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2-6 Human Rights: Worker Rights. The Right to Organize and BargainCollectively




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This article is from the Bulgaria FAQ, by Dragomir R. Radev radev@tune.cs.columbia.edu with numerous contributions by others.

2-6 Human Rights: Worker Rights. The Right to Organize and BargainCollectively

The Labor Code institutes collective bargaining, which was practiced
nationally and on a local level. The legal prohibition against striking
for key public sector employees weakens their bargaining position;
however, these groups were able to influence negotiations by staging
protests and engaging in other pressure activities without going on
strike. Both CITUB and Podkrepa complained that while the legal
structure for collective bargaining was adequate, many employers failed

to bargain in good faith or to adhere to concluded agreements. Labor
observers viewed the Government's enforcement of labor contracts as
inadequate.

Only the three labor members of the National Tripartite Cooperation
Council are authorized to bargain collectively. This restriction led to
complaints by smaller unions, which may in individual workplaces have
more members than the NTCC members. Smaller unions also protested their
exclusion from the NTCC.

There were no instances in which an employer was found guilty of
antiunion discrimination and required to reinstate workers fired for
union activities. International labor organizations criticized the
"national representation" requirement for participation in the National
Tripartite Coordination Council as a violation of the right to organize.

The same obligation of collective bargaining and adherence to labor
standards prevails in the export processing zones, and unions may
organize workers in these areas.

 

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