Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Bulgaria (Ratification: 1949)

International and regional coordination and cooperation in the area of labour inspection. The Committee notes the information provided on cooperation, regional coordination and exchange of knowledge and best practice with Labour Inspectorates from other EU member states including via the knowledge sharing site of the Senior Labour Inspectors’ Committee (SLIC). The Committee also notes the creation of the Regional Alliance of Labour Inspectors in South Eastern Europe, Azerbaijan and Ukraine (RALI), in 2008 at the initiative of the Bulgarian Government with the partnership of the ILO and the International Association of Labour Inspectors (IALI). It finally notes that in the framework of a meeting on “Tackling Undeclared Work in Europe” which took place on 30 September 2010, a trilateral agreement was signed between Bulgaria, Greece and Romania. The Committee would be grateful if the Government would send a copy of the trilateral agreement and keep the ILO informed on the activities carried out by the labour inspectorate within this framework, as well as in the framework of the RALI, as well as any impact these activities may have on the application of the Convention.

Articles 4 and 5. Placing labour inspection under the supervision and control of a central authority; cooperation and collaboration between the inspection services and other government services and employers’ and workers’ organizations. The Committee notes that according to section 9(1) of the Labour Inspection Act, labour inspection policy is determined and implemented by the Council of Ministers on the basis of proposals submitted annually by the Minister of Labour and Social Policy. The Committee further notes that section 10(1) of the Labour Inspection Act establishes a National Labour Inspection Council (NLIC) as a permanent organ for coordination, consultation and cooperation in labour inspection. The NLIC is composed of the heads of several agencies responsible for various types of inspection, including the Ministry of Defence, as well as representatives of employers’ and workers’ organizations. According to section 11(1) of the Labour Inspection Act, the NLIC discusses the draft labour inspection policy as well as the trends and problems concerning labour inspection activities, proposes measures to improve them and takes decisions on the implementation of current thematic investigations. The Committee requests the Government to provide a copy of the labour inspection policy adopted by the Council of Ministers. It would also be grateful if the Government would provide an organization chart of the labour inspection system and specify the functions entrusted to the central authority. Further, the Committee requests the Government to provide details on the activities of the NLIC and their results, and send to the ILO an annual report on the activities of this body, if available.

The Committee also notes the Government’s reference to the cooperation agreement concluded between the General Labour Inspectorate Executive Agency (GLIEA), the Confederation of the Independent Trade Unions in Bulgaria (CITUB) and the Confederation of Labour Podkrepa (Podkrepa CL) in 2009. It requests the Government to send a copy of the agreement and to supply information on its implementation and its impact from the point of view of the objectives of the Convention.

The Committee also draws the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on collaboration between employers and workers in the area of occupational safety and health, and requests the Government to provide information on any arrangements, such as safety committees of similar bodies, and their functioning.

Articles 5(a) and 9. Cooperation between the inspection services and authorized institutions. The Committee notes from the activity reports of the GLIEA for 2008 and 2009 that the labour inspectorate continues to detect deficiencies in the coverage and functioning of occupational safety and health (OSH) services provided by private enterprises, according to section 25(3) of the Law on Health and Safety at Work. Eighty-nine per cent of enterprises inspected in 2009 had concluded contracts with external OSH services among which only very few were not authorized pursuant to the requirements in Ordinance No. 3 of 2008 governing the rules and procedures of the activities of Occupational Health Services.

The Committee notes however the Government’s indication that it is unattractive to the OHS services to serve micro and small enterprises located in remote districts, as service charges are connected with the number of staff members. Furthermore, the Government also indicates, that even though in most cases the quality work by the OHS facilitates the work of the labour inspectors, some OHS do not fulfil their duties in accordance with the regulations and do not give the necessary advice and assistance to employers so as to help them introduce and implement in practice the legal requirements for ensuring health and safety at work. Some OHS services only formalize the information provided by the company on the organization of work concerning OSH thus making significant mistakes and omissions. In such cases, the OHS services are confined to the preparation of a risk assessment which is often inaccurate and vague, without the participation of bodies responsible to safety and health at the enterprise.

The Committee finally notes that in its previous report, the Government indicated that there is an insufficient number of civil engineers and specialists with medical education in the labour inspectorate, the reason being the large remuneration gap between the public administration and the private sector.

The Committee requests the Government to provide a copy of Ordinance No. 3 of 2008 and to specify the procedure for granting authorization to OHS and the manner in which the labour inspectorate supervises their operation in practice. Also the Committee would be grateful if the Government would indicate any measures taken or envisaged in order to ensure that technical information and advice is provided to small and medium-sized enterprises (SMEs) on occupational safety and health issues, as provided for by Article 3(2) of the Convention.

Articles 6 and 10. Number, status and conditions of service of labour inspectors. The Committee notes that according to the Government, the General Labour Inspectorate consists of 463 employees “with assigned powers of labour inspectors” who are “appointed and dismissed” from the public service under the Civil Servants’ Act. It further notes from the information provided in the activity report of the GLIEA that, during the period from January to December 2009, 49 officials of the GLIEA’s staff resigned, including 20 labour inspectors or lawyers (who were subsequently replaced by new recruits). It also notes the Government’s statement that the main reason for leaving the GLIEA, were the low level of salaries, as well as the huge workload, responsibility and stress. Being aware of the financial difficulties, which Governments have to face in times of economic crisis, the Committee nonetheless emphasizes that under Article 6 of the Convention, the status and conditions of service of labour inspectors should be such as to ensure stability of employment and independence from any improper external influence. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that the conditions of service of inspectors are such that they are assured of stability of employment and independence from any improper external influence, especially through appropriate wage levels and career prospects. It also requests the Government to specify the procedure and criteria of recruitment of labour inspectors (including the assessment of the required competence and qualification of candidates) as well as the conditions under which labour inspectors can be dismissed under the Civil Servants’ Act.

The Committee would be grateful if the Government would provide, in its next report, further information on the total number of labour inspectors employed, as well as their categories (Article 10) and provide for the inclusion of such information in the annual activity reports of the GLIEA (Article 21 (b) of the Convention).

Article 12(2) of the Convention. Right of inspectors to enter without previous notice any workplace liable to inspection. The Committee notes that in response to comments by the Committee since 2002, the Government refers in its previous report (for the period ending 31 May 2008), to the internal administrative document of the GLIEA, entitled “Guidance for Planning, Implementing and Reporting the Activity of GLIEA” which, according to the Government, gives effect to the requirements of Article 12(2) of the Convention. The Committee asks the Government to communicate a copy of the abovementioned “Guidance for Planning, Implementing and Reporting of the Activity of GLIEA or any other text giving effect to this Article of the Convention.

Articles 20 and 21 of the Convention. Content of the annual reports. While the Committee acknowledges the great level of detail contained in the annual activity reports of the GLIEA, the Committee would be grateful if the Government would ensure that the central inspection authority publishes and communicates to the ILO an annual inspection report containing all the information available on the subjects listed in Article 21, including separate information on :

• – the staff of the labour inspection services (including the number and geographical distribution of inspectors by gender and by category) (Article 21 (b));
• – statistics of workplaces liable to inspection (number and geographical distribution) and the number of workers employed therein (men, women, young persons) (Article 21 (c)); and
• – statistics of cases of occupational disease (number and cases by industry and occupation) (Article 21(g)).