Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) and the Confederation of Independent Trade Unions of Bulgaria (CITUB). The Committee requests the Government to provide its observations in this respect.

The Committee notes the discussion in the Conference Committee on the Application of Standards in June 2008 on the application of the Convention. In particular, it notes that the Government intends to resolve issues relating to the right to strike with ILO technical assistance and through tripartite consultation. According to the Government, the provision prohibiting strikes in the energy, communications and health sectors has not been applied since 2006. Furthermore, the Government is prepared to reopen the debate once again on the right to strike of public servants with a view to reaching an acceptable solution.

The Committee notes that the Government’s report has not been received. The Committee recalls that it has been referring for years to the need to amend the following provisions:

–           section 11(2) and (3) of the Collective Labour Disputes Settlement Act, which provide that the decision to call a strike shall be taken by a simple majority of the workers in the enterprise or the unit concerned, and section 11(3) which requires the duration of the strike to be declared;

–           section 51 of the Railway Transport Act of 2000, which provides that, where industrial action is taken under the Act, the workers and employers must provide the population with satisfactory transport services corresponding to no less than 50 per cent of the volume of transportation that was provided before the strike. The Committee recalled previously that, as the establishment of too broad a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, workers’ organizations should be able to participate in defining such a service, along with employers and the public authorities; in cases where agreement is not possible, the issue should be referred to an independent body; and

–           the restrictions on the right to strike of public servants under the terms of section 47 of the Civil Servant Act, including public servants who cannot be considered as exercising authority in the name of the State.

The Committee hopes that, in accordance with the commitments made by the Government, it will be in a position to note additional progress in relation to the issues raised. It hopes that the technical assistance requested by the Government will be provided as soon as possible.

The Committee requests the Government to provide the legal text which repealed the prohibition on strikes in the energy, communication and health sectors.