Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Also referring to its observation on the efforts made by the Government to improve the labour inspection system, the Committee notes that the restructing of the General Labour Inspectorate is continuing. The Occupational Safety and Health Directorate has been established and further training on integrated inspection has been provided. The Committee would be grateful if the Government would provide updated information in its next report on the measures that are being taken as a result of ILO project BUL/98/Mo3/FRG, as well as the impact of the tripartite cooperation agreement on the work of the labour inspection services.

The Committee notes from the annual labour inspection report for 2003 that some problems persist, such as the shortage of labour inspection staff compared to the burden entrusted to them, the inadequacy of the implementation of certain legal provisions in certain areas and industrial activities and difficulties arising out of the current structural and legal changes. It therefore asks the Government to supply additional information on the following points.

Article 3, paragraph 2, of the Convention (Additional functions and duties). The Committee notes that, in addition to tasks directly relating to working conditions and the protection of workers, labour inspectors have to supervise procedures relating to cases of mass dismissal, the application of the Employment Promotion Act, the use of funds granted under employment programmes, compliance with the law on job placement services and the employment of young workers. In addition, supervision  of the registration of employment contracts, previously performed by the National Insurance Institute, has been transferred to the labour inspectorates, which are also in charge of issuing authorizations and permits and registering collective agreements.

The Committee observes that the primary duties of the labour inspection services have also been expanded under the new legislation, in particular in the area of occupational safety and health (supervision of the employer’s obligation to assess and eliminate risks and to harmonize working conditions with safety standards). Much of the information provided in this regard in the annual report highlight the lack of adequate managerial expertise and awareness of labour law and OSH legislation among employers, particularly in SMEs. In addition, despite the significant technical and technological renewal in many economic sectors, outdated machinery and installations are still used in some production activities, which is harmful and hazardous for workers. Referring to the Government’s report on the application of Conventions Nos. 138 and 182, the Committee also notes that inspectors are entrusted with supervision of the employment of young persons who have not yet reached the age of admission to employment.

Moreover, it is emphasized in the annual labour inspection report that inspectors spend too much of their time verifying documents relating to labour relations issues. Emphasis is also placed on the need for additional: (i) qualified staff in the various legal areas; (ii) technical training; and (iii) financial resources to improve to performance of primary labour inspection duties.

The Committee recalls that, pursuant to Article 3, paragraph 2, additional duties entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way their authority. The Committee would be grateful if the Government would continue to provide information on the measures taken or envisaged with a view to meeting the requirements of this provision of the Convention, taking also into account those of Articles 9, 10 and 16.

Noting also the regional ILO project PROTECT-CEE, which commenced in April 2004 to improve the capacities of national institutions and organizations to apply Convention No. 182, the Committee recalls the recommendations made in its 1999 general observation. It asks the Government to provide information on the role of the labour inspection services within this project and on the results attained. Moreover, it requests the Government to indicate the reasons for the increase in the number of authorizations issued by the inspection services in 2003 for the employment of young persons, as reported in the annual report.

With regard to the measures taken within the project to strengthen the administrative capacity of the EAGLI, the Committee requests the Government to keep the ILO informed of the project’s impact on the Bulgarian labour inspection system.

Article 12 of the Convention (Right of the inspectors to enter freely and without previous notice any workplace liable to inspection). Noting that under paragraph 2 of this Article, inspectors have to inform the employer or her/his representative of their presence on the occasion of an inspection visit, unless they consider that such notification may be prejudicial to the effectiveness of the inspection, the Committee asks the Government to indicate whether full effect is given to this provision. If no relevant measure has yet been taken, the Government is asked to ensure that the law and practice is modified in this respect and to provide information on this subject.

Article 15(c) (Obligation of confidentiality). According to the information provided, the authority of labour inspectors would appear to be undermined by the fact that employees are not obliged to present identification papers and other personal documents on request. The Committee emphasizes that it is necessary for labour inspectors to be able to guarantee, within the limits provided for by law, the confidentiality of the identity of the author of any complaint, as provided for in Article 15(c). For the same purpose, under Article 12, paragraph 1(c)(i), labour inspectors should be entrusted with broad powers to conduct investigations with both employers and workers. In this regard, the Committee emphasizes the need to invest them with the right to interrogate the employer, her or his representative and workers, within the limits of their powers, alone or in the presence of witnesses. The above provisions are intended to promote the climate of confidence that is necessary in the relations between labour inspectors and their clients. The Convention does not provide for the right of an inspector to require workers to produce their identity documents. Nevertheless, in some cases, subject to exceptions made by national laws or regulations, as provided by the preliminary provision of Article 15, the identity of the persons interrogated by inspectors has to be ascertained so that the necessary measures can be taken.

Articles 13, 17 and 18 (Warnings and legal proceedings; adequate sanctions). The Committee notes the statement in the annual report that violations of the labour legislation may be penalized by severe sanctions. However, it is considered that the supervision of the application of legal provisions relating to health is considered not to be strict enough in certain regional labour inspectorates. The Committee asks the Government to take appropriate measures to ensure that the labour inspection services perform their duties relating to conditions of work and the protection of workers in the same way throughout the country.