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European Social Charter the Government of Bulgaria 03/09/2012 RAP/RCha/BGR/X(2012) EUROPEAN SOCIAL CHARTER 10th National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF BULGARIA (Articles 1, 18, 20, 24 and 25 for the period 01/01/2007 – 31/12/2010) __________ Report registered by the Secretariat on 31 August 2012 CYCLE 2012 NATIONAL REPORT For the period from 1st January 2007 to 31st December 2010 made by the Government of Republic of Bulgaria in accordance with Article C of the Revised European Social Charter, on the measures taken to give effect to the accepted provisions of the Revised European Social Charter. 1 TABLE OF CONTENTS: PREFACE...........................................................................................................................p. 3 PROVISIONS OF THE EUROPEAN SOCIAL CHARTER (revised) ARTICLE 1.........................................................................................................................p. 4 Article 1, PARA 1; Article 1, PARA 2; Article 1, PARA 3; Article 1, PARA 4; Article 18...........................................................................................................................р. 106 Article 18, PARA 4; ARTICLE 20………..........................................................................................................р.113 ARTICLE 24......................................................................................................................р.128 ARTICLE 25......................................................................................................................р.136 2 PREFACE The present Report has been prepared after consultations and in cooperation with the relevant authorities. In accordance with Article C of the Revised European Social Charter, copy of this Report has been communicated to the national representative organizations of employers’ and workers’ presented in National Council for Tripartite Cooperation. The present Report contains information for the following provisions of the ESC (r): Art. 1&1-4, Art.18&4, Art.20, Art.24 and Art. 25. The Bulgarian national currency is leva (BGN) and its exchange rate is fixed to the Euro at 1.95583 BGN for 1 Euro (0.511292 Euro for 1 BGN). Bulgaria is at disposal for any supplementary questions and clarifications, which may appear in the process of examination of the present Report. 3 ARTICLE 1 – THE RIGHT TO WORK Article 1§1 “With a view to ensuring the effective exercise of the right to work, the Parties undertake: to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment; Scope of the provision as interpreted by the ECSR A policy of full employment should be pursued by means of economic measures conducive to creating and preserving jobs and assisting those who become unemployment in finding jobs. 1) Please describe national employment policy and the general legal framework. Please specify the nature of, reasons for and extent of any reforms. The measures and programs implemented in our country within the active and passive policies are aimed at the registered unemployed persons, employed persons and employers. Employment policy is consistent with the requirements for adequacy to the European and international standards, as reflected in the European Employment Strategy and its priority areas, the recommendations of the International Labour Organization (ILO), the Organization for Economic Cooperation and Development (OECD) and other international organizations. The priorities of the Ministry of Labour and Social Policy in the field of employment policy are determined in accordance with the membership in the European Union /EU/ from 1 January 2007 and the need for further reforms of the labor market and the social policy. Efficient, effective and flexible policies aimed at increasing employment and professional qualification level of the labor force are based on the actions of the Ministry following the accession to the European Union. Active employment policy is in line with the Lisbon Strategy, the European Employment Strategy, the Employment Strategy of the Republic of Bulgaria for the period 2004-2010, Integrated Guidelines for Growth and Employment, Chapter Employment of the National Reform Programme and the Human Resources Development Operational Programme. The Employment Promotion Act in force since 1 January 2002 regulates the public relations in the promotion and support of employment, career information and counseling, training for professional qualification of unemployed and employed persons; mediation in informing and employing Bulgarian nationals in other countries and Bulgarian and foreign citizens in the Republic of Bulgaria. We apply a differentiated approach to different social groups and provide different possibilities to each of them to solve problems in complying with the requirement to optimize the efficiency of the social spending. Active policy on the labor market is mostly financed from the state budget. Thus provides an opportunity for employment programs and increasing employability programs to be implemented on a regular basis with secured funding. In this connection there have been launched several new programs such as: From Social Assistance to Employment, Enhancing Employability and Promotion of Youth 4 Entrepreneurship, Assistance for Retirement, Initiatives in the Labor Market, Employment Program for People with Disabilities, Program for Employment of Teachers in Teaching Children with Disabilities, Program for Farmers - pilot phase, Vidin District, etc. Training for obtaining professional qualification by persons in the labor market as a major tool to improve employment opportunities, organized by the Employment Agency through procedure to award training to appropriate educational organizations and quality control. Since the beginning of 2000, the National Agency for Vocational Education and Training has been licensing vocational training centers and controlling the quality of training offered in there. Actions to extend the nomenclature and improve service quality of the labor market and their orderliness, punctuality, accessibility, efficiency and effectiveness have also been taken. Efforts to better link of policies at national, regional and municipal level have been put in the market management to create conditions for full participation of social partners in their development and implementation. National Employment Action Plan In accordance with the Employment Promotion Act, the Council of Ministers annually approves a National Employment Action Plan, which is financially secured by the state budget, the PHARE Program and other sources. The plan is becoming more important as the main instrument of employment policy - it formulates both the objectives and mechanisms for implementation of national employment policy and human resources and specific projects and programs that are implemented throughout the year. As a member of the EU from the beginning of 2007, the Republic of Bulgaria has joined the implementation of the Community goals for growth and employment and is trying to achieve the Lisbon goals. The guidelines for employment are the basis in the formulation and implementation of employment policy - part of the Integrated Guidelines for Growth and Jobs. Characteristic principle of working towards meeting the Lisbon goals and the Integrated Guidelines is the coherence of macro-micro economic policies and employment policy. In addition, social cohesion is a horizontal view taken into account in all activities in the country. Specific measures, programs, actions and the targets under the three policies are presented in the National Reform Programme. Thus the linkage of employment policy with economic and social policy in the country is bound, both strategically and in its implementation. The interrelations of action for employment with other policies are also evident from article 6 (2) of the Employment Promotion Act, stating that "the Ministry of Labour and Social Policy together with other ministries and social partners shall develop an annual National Employment Action Plan. State employment policy in the Republic of Bulgaria is determined by the Council of Ministers. Ministry of Labour and Social Policy develops, conducts and coordinates state policy on employment and training for professional qualification of unemployed and employed persons. National Employment Agency implements state policy on the labor market. National Employment Service (Employment Agency) was established in 1989 and has been continuously developed with technical assistance from the EU member states. 5 The state implements the employment policy in cooperation and consultation with representative organizations of employers and employees, and representatives of other non- profit organizations. Thus, partners can influence decisions taken in the labor market at the stage of preparation. A basic principle in developing and implementing employment policy is the partnership between institutions, social partners and NGOs. In this respect, a number of tripartite cooperation authorities operate at national and regional level, which are stipulated in the Employment Promotion Act, including: National Council for Tripartite Cooperation – with permanent committees on the following issues: income and living standards; social security relations; labor legislation; social consequences of restructuring and privatization and fiscal policy. National
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