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

Case No 2047 (Bulgaria) - Complaint date: 23-AUG-99 - Closed

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

1. 42. The Committee last examined this case at its meeting in March 2000 when it requested the Government to undertake a new poll, including PROMYANA and ADS (the Association of Democratic Syndicates), to determine the representativeness of these organizations in accordance with pre-established and objective criteria. It further requested the Government to keep it informed of any developments in the Labour Code concerning limits for the duration of collective agreements [see 320th Report, paras. 330-362].
2. 43. In a communication dated 25 August 2000, the Government states that the Minister of Labour and Social Policy filed an official proposal for counting to PROMYANA and ADS and confirms that they will be invited to join the National Council for Tripartite Cooperation if they comply with the objective criteria. Furthermore, the Government states that the Council of Ministers endorsed and introduced to the National Assembly the following amendment to the Labour Code: "The collective agreement shall be deemed concluded for a term of one year, in so far as it does not provide otherwise, but not more than two years. The parties can arrange shorter term of action of the provisions of the collective agreement."
3. 44. The Committee takes due note of this information. It requests the Government to keep it informed of the outcome of the counting of PROMYANA and ADS. Further recalling from its previous conclusions that the duration of collective agreements is primarily a matter for the parties involved [see 320th Report, para. 361], it requests the Government to indicate whether the proposed amendment to the Labour Code reflects tripartite agreement in this regard.