1. Article 2 of the Convention. Protection of workers’ and employers’ organizations against acts of interference by each other. The Committee requests the Government to indicate, in its next report, the provisions under which workers’ organizations are protected (in particular through dissuasive sanctions) against acts of interference by employers’ organizations and vice versa, in accordance with Article 2.

2. Article 4. In its previous comment, the Committee noted that under section 51(a)(2) and (3) of the Labour Code as amended (conclusion of collective agreements in enterprises where there exist more than one trade union organization), trade unions must submit a common draft agreement; if the trade unions fail to do so, the employer shall conclude the collective agreement with the trade union whose draft is approved by the absolute majority of employees. The Committee requested the Government to provide further information on the practical application of the collective bargaining procedure under section 51(a)(2) and (3), and more particularly to indicate what would happen if a trade union failed to secure the support of at least 50 per cent of the bargaining unit members. In its report, the Government indicates that if the draft collective agreement has not received the support of 50 per cent of the bargaining unit members, the conclusion of the collective agreement is considered to have failed and new negotiations should be initiated. The Committee takes note of this information.

The Committee notes that under section 51(b)(1) and (2) of the Labour Code, as amended, collective agreements at the level of the branch or industry are concluded between the representative workers’ organizations and the representative employers’ organizations on the basis of an agreement between the national organizations to which they are respectively affiliated and which determine a general framework. The Committee requests the Government to clarify whether a majority organization in the industry or the branch can conclude a collective agreement even if it is not affiliated to a national representative organization. The Committee also requests the Government to provide a copy of the agreement concluded between national organizations which provides a general framework to agreements at the level of the branch or industry.