Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report and the coming into force of the new Constitution of the Republic of Bulgaria, of 13 July 1991, which enshrines trade union rights (section 49) and the right to strike (section 50). It also notes the Act of December 1992 to amend the Labour Code and the Ministry of Internal Affairs Act of July 1991, and proposes to examine the contents at its next session.

With reference to its previous comments on section 11(2) of the Act of 6 March 1990 respecting the settlement of collective labour disputes, which provides that the decision to go on strike must be made by the majority of all the workers in the respective enterprise or unit, the Committee takes due note of the Government's indication in its report that it will take into account the Committee's opinion that it would be more appropriate for this decision to be taken by the majority of workers taking part in the vote. The Committee requests the Government to indicate in its next report any measure that has been taken or is envisaged to amend section 11(2) of the Act of 6 March 1990 in line with its comments.

With regard to its previous comments concerning section 16(4) of the same Act, which prohibits strikes in the health, electricity and communications sectors, the Committee notes that, according to the Government's report, the Act on the settlement of collective disputes only provides for a voluntary arbitration procedure (at the request of the two parties - sections 5-8 and 14) which, up to now, has not yet been used. The Government adds that the above Act does not contain specific provisions setting out procedures for the settlement of disputes in the above sectors. The Committee also notes the Government's statement that it intends to call upon the ILO for assistance with the objective of training people in conciliation and arbitration and making the necessary amendments to the Act on the settlement of collective disputes. The Committee hopes that the national legislation will soon contain the appropriate guarantees to protect workers who are deprived of an essential means of defending their occupational interests and that the prohibition on strikes in the above sectors will be offset by adequate, impartial and speedy conciliation and arbitration procedures, in which the parties concerned can take part at every stage (paragraph 214 of the 1983 General Survey on Freedom of Association and Collective Bargaining). It requests the Government to indicate any progress achieved in this respect in its next report.

[The Government is asked to report in detail for the period ending 30 June 1993.]