Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

Article 3 of the Convention. The Committee notes that a number of measures aimed at facilitating the reconciliation of work and family responsibilities provided for in the legislation and collective agreements are available to women having children, rather than to both men and women workers with family responsibilities (e.g. the possibility to work from home; the requirement of written consent to perform overtime or night work; agreement for being sent on business trips; additional paid leave; and, in certain cases, dismissal only with the authorization of the labour inspectorate).

The Committee recalls that the Convention has the dual objective of creating equality of opportunity and treatment in working life between men and women with family responsibilities, on the one hand, and between men and women with such responsibilities and workers without such responsibilities, on the other (General Survey of 1993 on workers with family responsibilities, paragraph 25). Accordingly, measures addressing the needs of workers with family responsibilities should be available to men and women workers on an equal footing. The Committee considers that legislation reflecting the assumption that the main responsibility for family care and the household lies with women, thus reinforcing stereotypical attitudes regarding the roles of men and women and existing gender inequality, runs counter to the objectives of the Convention. The Committee requests the Government, with the participation of workers’ and employers’ organizations, to review the measures concerned, and to ensure that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing. It asks the Government to provide information on the outcome of this review and the follow-up measures taken.

Public sector. The Committee requests the Government to provide more detailed information on the measures taken to apply the Convention in respect of the public sector.

Protection from discrimination based on family responsibilities. The Committee notes that the Labour Code prohibits discrimination based on, inter alia, gender and family situation (section 8(1)), and that the Protection against Discrimination Act prohibits discrimination in employment based on, inter alia, sex, personal status, marital status, and “any other ground established by law or an international treaty to which the Republic of Bulgaria is a party” (section 4(1)). The Committee requests the Government to provide information on any cases relating to discrimination in employment and occupation based on family responsibilities that have been dealt with by the courts, the labour inspectorate or the Commission for Protection against Discrimination and related remedies.

Article 4. Leave entitlements. The Committee notes the introduction in 2008 of paternity leave up to 15 days during which social security benefits to the amount of 90 per cent of the average remuneration are received (section 163(7) of the Labour Code). It also notes that, for the first time, a period of six months of parental leave in respect of children between 2 and 8 years of age, which is available to fathers and mothers on an equal footing has been granted, although this leave is unpaid and no social security benefits are provided (section 167(a)). The Committee further notes that care leave in respect of children less than 2 years of age as provided for in sections 163 and 164 is available to women workers, whereas men may take such leave only with the mother’s consent. The Committee requests the Government to provide detailed information, including statistical data, on the extent to which paternity leave and parental leave under section 167(a) of the Labour Code have been taken by fathers and mothers, as well as other eligible persons. It also asks the Government to provide such information with regard to other forms of leave under sections 163 and 164 of the Labour Code.

The Committee notes that paternity leave under section 163(7) of the Labour Code is conditional on the father being married to and sharing a household with the mother. While it may appear reasonable to require a common household of the mother and the father, marital status is unrelated to the objectives of paternity leave and may therefore be discriminatory. The Committee requests the Government to indicate the reasons for making paternity leave conditional on marital status.

Working time. The Committee notes that section 139(2) of the Labour Code and section 16A of the Civil Service Act provide for the possibility to arrange flexible working hours. In addition, section 139a of the Labour Code provides for the establishment by employers of lists of positions to which flexible working hours apply, after consultation with trade unions. The Committee requests the Government to provide more detailed information on the implementation of these provisions in practice and indications as to the overall prevalence of flexible working time arrangements.

Article 5. Care service and facilities. The Committee notes that the Up-dated Employment Strategy of the Republic of Bulgaria 2008–15 aims at adequate national coverage of accessible care for small children and other dependent members of the family. The Committee requests the Government to provide detailed information on the measures taken to achieve this objective and statistical information indicating the progress made in extending coverage of care services and facilities for young children and other dependent members of the family.

Article 6. Information and education. The Committee notes from the Government’s report that a number of policy documents and action plans emphasize the importance of reconciling work and family responsibilities, the need to raise awareness of gender equality and the importance of overcoming related stereotypes. The Committee recalls that this Article requires the competent authorities and bodies to take appropriate measures to promote information and education engendering broader public understanding of equality of men and women workers and the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming them. The Committee requests the Government to indicate the authorities and bodies responsible for information and education on equality of men and women workers and regarding workers with family responsibilities and to provide detailed and specific information on the action taken by them to promote greater awareness, public understanding and a climate conducive to overcoming existing difficulties for men and women workers with family responsibilities.

Article 7. Measures to enable workers with family responsibilities to become and remain integrated in the labour force. The Committee notes from the Government’s report that the Government is promoting better reconciliation of work and family responsibilities through extending “flexible forms of employment”. The Committee requests the Government to provide further information on the forms of flexible employment that are being promoted for workers with family responsibilities.

Article 8. Termination of employment. The Committee notes that, under the Labour Code, the employer may terminate the employment contract only in the cases listed in sections 328 and 330. The Committee asks the Government to confirm that the prohibitions of discrimination based on family responsibilities referred to above apply in respect of termination of employment, to indicate the legal remedies in case of discriminatory dismissal, and to provide information on any cases relating to dismissal of workers due to their family responsibilities dealt with by the competent authorities.

Article 10. The Committee notes the Government’s statement that the measures under this Convention apply to all workers. Therefore, the Committee concludes that there is no intention to apply the Convention by stages.

Article 11. Under this Article, the Government provided general information on the functioning of the Tripartite Cooperation Councils. The Committee requests the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.