Industrial action and disputes in Bulgaria

The Law for Collective Labour Dispute Resolution is the legal framework that sets out the ‘right to strike.’ The main type of industrial action is the ‘active strike’ (ефективна стачка), during which employees do not work. Such action may be organised when conciliation, arbitration or negotiations have had no success. During the strike, employees need to be present at the employer’s site within their regular working time. Another form is the ‘symbolic strike’ (символична стачка), which involves working as usual while wearing or placing appropriate signs, protest posters, ribbons, badges or other appropriate symbols. This kind of strike can also be used by healthcare workers or the police; the law forbids active strikes within such sectors.

No official national data sources on industrial action are available for Bulgaria.

NICA maintains its own register of CLDs, which is not representative. A total of 152 CLDs were identified for 2010–2021, of which 148 were in enterprises and 4 were at municipal level. A total of 401,110 people were employed in enterprises with CLDs at the time of a dispute. In 2010–2021, the largest proportion of issues that were the subject of a CLD were related to delayed payment of wages (59) and pay increases (58), followed by issues related to restructuring and/or employment (48) and occupational health and safety (40).

The number of CLDs registered by NICA was 15 in 2012 and 13 in 2017, compared with 7 in 2021. Within the CLDs in the country in 2015, nine effective strikes had been organised. There were five effective strikes in 2017 and three in 2021 (NICA, 2021, p. 20). In 40% of the cases, the effective strikes were due to non-fulfilment of the collective agreement. In 55%, the reason was failure to reach an agreement, and refusal to negotiate was the cause in 5% of the effective strikes.

Registered CLDs, 2012–2021

Sources: NICA, 2016, 2017, 2019, 2021b.

Collective dispute resolution mechanisms

In accordance with the Law for Collective Labour Dispute Resolution, CLDs are settled through direct negotiations between workers and employers or between their representatives in a procedure freely determined by the negotiating parties. Strikes are forbidden (Article 16) in the Ministry of Defence; the Ministry of the Interior; judicial, prosecutorial and investigative bodies; the state intelligence agency; and the national security service.

When no agreement is reached or one of the parties refuses to negotiate, each may seek assistance for the settlement of the dispute by mediation and/or voluntary arbitration of trade unions and employer organisations and/or NICA.

Individual dispute resolution mechanisms

According to the Labour Code (Article 357), labour disputes are between employees and employers on the occurrence, existence, implementation and termination of employment, and regarding the implementation of collective agreements and the length of working experience. Such disputes could be regarding the law (claims for rights on labour) on legislation, collective agreements or individual agreement rights and obligations. These individual disputes are dealt with by the courts. As there are no labour courts in Bulgaria, the civil courts are competent for such cases, and administrative courts are competent in some of these cases. Trade unions and their branches are able (Labour Code, change from 2016) to represent the employees, upon their request, in court.

There are also non-legal disputes of interest. These are related to the establishment of envisaged rights and obligations. This kind of individual dispute could be resolved between the employer and the employee. If agreement cannot be reached, dispute resolution must be provided by the court.

Use of alternative dispute resolution mechanisms

The alternative dispute resolution mechanism is carried out by NICA. As a rule, in recent years, the parties have settled disputes between themselves with the help of their own supreme structures, without using external assistance from NICA.

For 2010–2021, NICA registered a total of 152 CLDs in 97 enterprises and 3 municipalities. NICA initiated seven arbitration proceedings under Article 14(3) of the Law for Collective Labour Dispute Resolution (establishing minimum activities during an effective strike). There were most CLDs in 2010–2011: 85% of all CLDs within the observed period.

In 2015, there was one conciliation procedure and one arbitration procedure registered by NICA. The conciliation procedure was terminated as a result of a failure to achieve an agreement between the parties in dispute. The arbitration procedure was because of unattainable agreement with the employer, and it resulted in the avoidance of the organisation of an effective strike. In 2015, NICA organised one mediation procedure of a CLD, which was unresolved due to disagreement between the parties of the dispute. There are no data for 2016. No requests for conciliation and arbitration were made to NICA in 2017.

It is reported that one of the main reasons for the low arbitration activity is the refusal of one of the parties to enter into negotiations. According to NICA management, 95% of CLDs are settled using direct negotiations between the disputing parties, including and with the help or support of trade unions and employer organisations and/or government bodies, institutions and organisations directly or indirectly involved. It is possible to use extrajudicial methods for settling CLDs. With the assistance of NICA, in 2012 there was one procedure to determine the minimum services that should be maintained in the event of a strike (under Article 14(3) of the Law for the Settlement of CLDs). Only one mediation procedure was requested in 2018; it concerned a CLD at the municipal public transport service company.

Use of dispute resolution mechanisms, 2010–2021

Source: NICA (2021b).