2010 Annual Survey of violations of trade union rights – Bulgaria

Population: 7,500,000
Capital: Sofia
ILO Core Conventions Ratified: 29 – 87 – 98 – 105 – 111 – 138 – 182

Organising is difficult, and unions often have to fight for real recognition. A union activist was fired after giving an interview about dire working conditions in the company. Public servants are excluded from many trade union activities, and the right to strike is limited.

Trade union rights in law

Despite decisions by the ILO and the Council of Europe, trade union rights are still not fully guaranteed. The Constitution provides for freedom of association, however foreign workers need prior authorisation to form a union. Furthermore, although workers are protected against anti-union discrimination, the burden of proof rests with the employee. There are also no provisions that protect trade unions against acts of interference in their internal affairs.

Collective bargaining is allowed, but not for public servants.

The right to strike is limited by several restrictive provisions. The duration of the strike must be announced in advance, strikes can only be called in connection with collective disputes and after the exhaustion of all dispute resolution procedures, and public servants may only engage in “symbolic strikes”, which means displaying signs and protest banners. In sectors where the right to strike is banned, there are no alternative dispute resolution mechanisms. Also, the right to strike is circumscribed by requirements on the establishment of a minimum service, which in the railway sector amounts to an inordinate 50%.

Trade union rights in practice and violations in 2009

Background: In June, thousands of trade unionists marched against the government’s inability to tackle the economic crisis. While the previous government had resisted the social partners’ involvement in preparing anti-crisis policies, the new government elected in July strived to restore the dialogue. In October, in light of a growing informal economy and continuing violations of the labour law, the General Labour Inspectorate and two national trade union confederations, Podkrepa and the Confederation of Independent Trade Unions CITUB, signed a cooperation agreement seeking to protect and enforce workers’ rights better.

Still no labour courts: In March 2004, the government announced it was examining the possibility of setting up specialised labour courts. The process has continued with ILO assistance.

Frequent harassment: In recent years, unions have reported frequent cases of discrimination and harassment against trade union activists and members, who have been relocated, downgraded or sacked. This has created fear and insecurity, often making workers reluctant to join a trade union. The legal proceedings for the reinstatement of dismissed workers can take a long time, sometimes years, while the sanctions against employers for unfair dismissal are too weak to be dissuasive. In the private sector, some employers have simply banned trade union membership within their enterprise and have forced newly employed workers to sign declarations that they will not establish or join trade unions. Temporary employment contracts are increasingly being used to prevent workers from demanding their rights.

Organising problematic in multinationals: Organising is especially difficult at new sites of multinational companies. Although some workers in the more recently opened establishments of the Metro commerce chain and plants of American Standard have joined trade unions, it is still very difficult to obtain real union recognition. Multinationals also rarely respect applicable sector-level collective agreements.

Mapa Cengiz – workers organise to fight injustice: Mapa Cengiz, a Turkish company involved in the construction of the “Lyulin” motorway, was reported for disregarding the labour law, including provisions on working time and health and safety. In August, workers established a union affiliated to the Confederation of Independent Trade Unions of Bulgaria (CITUB). The employer opposed all trade union initiatives: CITUB was not provided with internal health and safety regulations, the company refused to answer union representatives’ inquiries and to provide facilities for trade union representatives, collective bargaining meetings were delayed, and management interfered in the organisation of trade union work. One of the trade union secretaries was fired after giving a television interview on the working conditions in the company. However, following several labour inspections and meetings with representatives of the government, the union managed to achieve some improvement in the working conditions.

Update on complaint against teachers’ trade union: The case against the two leaders of the teachers’ unions who were accused of discrimination by an association of parents is still pending in the administrative court. The 2009 edition of the Survey reported that, following large-scale strikes of education professionals in public schools, the union leaders were accused of discriminating against public schools’ students since private schools were not affected by the strikes. Trade unions believe that this trumped-up complaint was an attempt to curtail the teachers’ right to strike.

source: http://www.unhcr.org/refworld/country,,ITUC,,BGR,,4c4fec8bc,0.html

2009 Annual Survey of violations of trade union rights – Bulgaria

Population: 7,600,000
Capital: Sofia
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

The blanket prohibition of strikes in public administration remains in force despite the decisions of the ILO and the Council of Europe. A group of individuals tried to charge the leaders of striking trade unions under anti-discrimination provisions. A woman trade union leader was attacked, possibly connected to her trade union activities.

Trade union rights in law

Freedom of association: The constitution provides for the right of all workers to form or join trade unions, with the exception of the military. Public servants are covered by a separate law, which recognises their freedom of association. The Council of Europe criticised Order No. 1 of 15 August 2002, which stipulates that foreign workers can be founders of a trade union subject to prior authorisation.

Bargaining rights not recognised in public sector: Collective bargaining is allowed for private sector workers. The Civil Servants’ Act denies public servants the right to collective bargaining.

Where collective agreements are concluded between representative trade unions and employer organisations at the sectoral level, they can be extended to cover all enterprises in the sector, but only at the discretion of the minister.

Strike limitations: Strikes are allowed when negotiations to resolve a collective dispute do not reach agreement – when agreement cannot be reached after resorting to mediation and/or voluntary arbitration, and when the employer does not comply with the process.

Public servants do not have the right to strike – they are only allowed to engage in “symbolic strikes”, which means displaying signs, arm-bands, badges or protest banners and not withdrawing their labour. “Political strikes” are prohibited. In the railway transport sector, the right to strike is severely limited (a 50% minimum service is required in the event of a strike).

On 16 October 2006, the European Committee of Social Rights (ECSR) concluded that a number of strike restrictions, including the total ban on strikes in the civil service and the high minimum service thresholds were incompatible with the Revised European Social Charter. This decision supported the collective complaint submitted in 2005 by the two national trade union confederations (CITUB and Podkrepa, both affiliated to the ITUC) and the European Trade Union Confederation (ETUC). While the government removed the strike ban for energy, communications and healthcare workers, no changes were made as regards the civil service or the railways.

The law allows strikes to be declared illegal if the decision is upheld by two courts, i.e. after an initial judgement, and an appeal to a higher court. Members of the military and the judiciary may not strike.

Dispute resolution: The National Institute for Reconciliation and Arbitration was set up in 2003 for out-of-court resolution of collective labour disputes. The Institute provides mediation and arbitration, filling a major gap in the industrial relations system.

There are no mechanisms for resolving collective labour disputes in the branches and activities where strikes are prohibited.

Protection from discrimination: The Act on Protection Against Discrimination has been in force since January 2004. Employees can appeal against discrimination before the Commission on Protection Against Discrimination. Trade unions may claim discrimination against their members, if the member requests them to. However, the burden of proof rests entirely on the employee. In the view of the Council of Europe’s ECSR, the protection for trade union representatives against unlawful dismissal based on their status or activities is not adequate.

Labour Courts: In March 2004, the government announced it was examining the possibility of setting up specialised labour courts. The process continued in 2008 with ILO assistance.

Trade union rights in practice and violations in 2008

Background: Bulgarian workers have the lowest standard of living in the EU. Corruption and managerial scandals led to tense relations with the EU and sanctions in the course of 2008. In November, the two ITUC affiliates, CITUB and Podkrepa, withdrew from the Tripartite Collaboration Council as a protest against the government’s policies and lack of genuine dialogue.

Frequent harassment: In recent years, the unions have reported frequent cases of discrimination and harassment against trade union activists and members, who have been relocated, downgraded or sacked. This has created fear and insecurity, often making workers reluctant to join a trade union. The legal proceedings for the reinstatement of dismissed workers can take a long time, sometimes years, while the sanctions against employers for unfair dismissal are too weak to be dissuasive. In the private sector, some employers have simply banned trade union membership within their enterprise and have forced newly employed workers to sign declarations that they will not establish or join trade unions. Temporary employment contracts are increasingly being used to prevent workers from demanding their rights, as the Labour Code does not adequately protect workers with temporary contracts.

Threats: On 16 July Ekaterina Yordanova, President of the Federation of Transport Trade Unions in Bulgaria and a member of the CITUB executive committee and of Sofia city council, was attacked. The International Transport Workers’ Federation called for a thorough investigation, recalling that a similar, seemingly unmotivated attack against a woman trade union leader had taken place in 2007.

Teachers’ trade union accused of discrimination: Following the 2007 large-scale strikes in public education, an association of parents lodged a complaint with the Commission for Protection Against Discrimination accusing Yanka Takeva, President of the CITUB-affiliated National Federation of Teachers’ Unions (SEB), and Krum Krumov, President of the teachers’ union affiliated to Podkrepa, of discrimination between public and private schools. They argued that students in public schools had suffered from the strike whilst those in private schools had not. Trade unions believe that this was an attempt to curtail the teachers’ right to strike. In September, the Commission decided that Takeva and Krumov should be tried for discrimination by an administrative court. No court decision had been reached by the end of the year.

Arcotronics BG sues workers: Arcotronics BG factory (city of Kjustendil) tried to sue 286 employees including members of CITUB, who went on strike in March to protest against non-payment of their salaries. According to the management, the strike was illegal. The company later agreed not to impose any disciplinary sanctions on the workers.

source: http://www.unhcr.org/refworld/country,,ITUC,,BGR,,4c52cafc2d,0.html