The process to transpose into national law the European Directive on the information and consultation of workers commenced at the beginning of February 2006 in Bulgaria. The trade unions put forward a series of proposals and discussed the draft law at the National Tripartite Cooperation Council. However, certain key elements, such as the rights of the information and consultation representatives, remain undecided.
The European Directive on the information and consultation of employees is due to be transposed into Bulgarian law. A group of experts, including the social partners and the Ministry of Labour and Social Policy, has been set up to monitor the process. Preparations began in February 2006 and the social partners have agreed that the transposition should be carried out through amendments and supplements to the existing Labour Code.
Trade union proposals
The nationally representative trade unions (BG0307204F), the Confederation of Independent Trade Unions in Bulgaria (CITUB) and the Confederation of Labour Podkrepa (CL Podkrepa), presented two joint scenarios for the transposition of EU Directive 2002/14/EC establishing a general framework for informing and consulting employees. The first plan proposed that trade unions should be responsible for implementing the information and consultation procedures, and works councils should be set up in companies where no trade union is present. In the second scenario, information and consultation councils should be established in all companies to implement the measures, regardless of whether the companies have a trade union.
Both scenarios were rejected in the discussion process, after which the trade unions proposed a new model. This model would allow for information and consultation procedures to be performed either by the trade unions or by employee representatives elected by the workers where a company has no trade union. This idea was only partially accepted. According to the regulatory procedure, information and consultation should be assigned to representatives elected by at least two-thirds of the workers at a general meeting or a meeting of proxy. This right may also be given to the trade unions, but the procedure in the case of delegation remains the same – candidates should get the approval of two-thirds of the meeting attendees.
Information and consultation procedures
According to the draft law provisions, the employer is obliged to present the required legal information to the trade unions and to employee representatives within the company, as well as to consult them on topics as stipulated in the directive, such as economic development of the company and changes in structure and work organisation. It is the task of the trade unions and employee representatives to present to the workforce the information they have obtained from the employer, and to ask for their input in the consultation process. The employer and the employee representatives may agree – based on a collective labour agreement – on practical measures for workers’ information and consultation, other than those written in legislation.
Points of controversy
CITUB put the draft law forward for discussion at the National Tripartite Cooperation Council (NTCC) in order to reach an agreement regarding the latest proposal; however, several points of controversy remain.
The trade unions insist that the representatives should be elected in a secret ballot by a simple majority vote of the meeting attendees, rather than the two-thirds majority required in the regulations. The employers believe that the secret election process will absorb a lot of working time and company funds, but they seem to be willing to accept the simple majority option for electing representatives.
Under the Labour Code, the employer, trade unions or a 10% representation of the workforce are entitled to call a general meeting. The trade unions believe that legislation should revoke this right of the employer, if the subject matter of the meeting concerns the election of information and consultation representatives.
Another controversial issue is the missing clause regarding the rights of information and consultation representatives. Instead, the law leaves this to be agreed between the elected representatives and the employer. According to experts of the employer organisations, this represents a step towards strengthening social dialogue. However, trade unions claim that the employer should be obliged to ensure a minimum degree of favourable working conditions – including time off in lieu, designated time for training, and access to every workplace – to enable the information and consultation representatives to carry out their role.
The social partners unanimously adopted the other Labour Code amendments related to the transposition of the directives on European works councils, European company and European cooperatives.
Snezhanka Dimitrova, Institute for Social and Trade Union Research (ISTUR), Sofia