Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the adoption of the Protection of Persons Who Report or Publicly Disclose Information on Breaches Act, 2023 which protects persons in the public and private sectors who report or publicly disclose information on violations of the legislation, including labour legislation, which have become known to them in the course of or in connection with the performance of their work or official duties or in another context.

The Committee previously requested the Government to provide its comments on the 2019 observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) that the Civil Servants Act is insufficient to guarantee in practice the right to organize of civil servants, as well as of other workers under a labour relation; and that, together with the Ministry of Interior Act and the Judiciary Act, it should be amended to fully guarantee all rights under the Convention to these workers and their organizations. The Committee notes the Government’s detailed comments on the provisions granting the right to organize to the above categories of workers and, in particular, that the regime for the establishment, operation and closure of public servants’ unions is governed by the regime for associations under the Not-for-Profit Legal Entities Act (NPLEA). In view of the CITUB’s concerns as to the lack of administrative or criminal safeguards to protect the right to organize of several categories of public servants, the Committee requests the Government to provide further details on the applicable procedures that guarantee and protect in practice the right to organize of public servants, including procedures applicable in case of alleged violations of the right to organize.

In its previous comment, the Committee also requested the Government to provide information on the 2019 observations of the Bulgarian Industrial Association (BIA) alleging interference in freedom of association of employers’ organizations, in particular as regards the autonomy and operation of branch associations of producers and traders, through certain sectoral regulations – the Forestry Act, the Act on Wine and Alcoholic Beverages and the Act on Tobacco and Related Products. The Committee takes due note of the Government’s detailed observations, and its intention to amend some of the aforementioned legislation. The Committee trusts that any amendments to the legislation will be fully in line with the Convention and adopted in consultation with the social partners.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee recalls that for a number of years it has been requesting the Government to amend section 11(2) of the Collective Labour Disputes Settlement Act (CLDSA), which provides that the decision to call a strike shall be taken by a simple majority of the workers in the enterprise concerned and section 11(3), which requires the strike duration to be declared in advance. In its previous comment, the Committee requested the Government to provide information on any developments concerning these provisions and to indicate what the requirements are for continuing a strike action beyond its initially determined duration. The Committee notes the Government’s indication that no changes were made to section 11(2) and (3) of the CLDSA and that a change in the initial duration of a strike should be made in the same way as the strike decision, that is, by a decision of the workers. The Committee recalls once again that requiring a decision by over half of all the workers involved in the enterprise or unit in order to declare a strike is excessive and could unduly hinder the possibility of calling a strike, particularly in large enterprises, and that if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast and that the required quorum and majority are fixed at a reasonable level (see the 2012 General Survey on the fundamental Conventions, paragraph 147). The Committee also recalls that workers and their organizations should be able to call a strike for an indefinite period if they so wish without having to announce its duration. In line with the above, the Committee requests the Government to take the necessary measures to amend section 11(2) and (3) of the CLDSA to ensure its full compliance with the Convention.

The Committee has also been raising the need to revise section 51 of the Railway Transport Act (RTA), which provides that, where industrial action is taken, satisfactory transport services must be provided to the population corresponding to no less than 50 per cent of the volume of transportation provided before the strike. In its previous comment, the Committee, while welcoming a proposal to amend the provision by providing for the participation of the social partners in the determination of the minimum services and for a mechanism for dispute resolution, noted that the proposed amendment retained an obligation to provide no less than 50 per cent of the amount of transport services. The Committee notes the Government’s reiteration that the current text of section 51 has not precluded the exercise of the right to strike by railway workers and that the proposal of the Confederation of Labour Podkrepa to reduce the volume to 20 per cent would result in an inability to serve the rail transport needs of the population, even in a minimal volume. The Government adds that the Ministry of Transport and Communications proposed a new amendment, which provides that the managers and the railway undertakings shall annually negotiate and agree on a list of trains which shall provide the required percentage of transport (not less than 50 per cent) and will include the list on the contract for access to and use of the railway infrastructure. The managers and railway undertakings shall subsequently agree with any representative organizations of their workers on the type and number of staff needed to carry out the required volume of transport. The Committee observes that while the proposed amendment provides for the participation of the social partners in the definition of minimum services, it does not reduce the quantity of the service to be provided, which remains at no less than 50 per cent. While taking note of the Government’s concerns about providing sufficient railway transport services to the population, the Committee recalls once again that minimum service must be limited to the operations strictly necessary to meet the basic needs of the population or the minimum requirements of the service while maintaining the effectiveness of the pressure brought to bear by the strike. A minimum service that is as broad as no less than 50 per cent restricts one of the essential means of pressure available to workers to defend their economic and social interests. The Committee therefore once again requests the Government to revise section 51 of the RTA, in consultation with the most representative organizations, in order to ensure its compliance with the Convention. The Committee trusts that, through such consultations, a solution can be identified that will guarantee the right of workers’ organizations to organize their activities through collective action while at the same time providing for transport services to meet the basic needs of the population or the minimum requirements of the service. The Committee requests the Government to provide information on all developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.