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

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

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The Committee notes the observations of the Association of the Organizations of Bulgarian Employers (AOBE), received on 29 August 2023. The AOBE refers to the letter dated 14 July 2023 sent by the Government to the ILO Director General supporting the request of the Workers’ group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for urgent discussion and decision on a referral to the International Court of Justice for an advisory opinion concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in relation to the right to strike. In this respect, the AOBE expresses its deep concern that the Government did not undertake effective consultations with the social partners on this important matter prior to sending its letter. The AOBE concludes that the Government failed to comply with the Convention and undermined its voice as the most representative employers’ organization and hindered tripartism in the country. The Committee requests the Government to provide its comments in this regard.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government regarding the tripartite consultations held between 2019 and 2023 on matters covered by Article 5(1) of the Convention. In particular, the Government reports that workers’ and employers’ organizations have been consulted with regard to: (i) questionnaires on the International Labour Conference agenda items and the composition of the country’s delegation during the 109th, 110th, and 111th sessions of the International Labour Conference; (ii) the reports on ratified Conventions to be submitted to the Office in accordance with Article 22 of the ILO Constitution; (iii) the possibility of ratifying the Collective Bargaining Convention, 1981 (No. 154). Regarding the latter, the Government indicates that a ministerial working group with the participation of the social partners prepared a detailed analysis reviewing the existing special legislation to identify the specific measures and commitments for the implementation of the requirements arising from the provisions of Convention No. 154. The Government reiterates that tripartite consultations are held regularly within the National Council for Tripartite Cooperation (NCTC) on labour and employment related issues, and that tripartite cooperation and consultations by sectors, industries, districts and municipalities are carried out by sectoral, branch, district, and municipal Tripartite Cooperation Councils. The Government further refers to the existence of other tripartite bodies at the national level, such as the Supervisory Board of the National Social Insurance Institute and the National Council on Working Conditions. Lastly, the Committee notes the detailed information provided by the Government regarding the tripartite consultation held on measures taken to address the negative impact of the COVID-19 pandemic on employment. The Committee requests the Government to continue to provide detailed information on the nature and the outcome of the tripartite consultations heldduring the reporting period on each of the matters covered by Article 5(1) of the Convention.