Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Private Employment Agencies Convention, 1997 (No. 181) - Bulgaria (Ratification: 2005)

Other comments on C181

Observation

2016

Direct Request

2014
2013
2011
2010
2008

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Articles 1(1)(b), 11 and 12 of the Convention. Services provided by the agencies covered by the Convention. Allocation of responsibilities in regard to the protection of workers. In reply to the previous comments, the Government indicates that the Act supplementing the Labour Code, published in the State Gazette No. 7/2012, regulates the specific labour relations between the agencies providing temporary employment, workers and employees, and the user enterprises. The Government indicates that legislative changes were aimed at aligning the Bulgarian legislation with the provisions of the Convention and Directive 2008/104/EC on temporary agency work. In this regard, the Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (KNSB/CITUB), included in the Government’s report, stating that the legislative amendments were aimed at ensuring adequate protection of workers or employees and are aligned with the provisions of the Convention. The Government further indicates that the Employment Promotion Act regulates the terms and procedures for registration of agencies providing temporary employment. The Committee notes that temporary employment agencies can perform their activities following registration with the Employment Agency. The Committee invites the Government to continue to provide information indicating how the applicable legislation has ensured adequate protection for workers in temporary work agencies working for user enterprises.

Article 8. Measures to provide adequate protection for migrant workers and prevent abuses and fraudulent practices in their recruitment, placement and employment. The Committee once again requests the Government to provide information on the number and nature of any infringements reported and penalties imposed in relation to abuses and fraudulent practices in recruitment, placement and employment of migrant workers.

Articles 10 and 14. Adequate remedies. The Committee notes that 528 violations were found with respect to temporary employment agencies. It also notes from the observations of the KNSB/CITUB that it has received information from the Employment Agency stating that, as of 31 January 2014, there were 56 registered enterprises providing temporary employment. The Employment Agency has concluded a cooperation and joint activities agreement with 21 agencies. Only the latter provide the Employment Agency with a reference for the number of hired unemployed people registered in national labour offices, and for a three-month period, too. Since the conclusion of the agreements in 2012, 1,564 unemployed people registered in labour offices got a job and 1,344 in 2013. The Committee invites the Government to provide a general appreciation on the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Article 13. Efficient cooperation between the public employment service and private employment agencies. The KNSB/CITUB indicates that the Employment Agency does not keep records of the necessary information about the jobs offered by the registered enterprises providing temporary employment. In this regard, the Committee recalls that private employment agencies shall, at intervals to be determined by the competent authority, provide to that authority the information required by it, with due regard to the confidential nature of such information: (a) to allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices; (b) for statistical purposes (Article 13(3)). The Committee invites the Government to provide information on the manner in which efficient cooperation between the Employment Agency, including local employment agency offices, and private employment agencies is promoted and reviewed periodically. Please also include information on the measures taken to ensure that the competent authority receives relevant information on the activities of the private employment agencies.