Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2008 direct request, which read as follows:

The Committee notes the first report on the application of the Convention received in October 2007.

1. Article 1(1)(b) of the Convention. Services of user enterprises. The Committee notes the Government’s statement indicating that it has not yet adopted an overall legal order that would regulate the specific conditions for services in the sense of this provision. User enterprises are presently partially regulated under the Healthy and Safe Working Conditions Act and the regulations in connection with its application. The Government also indicates that a draft act is currently being prepared by a working group with the participation of the social partners. The Committee invites the Government to provide information on the manner in which the Healthy and Safe Working Conditions Act and the regulations for its application regulate the provision of services as described in Article 1(1)(b) of the Convention. Please supply additional information on any new legislative text adopted to give effect to the Convention (Part I of the report form).

2. Article 5(2). Assistance to the most disadvantaged workers. The Committee notes that section 31(1) of the Employment Promotion Act (EPA) provides for employment programmes for general training and vocational training of disadvantaged groups. The Committee invites the Government to provide information on special services or targeted programmes of private employment agencies designed to assist the most disadvantaged workers in their job-seeking activities, as appropriate.

3. Article 8. Measures to provide adequate protection for migrant workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. The Committee notes that section 70 of the EPA requires all foreigners wishing to work in Bulgaria to be in possession of a work permit. It further notes that, according to section 70(2) of the EPA, a work permit is issued by the National Employment Agency but only if the conditions of work and pay offered are no less favourable than the conditions available to Bulgarian citizens for the relevant work category (section 71(1)(3) of the EPA) and where the remuneration sufficiently enables such persons to sustain themselves in Bulgaria (section 71(1)(4) of the EPA). Further, section 68(1) of the EPA requires the Ministry of Labour and Social Policy to foster cooperation with those public authorities of other States responsible for the monitoring of the conditions for job placement and to exchange with these authorities, information regarding the national labour legislation and the legislation governing the placement of foreigners. Section 81 of the EPA provides for penalties on, including the closure of, private employment agencies which engage in activities not in accordance with the law. The Committee invites the Government to provide in its next report practical information on the implementation of the legislation enacted. It also invites the Government, where applicable, to indicate the bilateral agreements concluded to prevent abuses and fraudulent practices in recruitment, placement and employment of migrant workers.

4. Article 13. Cooperation between the public employment service and private employment agencies and sharing of information. The Committee invites the Government to provide practical information on the conditions of cooperation between the public employment service and the private employment agencies. It further invites the Government to provide in its next report examples of the information provided to the Ministry of Labour and Social Policy by the private employment agencies. Please report on the content of this information, how it is compiled and how, and at which intervals, it is made publicly available.

5. Article 14. Adequate remedies. Practical information. The Committee invites the Government to supply examples of the remedies provided in cases of violations of the Convention including extracts of inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention (Part V of the report form).