Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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.