Effect given to the recommendations of the committee and the Governing Body - Report No 323, November 2000

Case No 1989 (Bulgaria) - Complaint date: 06-OCT-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 39. The Committee last examined this case at its meeting in March 2000 when it requested the Government to take the necessary steps to ensure that all those workers dismissed from the Bulgarian State Railways (BSR) for the exercise of legitimate trade union activity be reinstated without further delay in their jobs with full compensation. The Committee further requested the Government to take the necessary measures for an independent inquiry to be undertaken into the alleged harassment of the members of the Trade Union of the Engine Personnel of Bulgaria (TUEPB) by the BSR and to remedy any effects of anti-union discrimination brought to their attention [see 320th Report, paras. 299-329].
2. 40. In a communication dated 25 August 2000, the Government first states that the workers of BSR were not dismissed due to the execution of legitimate trade union activities, as there were not any such activities. The Government adds that there is a three-tiered legal system in Bulgaria and that, after the enforcement of the legal decisions subject to execution, all the necessary acts shall be undertaken to reinstate the dismissed workers. Since it will be necessary to check the dismissed workers' professional qualifications, the BSR has expressed its readiness to discuss with the TUEPB the form of the examination in order to avoid a subjective attitude. Finally, the Government declares its readiness to establish an independent commission to discuss the complaints of the TUEPB in respect of anti-union discrimination at the United Locomotive Depot - Sofia and Locomotive Depot - Plovdiv. The Ministry of Labour and Social Policy shall host the first meeting of the Commission.
3. 41. The Committee takes due note of this information, in particular the Government's readiness to reinstate the dismissed workers in accordance with the relevant legal decisions and to establish an independent commission to review the allegations of anti-union discrimination at BSR. Noting that over two years have elapsed since the BSR workers were dismissed following warning strikes, the Committee recalls from its previous conclusions in this case that a lengthy delay in concluding the proceedings concerning the reinstatement of dismissed trade union leaders constitutes a denial of justice and therefore a denial of trade union rights of the persons concerned [see 320th Report, para. 325]. It requests the Government to keep it informed of developments in respect of any pending court cases and trusts that the dismissed workers will be reinstated in their jobs in the very near future with full compensation. It also requests the Government to keep it informed of the outcome of the independent commission established to examine allegations of anti-union discrimination.