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Workers with Family Responsibilities Convention, 1981 (No. 156) - Bulgaria (Ratification: 2006)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Protection from discrimination on the ground of family responsibilities. Public and private sector. The Committee notes the Government’s indication, in its report, that, during the period 2021-2022, there have been no cases of discrimination in employment and occupation based on family responsibilities under the Civil Servants Act, and that a review of compliance with the legislation revealed no violations under Article 63 of the Civil Servants Act and Art. 8, para. 3 of the Labour Code. The Committee asks the Government to continue 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 available remedies.

Article 4. Leave entitlements. The Committee recalls that the Labour Code provides for six months’ parental leave to both fathers and mothers (section 167(a)), 15 days’ paternity leave for the father where both mother and father are married or live in the same household (section 163(7)) and, after the child has reached the age of 6 months, the father may use the remainder up to 410 days of maternity leave, with the consent of the mother (section 163(8)). The Committee notes with interest the information provided by the Government regarding the adoption of the Law amending and supplementing the Labour Code, effective as of 1 August 2022, which provides for a new individual right to two months paid leave for the father (or adoptive parent) to raise a child up to 8 years of age, to be taken all at once or in instalments, with a monthly allowance of 710 Bulgarian lev (BGN) paid by the State social insurance. The right to the two months leave is only allowed when the recipient has not taken leave transferred by the mother under Articles 163, 164 or 164a of the Labour Code. According to the Government, the new leave for fathers will favour a balanced participation of parents in the care of the child. The Committee notes that no information was provided on the extent to which paternity leave, maternity leave and parental leave have been taken. The Committee notes that, according to the National Insurance Institute’s Statistical Bulletin – Indicators Characterizing the Temporary Inability of Insured Persons –, in 2021, a total of 81,946 people took paid maternity leave, including 326 men. It further notes that a total of 22,088 men took the 15 days paid parental leave, and 77,971 people took paid parental leave of which 712 were men (0.9 per cent whereas they were 1.4 per cent in 2015). The Committee requests the Government to continue to provide statistical data, disaggregated by sex, on the extent to which paternity leave, maternity leave and parental leave have been taken by fathers and mothers, as well as other eligible persons. It also requests the Government to provide information on any proactive measures taken to encourage more men to take parental leave, such as promoting the exercise of shared parental responsibilities through family leave campaigns encouraging men’s engagement in parenting and caring for children, and other immediate family members.

Flexible working-time arrangements. The Committee notes the Governments indication that the Labour Code has several provisions aimed at achieving better working conditions and opportunities for work-life balance including those aimed at the general working population such as part-time work (section 138), flexible working hours (section 139(2)), division of the working day into parts (section 139(4)), homeworking (section 107b-107g), teleworking (sections 107h-107p), and working on certain days of the month (section 114). The government indicates that flexible working hours under section 139(2) of the Labour Code is an organization of working hours in which there is a fixed part of the working time during which workers or employees are obliged to be at the workplace and perform their duties, and the allocation of the other part is determined by the worker or employee. Workers or employees with family responsibilities may propose to the employer a change in the fixed part of the working hours by setting another time of so-called compulsory presence. The Committee notes that section 167b of the Labour Code is a flexible work provision aimed specifically at workers with family responsibilities under which workers, upon returning to work after taking leave for pregnancy and childbirth, paternity, adoption or childcare (sections 163 – 167a of the Labour Code), may propose to the employer a change in the duration and distribution of their working hours for a set period and the employer shall take the offer into consideration where this possibility exists. The Committee further notes the Government’s statement that the above-mentioned Law amending and supplementing the Labour Code amends section 167b of the Labour Code to guarantee the worker the right to receive a reasoned written response from the employer who does not agree with a change to the employment relationship in order to reconcile personal and professional life. The Committee also notes the statistical information provided by the Government regarding unemployed parents accessing part-time work on the primary labour market and through Government programmes. It notes the Government’s indication that every year, the National Action Plan on Employment includes programmes/projects and measures for the placement of unemployed persons, mainly from disadvantaged groups on the labour market, many of which promote part-time employment, such as the National Programme for Employment and Training of Persons with Permanent Disabilities, the Programme for Training and Employment of the Long-term Unemployed, and the Regional Employment Programmes. The Committee asks the Government to continue to provide information on the impact of flexible working-time arrangements on promoting equality of opportunity and treatment for workers with family responsibilities as well as statistical information disaggregated by sex on the practical application of these arrangements, including part-time work and work at home.

Article 5. Childcare and family services and facilities. The Committee notes that no information was provided by the Government in response to its request for information regarding the impact of the Employment Strategy 2013–20 in extending coverage of care services and facilities for children and other dependent members of the family. The Committee notes the information provided by the Government on the 2014-2020 program "Parents in Employment” which supported 8,100 parents by providing childcare and support in entering the workforce. The Committee notes that under the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030, adopted on 30 December 2020, the first priority area is ‘Equality of women and men in the labour market and an equal degree of economic independence’ and that a key action to achieve progress is ‘Achieving a better balance in reconciling professional and personal life and reducing the gap in caring for children and dependent household members’. It further notes that the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022, adopted by the Council of Ministers’ Decision No. 454 on 17 June 2021, implements the above-mentioned strategy. This action plan provides for the following activities: (1) provision of care for children up to 5 years old, not attending nurseries, institutions and preschool groups, for employed and unemployed parents (care is permissible up to 8 hours per day); (2) provision of care for children up to 12 years old, attending nurseries, institutions or school, of unemployed and employed parents with many children (care is permissible up to 4 hours per day); and (3) provision of employment mediation for unemployed parents caring for children up to 5 years of age. The Committee requests the Government to provide detailed information on the content and the impact of the National Strategy for Promoting the Equality of Women and Men for the period 2021-2030 and the National Action Plan for Promoting the Equality between Women and Men for the period 2021-2022 in reducing the gap in caring for children and dependent household members, including recent statistical information indicating the progress achieved.

Article 6. Information and education. The Committee notes that the Government once again does not provide information on the measures directly aimed at raising awareness of the problems encountered by men and women workers with family responsibilities. The Committee therefore requests the Government to provide information on the measures taken to raise awareness of the problems encountered by men and women workers with family responsibilities, such as through media campaigns or seminars for social partners, and to promote a climate conducive to overcoming these problems.

Article 7. Integration in the labour force. The Committee previously noted that sections 53 and 53(a) of the Employment Promotion Act (2001) provide incentives for employers to hire unemployed persons but that that these incentives seem to apply only to mothers or single parents, and appear to not be available to fathers. In this regard, the Committee notes the Government’s response that the incentive measure is an element of the national employment promotion policy, which defines and targets, “persons who face significant barriers to labour market inclusion and need active support” and that, according to section 1, item 4a, of the Additional Provisions of the Employment Promotion Act, “disadvantaged groups on the labour market” are groups of unemployed persons with lower competitiveness on the labour market including unemployed single parents (adoptive parents) and/or mothers (adoptive mothers) with children up to 5 years of age. The Government further indicated that Bulgaria’s employment policy is in line with the guidelines at European level; that the special focus on vulnerable groups requires targeted efforts to remove barriers and disincentives, as well as incentives to participate in the labour market; that measures to close the gender employment gap are also an important focus; and that in this context, the incentive measure under section 53a of the Employment Promotion Act contributes to gender equality, as women are more involved in raising young children and their career development is often interrupted for this reason. The Committee notes the statistical information provided on the implementation of the incentive measure under section 53a of the Employment Promotion Act. The Committee requests the Government to continue to provide information on the application and impact of section 53(a), including the number of unemployed parents who were hired on the basis of these provisions. The Committee also requests the Government to provide information on any other measures taken to enable workers with family responsibilities to become and remain integrated in the labour force.

Article 8. Termination of employment. The Committee notes the information provided by the Government on the provisions of the Labour Code relating to the termination of the employment relationship, and the protection against dismissal provided in section 333 of the Labour Code for workers who take leave under sections 162 and 163 of the Labour Code or for a mother of a child up to 3 years of age. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government indicate any measures taken or envisaged to prohibit explicitly in legislation termination of employment on the ground of family responsibilities. It also once again requests the Government to provide information on any cases relating to the dismissal of workers on the ground of family responsibilities dealt with by the competent authorities, including the courts and the Commission for Protection against Discrimination, and related remedies.

Article 11. Workers’ and employers’ organizations. The Committee notes the general information provided by the Government on the role of workers’ and employers’ organizations in guaranteeing workers’ labour rights, and how tripartite cooperation is implemented within the National Council for Tripartite Cooperation, as well as the sectoral, branch, regional and municipal councils for tripartite cooperation. The Committee notes that while general information on the strengthening of social dialogue is welcome, it requests the Government to provide more specific information on the 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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. National policy. The Committee recalls that a number of measures aimed at facilitating the reconciliation of work and family responsibilities provided for in the Labour Code and the Civil Service Code are available only to women. In this regard, it also recalls the Government’s previous statement that sections 140, 310 and 312 of the Labour Code should be amended to be made available to fathers as well as mothers. It therefore notes with regret that the Government, in its report, appears to reverse this opinion, stating that the prohibition on night work under section 140 is an “expression of the special protection of mothers laid down in article 47, paragraph 2, of the Constitution” and that “the prohibition is therefore linked to established legal principles and the guarantee of the mother’s rights, which is part of the overall legislation.” The Committee further notes the Government’s statement that “under Article 313 of the Labour Code, the mother’s rights under articles 310 and 312 of the Labour Code may be enjoyed by the father when the mother is unable to enjoy them” including “both situations where the mother is objectively prevented from exercising these rights (e.g. illness) and where this would affect her professional development”; and that “the law leaves it to the parents themselves to decide which of the parents should benefit from the rights under Articles 310 and 312 of the Labour Code.” It finally notes the Government’s statement “that Bulgarian legislation grants equal rights to male and female workers or employees with family responsibilities, in accordance with general legal principles.” 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 (1993 General Survey on workers with family responsibilities, paragraph 25). The Committee draws the Government’s attention to the fact that 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 therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. Consequently, the Committee reiterates its request that the Government, with the participation of workers’ and employers’ organizations, take steps to review and amend the legislation with a view to ensuring that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing, and to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Independent Trade Unions in Bulgaria (CITUB) communicated with the Government’s report.

Article 3 of the Convention. National policy. The Committee recalls that a number of measures aimed at facilitating the reconciliation of work and family responsibilities provided for in the Labour Code and the Civil Service Code are available only to women having children, including the possibility of working at home (section 312 of the Labour Code), the requirement of written consent to perform night work or overtime (sections 140 and 147 of the Labour Code, respectively), or for business trips (section 310 of the Labour Code and section 87 of the Civil Service Code), and additional leave for workers with two or more children (section 168 of the Labour Code, which is applicable to employees in the public sector by virtue of section 63 of the Civil Service Code). The Committee notes the CITUB’s repeated observations according to which the abovementioned provisions need to be amended to be made available to men and women workers with family responsibilities on an equal footing. In this regard, the Committee notes the Government’s indication that sections 140, 310 and 312 of the Labour Code should be amended to be made available to fathers as well as mothers. However, the Government indicates that section 168 of the Labour Code does not need to be amended because it considers this to be a special additional leave with a social purpose, to allow the mother to spend more time with her children. The Committee draws the Government’s attention to the fact that 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 therefore considers that the measures taken in favour of workers with family responsibilities should be made available to men and women equally. Consequently, the Committee reiterates its request that the Government, with the participation of workers’ and employers’ organizations, take steps to review and amend the legislation with a view to ensuring that the measures applying the Convention are available to men and women workers with family responsibilities on an equal footing, and to provide information on any progress made in this regard.

Public sector. In its previous comments, the Committee noted that section 63 of the Civil Service Code provides that the entitlements under sections 162–168 of the Labour Code are applicable to employees in the public sector. The Committee takes notes of the Government’s statement that it does not have information on people being prevented from their entitlement under section 63 of the Civil Service Code. The Committee therefore requests the Government to keep it informed on any court cases involving the practical application of section 63 of the Civil Service Code, as well as any other measures taken to apply the Convention in respect of the public sector.

Protection from discrimination on the ground of family responsibilities. The Committee previously noted that according to the CITUB, courts had sanctioned cases of non-compliance of section 8(1) of the Labour Code (which prohibits discrimination based on, inter alia, gender and family situation) by employers. Noting that the Government’s report is silent on this point, the Committee once again 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 available remedies.

Flexible working-time arrangements. In its previous comments, the Committee had noted that section 139(a) 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. It notes that the CITUB repeats its previous observation, indicating that section 139(a) of the Labour Code does not provide for flexible working-time arrangements but instead extends the workday of workers with family responsibilities. The Committee notes that the Government does not reply to the CITUB’s observations. It further notes that the Government refers to an appendix containing statistical information on employees’ working time, disaggregated by sex, but that this appendix is not enclosed in the Government’s report. Finally, the Government indicates that the Employment Agency is improving employment opportunities for parents with children and providing opportunities for flexible working time, but no concrete example to illustrate this statement is provided. Consequently, the Committee requests the Government to indicate the concrete measures taken by the Employment Agency to improve employment opportunities through flexible working time for workers with family responsibilities. It also requests the Government to respond to the CITUB’s observations and to clarify whether section 139(a) of the Labour Code effectively allows for flexible working-time arrangements. Once again, the Committee requests the Government to provide information on the impact of flexible working-time arrangements on promoting equality of opportunity and treatment for workers with family responsibilities as well as statistical information disaggregated by sex on the practical application of these arrangements, including part-time work and work at home.

Article 5. Childcare and family services and facilities. Further to its previous comments, the Committee notes the Government’s indication that the impact of the Updated Employment Strategy 2008–15 (which aims at ensuring adequate national coverage of accessible care for small children and other dependent members of the family) was hampered by the global financial and economic crisis, and that a new Updated Employment Strategy 2013–20 was adopted. The Government further indicates that a “Childminder” scheme was implemented, providing training to 3,513 unemployed persons, of whom 3,498 were hired as babysitters, to allow parents to go back to work. The Committee requests the Government to provide detailed information on the content and the impact of the Updated Employment Strategy 2013–20 in extending coverage of care services and facilities for children and other dependent members of the family, including recent statistical information indicating the progress achieved.

Article 6. Information and education. The Committee previously requested the Government to provide information on the measures taken to promote greater public understanding of the principle of the Convention. It notes the Government’s response that, between 2009 and 2015, two projects were implemented by the Ministry of Labour and Social Policy in which training was delivered to journalists to overcome gender-based stereotypes. The Government refers to the National Strategy to Promote Equality between Women and Men 2016–20 which seeks to change gender stereotypes as one of its key priorities. While the Committee welcomes the Government’s efforts in overcoming gender stereotypes in Bulgarian society, it notes that the Government does not provide information on the measures directly aimed at raising awareness of the problems encountered by men and women workers with family responsibilities. The Committee therefore requests the Government to continue its efforts to promote greater awareness and public understanding of the principle of equality of opportunity and treatment between men and women, and to provide information on the measures taken to raise awareness of the problems encountered by men and women workers with family responsibilities, such as through media campaigns or seminars for social partners, and to promote a climate conducive to overcoming these problems.

Article 7. Integration in the labour force. The Committee recalls that under the national programme “Support motherhood”, which is aimed at promoting women’s participation in the labour market, free childcare for children aged 1–3 years is provided for jobseekers registered with the Labour Office Directorates. It notes the Government’s indication that between 2007 and 2011, a total of 6,755 mothers benefited from the “Support motherhood” programme. The Government further indicates that sections 53 and 53(a) of the Employment Promotion Act (2001) provide incentives for employers to hire unemployed persons who are single parents (or adopters) and/or mothers with children under 3 years of age, as well as unemployed mothers with children between 3 and 5 years of age. The Committee notes that these incentives seem to apply only to mothers or single parents, and appear to not be available to fathers. In this regard, it recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing, which is not the case if fathers benefit from provisions only in the event that they are without a spouse. The Committee requests the Government to consider amending sections 53 and 53(a) of the Employment Promotion Act (2001) to allow all fathers (as opposed to only single fathers) to benefit from this employment incentive. In the meantime, the Committee requests the Government to provide information on the application in practice of sections 53 and 53(a), including the number of unemployed parents who were hired on the basis of these provisions. The Committee also requests the Government to provide information on any other measures taken to enable workers with family responsibilities to become and remain integrated in the labour force, and whether they are available to men and women on an equal footing.

Article 8. Termination of employment. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government indicate any measures taken or envisaged to prohibit explicitly in legislation termination of employment on the ground of family responsibilities. It also once again requests the Government to provide information on any cases relating to the dismissal of workers on the ground of family responsibilities dealt with by the competent authorities, including the courts and the Commission for Protection against Discrimination, and related remedies.

Article 11. Workers’ and employers’ organizations. The Committee notes that no information was provided on this point and therefore once again 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the communication from the Confederation of Independent Trade Unions in Bulgaria (CITUB), attached to the Government’s report.

Public sector. The Committee notes that section 63 of the Civil Service Code provides that the entitlements under sections 162–168 of the Labour Code are applicable to employees in the public sector. The Committee asks the Government to provide information on the practical application of section 63 of the Civil Service Code, as well as any other measures taken to apply the Convention in respect of the public sector.

Protection from discrimination on the ground of family responsibilities. The Committee recalls that section 8(1) of the Labour Code prohibits discrimination based on, inter alia, gender and family situation. The Committee notes the information provided by the CITUB concerning the court decisions, which according to the CITUB illustrates discrimination against workers with family responsibilities. The Committee asks the Government to provide its reply to the observation from the CITUB, and 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 available remedies.

Article 4. Leave entitlements. The Committee recalls that section 167(a) of the Labour Code provides that six-months’ parental leave is available to both fathers and mothers. The Committee notes with interest the amendments made to section 163(7) of the Labour Code, which now provides for 15 days’ paternity leave for the father where both mother and father are married or live in the same household. The Committee also notes that pursuant to section 163(8) of the Labour Code, after the child has reached the age of 6 months, the father may use the remainder up to 410 days of maternity leave, with the consent of the mother. The Committee asks the Government to provide detailed information, including statistical data, on the extent to which paternity leave, maternity leave and parental leave under sections 163(7), 163(8) and 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 information on any measures taken with regard to other immediate family members.

Flexible working-time arrangements. The Committee notes the observation of the CITUB indicating that section 139(a) of the Labour Code does not provide for flexible working-time arrangements, with which the Government agrees. The Committee notes the Government’s indication that under the “Social innovations in the enterprises” scheme, approximately Bulgarian lev (BGN) 38 million has been allocated to support single parents and parents with children under 3 years of age in flexible forms of employment, including working half time. The Committee also notes that Law No. 33 of 2011 supplementing the Labour Code concerning conditions for work at home was adopted (Chapter 8(a), section 107(b)–(g) of the Labour Code), and that the Government indicates that this amendment was based on a consultation with workers’ and employers’ organizations. The Committee asks the Government to provide information on the practical application of the flexible working-time arrangements, including half-time work and work at home including statistical information disaggregated by sex, and the impact of these arrangements on promoting equality of opportunity and treatment for workers with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee recalls the Updated Employment Strategy 2008–15, which aims at ensuring adequate national coverage of accessible care for small children and other dependent members of the family. The Committee notes the Government’s indication that BGN64 million has been used to finance the “Back to work” scheme under the Human Resource Development Operative Programme. For the period 2009–12, the scheme has aimed at training 8,500 babysitters and 8,000 persons to be employed in childcare, and as of May 2011, 1,138 families with small children used the assistance under this scheme. The Committee asks the Government to provide detailed information on the impact of the Updated Employment Strategy 2008–15, including statistical information indicating the progress made in extending coverage of care services and facilities for children and other dependent members of the family.

Article 6. Information and education. The Committee notes the 2009–15 National Strategy for Gender Equality Promotion, the implementation of which is coordinated by the Ministry of Labour and Social Policy. While this National Strategy sets reconciliation of professional and family obligations as one of the objectives of the gender equality policy, the Committee observes that no further information is provided as to measures taken to promote information and education engendering broader public understanding of the principle of equality of men and women workers and the problems of workers with family responsibilities. The Committee asks the Government to take measures to promote greater awareness and public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by men and women workers with family responsibilities and to promote a climate conducive to overcoming these problems.

Article 7. Integration in the labour force. The Committee notes the Government’s indication that under the national programme “Support motherhood”, which is aimed at promoting women’s participation in the labour market, free childcare for children aged 1 to 3 is provided for jobseekers registered with the Labour Office Directorates. The Committee asks the Government to provide information on the impact of the national programme “Support motherhood”, including the number of beneficiaries of the programme, and to indicate any other measures taken to enable workers with family responsibilities to become and remain integrated in the labour force, and whether they are available to men and women on an equal footing.

Article 8. Termination of employment. The Committee notes the Government’s indication that family obligations may not constitute a legal justification for termination, and that there have been no decisions by the competent authorities including the courts and the Commission for Protection against Discrimination concerning termination of employment due to workers’ family obligations. The Committee asks the Government to indicate any measures taken or envisaged to prohibit explicitly in legislation termination of employment on the ground of family responsibilities. It also asks the Government to provide information on any cases relating to dismissal of workers on the ground of family responsibilities dealt with by the competent authorities, including the courts and the Commission for Protection against Discrimination, and related remedies.

Article 11. Workers’ and employers’ organizations. The Committee notes the Government’s indication that the legislative amendments concerning work at home were based on a national agreement between workers’ and employers’ organizations, which was concluded in November 2010. The Committee requests the Government to continue 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.

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

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 previous direct request, which read as follows:

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.

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

The Committee notes the Government’s first report and requests it to provide further information in reply to the comments below.

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.