Bulgaria

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Bulgaria’s overall score is 91 out of 100. The overall score for Bulgaria is greater than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Bulgaria ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1959 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1959.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§49 of the Constitution of Bulgaria, 1991; §4,5 & 33 of Labour Code, 1986

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

CEACR, C98, Obs. 2023; USDOS CRHRP 2023 (Bulgaria); ITUC Global Rights Index 2024 (Bulgaria Profile)

Does the law provide for the right to strike?

No

0

§11 of Collective Labour Disputes Settlement Act 1990; CEACR, C98, Obs. 2023; ITUC Global Rights Index 2024 (Bulgaria Profile); USDOS CRHRP 2023 (Bulgaria)

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§20-21, Collective Labour Disputes Settlement Act 1990

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §49 of the Constitution of Bulgaria, 1991; §4,5 & 33 of Labour Code, 1986

Information

Source: CEACR, C98, Obs. 2023; USDOS CRHRP 2023 (Bulgaria); ITUC Global Rights Index 2024 (Bulgaria Profile)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 4 and 6. Collective bargaining in the public sector. In its previous comment, the Committee urged the Government to take, as soon as possible, the steps necessary to amend the Civil Servants Act so as to ensure the right to collective bargaining of public servants not engaged in the administration of the State. In the absence of any information from the Government on this point, the Committee reiterates its request and trusts that the Government will be in a position to provide updates on this matter in its next report."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Civil Servants Act denies civil servants the right to strike."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law prohibited most public servants from engaging in collective bargaining. "

Information

Source: §11 of Collective Labour Disputes Settlement Act 1990; CEACR, C98, Obs. 2023; ITUC Global Rights Index 2024 (Bulgaria Profile); USDOS CRHRP 2023 (Bulgaria)

A : National Law

National Labour Legislation

""Art. 11. (1) (Amended - SG No. 25 of 2001) When no agreement is reached on the collective labor dispute under Art. 3 or under Art. 4 , if mediation and/or voluntary arbitration is sought, or the employer fails to fulfill obligations towards them, the workers may strike, temporarily suspending the performance of their work duties. (2) The decision to declare a strike is taken by a simple majority of the workers in the relevant enterprise or division. (3) The workers or their representative are obliged to notify the employer or his representative in writing at least 7 days before the start of the strike, to indicate its duration and the body that will lead the strike. (4) Under the conditions of the preceding paragraph, workers may declare a solidarity strike in support of a legal strike by other workers. (5) Workers may, without prior notice, declare a warning strike, which may not last more than one hour ""

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. ...............The Committee recalls that for a number of years it has been requesting the Government to amend section 11(2) of the Collective Labour Disputes Settlement Act (CLDSA), which provides that the decision to call a strike shall be taken by a simple majority of the workers in the enterprise concerned and section 11(3), which requires the strike duration to be declared in advance. In its previous comment, the Committee requested the Government to provide information on any developments concerning these provisions and to indicate what the requirements are for continuing a strike action beyond its initially determined duration. The Committee notes the Government’s indication that no changes were made to section 11(2) and (3) of the CLDSA and that a change in the initial duration of a strike should be made in the same way as the strike decision, that is, by a decision of the workers. The Committee recalls once again that requiring a decision by over half of all the workers involved in the enterprise or unit in order to declare a strike is excessive and could unduly hinder the possibility of calling a strike, particularly in large enterprises, and that if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast and that the required quorum and majority are fixed at a reasonable level ............."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The decision to go on strike must be taken by a majority of the company's workers (50% + 1)."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

" The law provided the right to strike to other public service employees, except for senior public servants, if at least 50 percent of the workers supported the strike. "

Information

Source: §20-21, Collective Labour Disputes Settlement Act 1990

A : National Law

National Labour Legislation

"Art. 20. After the announcement of the strike and during the time that the legal strike lasts, the employer cannot suspend the activity of the enterprise or part of it and dismiss workers in order to: 1. prevent or terminate the strike; 2. thwart the satisfaction of the submitted requests. Art. 21. (Supplement - SG No. 7 of 2012) During a legal strike, the employer does not have the right to hire new workers, including those sent by an enterprise that provides temporary work, in place of the strikers in order to achieve the goals of the previous article, except when it is necessary to carry out the activities under art. 14, para. 1 for the duration of the strike."