Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the report submitted by the Government. The Committee also notes the comments made by the Confederation of the Independent Trade Unions of Bulgaria (CITUB) and the Union of Private Bulgarian Entrepreneurs - Vazrazdane, which were transmitted by the Government with its report.

Article 3 of the Convention. Negotiated minimum services. In its previous comment, the Committee examined section 51 of the Act on railway transport of 2000. Under this provision, in case of a strike action under the Act regarding the settlement of collective labour disputes, workers and their employers are obliged to provide satisfactory transport services to the population, of no less than 50 per cent of the volume of transportation which was provided before the strike was undertaken. The Committee considered that this minimum requirement of 50 per cent of the volume of transportation might excessively restrict the right of railway workers to undertake industrial action. It therefore requested the Government to indicate the measures taken or envisaged to amend section 51. The Committee notes that the Government’s report does not provide any specific information concerning the matter but indicates that the working group established to amend the Act regarding the settlement of collective labour disputes will address the issue of the minimum service in case of strike action. The Committee recalls in this respect that the establishment of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests. The service must therefore be genuinely and exclusively a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161). Furthermore, workers’ organizations should be able, if they so wish, to participate in negotiations on the definition and organization of a minimum service and, where no agreement is possible, the matter should be referred to an independent body (see General Survey, op. cit., paragraph 161). The Committee trusts therefore that, within the context of the working group’s discussions on minimum services, the Government will take the necessary steps so as to address the need to amend section 51 of the Act on railway transport, in line with these considerations and it requests the Government to keep it informed in its next report of the specific measures taken in this regard.

Article 3. Right of workers’ and employers’ organizations to organize freely their activities without interference of the public authorities. The Committee notes that the recognition of representative organizations at the national level falls within the competence of the Council of Ministers under section 36 of the Labour Code, that this recognition is made according to the criteria set out in sections 34 and 35, and that in case of refusal, the organizations concerned can challenge the decision of the Council of Ministers before the Supreme Administrative Court. Further, under section 36a, three years after an organization has been recognized as representative, the Council of Ministers, at its initiative or upon proposal of the National Council for tripartite partnership, can carry out an inspection on the representativeness of this organization. An appeal before the Supreme Administrative Court is also provided in such instances. The Committee requests the Government to communicate a copy of the regulations (or of any draft) concerning the application of the representativeness criteria and to indicate how, in practice, it has carried out, or intends to carry out, the inspection mentioned in section 36a. Finally, the Committee requests the Government to indicate the manner in which organizations that are not considered to be representative may request a review of their status after a reasonable period has elapsed since the last election.

Article 4. Dissolution of workers’ and employers’ organizations. In its report the Government indicates that, under the Non-Profit Making Companies Act, the dissolution of workers’ and employers’ organizations is to be regulated by a separate Act and that until its entry into force, the Non-Profit Making Companies Act will apply. The Committee notes also the comments of the CITUB that the separate Act has not been adopted yet. The Committee requests the Government to provide information on the matter as well as a copy of the Non-Profit Making Companies Act or any text applicable specifically to the dissolution of occupational organizations.