10/03/09 RAP/RCha/BU/VII(2009) REVISED EUROPEAN SOCIAL CHARTER 7th National Report on the implementation of the European Social Charter (revised) submitted by THE GOVERNMENT OF BULGARIA (Articles 3, 12 and 13 for the period 01/01/2005 – 31/12/2007 ; Articles 11 and 14 for the period 01/01/2003 – 31/12/2007) __________ Report registered by the Secretariat on 10 March 2009 CYCLE 2009 R E P U B L I C O F BULGARIA MINISTRY OF LABOUR AND SOCIAL POLICY 2, Triaditza str. 1051 Sofia, tel.: +359 2 8119 443, fax: +359 2 986 13 18, e-mail: [email protected] NATIONAL REPORT Made by the Government of Republic of Bulgaria in accordance with Article C of the European Social Charter, on the measures taken to give effect to the accepted provisions of the Revised European Social Charter. TABLE OF CONTENTS PREFACE..........................................................................................................................p.3 ARTICLE 3........................................................................................................................p.4 Article 3, PARA 1...............................................................................................................р.4 Article 3, PARA 2.............................................................................................................р.15 Article 3, PARA 3.............................................................................................................р.18 Article 3, PARA 4.............................................................................................................р.24 Article 11..........................................................................................................................р.30 Article 11, PARA 1...........................................................................................................р.30 Article 11, PARA 2...........................................................................................................р.34 Article 11, PARA 3...........................................................................................................р.36 ARTICLE 12………........................................................................................................р.43 Article 12, PARA 1...........................................................................................................р.43 Article 12, PARA 2...........................................................................................................р.52 ARTICLE 13....................................................................................................................р.55 Article 13, PARA 1...........................................................................................................р.55 Article 13, PARA 2...........................................................................................................р.76 Article 13, PARA 3...........................................................................................................р.77 ARTICLE 14....................................................................................................................р.79 Article 14, PARA 1...........................................................................................................р.79 Article 14, PARA 2.........................................................................................................р.108 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. 3&1-4, Art.11&1-3, Art.12&1 and 3, Art.13&1-3, Art.14&1 and 2. 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 II. PROVISIONS OF THE EUROPEAN SOCIAL CHARTER (revised) Article 3 – The right to safe and healthy working conditions Information to be submitted Article 3§1 1) Please describe the national policy on occupational health and safety and the consultation with employers’ and workers’ organisations in formulating this policy. Please specify the nature of, reasons for and extent of any reforms. Occupational safety and health is one of the priorities of social policy in Bulgaria. It is aimed at preserving the health, the ability to work and the life of workers. Policy in the field of occupational health and safety is in conformity with: - the Lisbon Strategy for synergy between policies aimed at achieving economic growth, creating quality employment, modernising social protection, and promoting sustainable development and thus the necessity to reconsider working conditions, organisation of labour and possibilities reconcile lifelong learning and work; - the European Strategy on Health and Safety at Work which places an emphasis on the promotion of providing ‘welfare at work’; and - the International Labour Organization’s Global Strategy which places a sign of equality between decent work and safe work and calls for fair Globalization. Following the main directions and principles of the abovementioned strategic documents, the activities for provision of occupational health and safety are aimed at: • promoting the provision of ‘welfare at work’; • improving the culture of prevention amongst workers and development of a system of prevention through improving legislation, training and education, social dialogue, general social responsibility, economic initiatives, partnership between all stakeholders; • carrying out thorough and effective integrated control on the observation of labour legislation; • provision of quality training in the field of safe and healthy working conditions; • broadening the infrastructure of services for employers’ consultancy and assistance and improving the quality of this activity; • development of security systems and insurance activity and efficient inclusion thereof in the efforts on ensuring and maintaining safe and healthy working conditions in the enterprises. In order to successfully develop the activity on occupational health and safety, the Healthy and Safe Working Conditions Act outlines the basic rights, obligations and responsibilities of all stakeholders in the working process: the state; the employers; the workers; the persons who work on their own account or in cooperation; as well as other organisations and legal persons. The overall responsibility for securing the health and safety of workers is born by employers. Workers have the obligation to take care of their own health and safety as well as the health and safety of other persons who may be affected by their activity, and to cooperate with employers and respective officials in implementing measures on the provision of safe and healthy working conditions. 4 As a result of the dedicated policy of the government and the social partners, a significant improvement is being noted in the provision of safe and healthy working conditions to workers: 1. There is a system of norms, concrete requirements and obligations for provision of occupational safety and health which creates an actual foundation for the realisation of the principles of the single European market. 2. Conditions are in place that guarantee that products that are being marketed do not threaten the life and health of people, the safety of domestic animals, the interests of consumers, and the environment. 3. Rules are enacted for the protection of consumers from goods that create dangers as well as obligations for all who carry out trade, advertising and mediation. 4. A national logo has been approved in conformity with “CO” products. The legislation also allows the use within the country of the European logo of conformity ‘EU’ as a guarantee for quality and safety. 5. Regulation is in place on the minimum requirements that employers must meet in securing the safety and health of their workers. There is a basis for the management and planning of the activity on ensuring safety and health at work based on the assessment of vocational risks. The risk assessment also entails psycho-social risks. 6. The provision of medical oversight of workers is mandatory as well as the provision of the necessary information and adequate training in conformity with the nature of the work in question and the qualification of workers. 7. There is a functioning system for defining a differentiated amount of social security contributions for accident at work and occupational disease, subject to the level of risk in the different economy sectors. The aim is to achieve fair distribution of the insurance burden between separate employers and to motivate for safe and healthy work. 8. Employers are obliged to insure their workers against the risk of occupational accident in all sectors of the economy for which the frequency or gravity of occupational accidents is equal or higher than the country average. 9. The main requirements of the European Union and the International Labour Organization on the establishment of single state control are in force. Overall control is carried out by the General Labour Inspectorate Executive Agency, under the Minister of Labour and Social