Improved working conditions due to tougher inspection measures

Some positive trends have recently been reported in relation to working conditions in Bulgaria. Such trends have largely been attributed to intensified enforcement measures taken by the General Labour Inspectorate. In 2004, for example, the Inspectorate closed 1,611 enterprises and imposed total fines of about three million BGN (c. €1.54 million).

Areas of improvement

The tight control over working conditions and employment contracts - through regular inspections and penalties implemented by the General Labour Inspectorate (GLI) - has started to take the desired effect. Figures for 2004 reveal the following improvements, compared with 2003:

• the number of employees working without an employment contract declined by 40%;

• the number of enterprises adopting programmes to eliminate risks in the workplace increased twofold;

• the number of employers providing the services of Labour Medical Agencies increased more than threefold;

• more than 8,000 companies took actions aimed at improving health and safety in working conditions;

• inspection campaigns paid particular attention to work-related accidents, especially in high risk sectors. Public opinion has also been made aware of this issue, and clear improvements were achieved.

Positive developments in work-related accidents

Comparing the 2003 and 2004 data, 38 sectors of the economy saw a reduction in accidents, the most notable decreases being found in extraction of iron ore (136 fewer cases), and food and drinks production (61 fewer cases).

Nevertheless, there is still much to be done in this area. In 2004, Bulgaria lost nearly 200,000 days due to work accidents, according to the National Social Security Institute (NSSI). In the same year, there were 4,305 work accidents, of which 111 were fatal, while another 101 workers were disabled. About 30% of accidents affected women (1,242 cases) and nine women died (8%). The highest concentration of fatal work accidents was reported in manufacturing (31 cases) and construction (24 cases). Together, these two sectors comprised half of the fatal work accidents in Bulgaria in 2004.

However, since 2001, there has been a constant decline in work accidents (by 9% in 2004, compared with 2003, and by 25.5% in 2004, compared with 2001).

Employee perceptions

In 2004, the GLI received 8,166 complaints concerning the infringement of workers’ rights. Some 93% of these complaints were submitted by individual employees and 7% by trade unions. Most of them were related to the non-payment or delay in payment of salaries, overtime or statutory compensation for dismissal, or to the absence of an employment contract. Only 1% of complaints focused on health and safety in working conditions. However, this does not mean that the problems in health and safety of working conditions have been solved, admits the director of the General Labour Inspectorate .

In fact, GLI statistics show that about 70% of all labour legislation infringements pertain to working conditions. It explains that breaches in regulations concerning working conditions are of secondary importance for many employees, compared with those related to inaccurate payment and to undeclared employment in a shadow economy (without an employment contract). The proportion of the latter in the labour market is estimated at about 20-25% on average, but is declining rapidly due to the above measures.

Employers are becoming increasingly sensitive to the measures being taken by the GLI. Therefore, they sometimes threaten staff who complain (usually with dismissal). Because of this pressure, the GLI keeps its sources confidential. However, this confidentiality is not always helpful, as employers tend to suspect and penalise at random workers whose employment status has been inspected by the GLI.

Further corporate measures

In accordance with current labour legislation, fines and penalties are imposed on a personal basis, i.e. on the employer and/or responsible personnel. In an interview with 24 Hours Daily , the GLI Director suggests imposing penalties on the company (the owner). In other words, he recommends that personal penalties should be replaced by corporate ones. He believes that this measure will urge owners to adhere more to labour legislation. At present, a corporate fine is implemented only for companies that have been found to employ foreign nationals without obtaining the necessary work permit. In the interview, the director also proposes that fines should be increased, as the current rates bear no comparison to the real and potential damages to which the employees are exposed.

References

General Labour Inspectorate (GLI; Главна инспекция по труда, ГИТ).

'GLI informs’, in Safety and labour medicine journal , March 2005, pp. 24-29.

National Social Security Institute (NSSI; Национален осигурителен институт, НОИ).

24 Hours Daily , 19 April 2005, interview with Mr T. Mladenov (Director of the General Labour Inspectorate, GLI).

Author: Rumiana Gladicheva