Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Private Employment Agencies Convention, 1997 (No. 181) - Bulgaria (Ratification: 2005)

The Committee notes the observations of the Confederation of Independent Trade Unions of Bulgaria (KNSB/CITUB) transmitted by the Government with its report.

Articles 1(1)(b) and 3 of the Convention. Legal status and services provided by private employment agencies. The Government indicates in its report that, with the active participation of the social partners, the Labour Code, the Employment Promotion Act and the Ordinance on the Conditions and Procedure for Performance of Employment Agency Services were amended to increase protection to temporary work agency workers in the user enterprises. The Government adds that the Labour Code only allows for the provision of temporary workers until a specific task is concluded and as substitute for factory or office workers who are absent from work. Moreover, a user enterprise having concluded a mass layoff may only conclude an agreement with a temporary work agency after six months. The Labour Code also stipulates that the total number of factory and office workers made available to a user enterprise must not exceed 30 per cent of the overall workforce of the user enterprise. The Committee requests the Government to continue to provide information on the status of private employment agencies and on any changes made to the legislative framework governing their operation. Please also provide information on the criteria set out under national legislation to establish when the termination of workers is deemed to constitute a collective dismissal.

Articles 4, 11 and 12. Freedom of association and right to collective bargaining. Adequate protection for workers and allocation of responsibilities. The KNSB/CITUB observes a general lack of protection of workers of private employment agencies. Particularly, the workers’ organization is of the view that, despite amendments to the legislation governing the operation of temporary work agencies, the applicability of collective agreements, remuneration and freedom of association differs between workers of such agencies and workers employed by user enterprises. In its 2010 General Survey concerning employment instruments, paragraph 310, the Committee emphasizes that freedom of association and the right to collective bargaining are to be fully guaranteed to all workers placed by private agencies or employed by temporary work agencies, as stipulated in Articles 4 and 11 of Convention No. 181. The KNSB/CITUB further indicates that the Government’s aim to reduce unemployment levels through the regulation of private employment agencies has not been achieved. The Committee notes the areas to be covered in the employment contract of a worker employed by a temporary work agency in the Labour Code. It notes, however, that no information was provided with regard to compensation in case of insolvency and protection of workers claims as well as maternity protection and benefits, in addition to parental protection and benefits (Article 11(i) and (j) of the Convention). The Committee also notes that, further to those two points of Article 11, information is insufficient whether the agreement to be concluded between the temporary work agency and the user enterprise stipulating the responsibilities of the user enterprise covers temporary work agency workers’ statutory social security benefits and their access to training (Article 12(d), (e), (h) and (i)). The Committee requests the Government to provide detailed information indicating how it is ensured that workers of private employment agencies, including temporary work agencies, enjoy adequate protection with regard to Article 4 and all matters included in Article 11 and how the responsibilities are allocated between private employment agencies and user enterprises in accordance with Article 12.

Articles 8, 10 and 14. Migrant workers. Infringements. Adequate remedies. The Committee notes that no information has been provided on the application of Articles 8, 10 and 14 of the Convention. The Committee once again requests the Government to provide information on the number and nature of any infringements reported and penalties imposed in relation to abuses and fraudulent practices in recruitment, placement and employment of migrant workers. Please also provide information on whether bilateral agreements with other member States have been concluded to prevent abuses and fraudulent practices in recruitment, placement and employment of migrants. The Committee also requests the Government to provide a general appreciation on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Article 13. Cooperation between the public employment service and private employment agencies. The KNSB/CITUB welcomes the introduction of a new information and communication system in March 2015 as an important step to improve the Government’s control over and communication with temporary work agencies. The KNSB/CITUB deplores a lack of concrete objectives and measures in the National Employment Action Plan 2015 for the cooperation between the Employment Agency and private employment agencies. In this regard, the KNSB/CITUB considers that the system in question constitutes a step toward the improvement of the supervision of the relevant agencies. The KNSB/CITUB nevertheless hopes that this information system will enable the competent authorities to access sufficient information pertaining to the activities of private employment agencies as contemplated in Article 1(1)(a) of the Convention. In this regard, the Government indicates that, while previously information on persons mediated into employment has been submitted to the Employment Agency on a quarterly basis, the changed legislative framework regulating intermediation activities enables the competent authorities to obtain up-to-date information about the activities of private employment agencies in general. Furthermore, the Government indicates that, as part of the National Employment Action Plan 2015, the Employment Agency has intensified partnerships with mediation agencies and temporary work agencies to bring unemployed persons more effectively into employment. Consequently, by 15 April 2015, the Employment Agency had concluded cooperation agreements with 33 of the 115 certified temporary work agencies. Such agreements resulted in the employment of 2,918 unemployed persons in the period 2012 to 31 May 2015. The Committee requests the Government to continue to provide information on the conditions to promote efficient cooperation between the Employment Agency, including local employment agency offices, and all private employment agencies and how these are formulated, established and periodically reviewed.