Law grants right to strike in public services

On 12 October 2006, the National Assembly adopted the Act for Changes and Amendments of the Law on the Settlement of Collective Labour Disputes. The new amendment revokes the restrictive legal provisions limiting the possibilities of industrial action by workers in the energy, communications and healthcare sectors. The new legislative changes have been achieved following persistent demands and protests by the trade unions. The amendments aim to provide a legal framework for the right to strike in the sectors concerned.

Restrictions on strike action

The right to strike is a fundamental trade union right and an indispensable element of a democratic society. Nevertheless, this right was not legally regulated in Bulgaria until 1990, when, due to pressure from the trade unions, the Law on Collective Labour Disputes Settlement was adopted. This law recognised for the first time the right to strike. However, it still prohibits strike action among workers in the energy supply, communications and healthcare sectors. The workers in these sectors only have the right to a ‘symbolic strike’.

In 1991, the right to strike was recognised and guaranteed in the newly adopted Constitution, of which Article 50 reads: ‘Workers and employees have the right to go on strike in defence of their collective economic and social interests.’ In spite of this universal constitutional right, the ban on strike action in the three aforementioned sectors has been preserved without any alternative mechanism for labour dispute resolution.

In 2000, the Civil Servants Law also denied civil servants the right to strike, only permitting them the right to participate in a symbolic strike.

Mounting pressure from trade unions

This legal restriction on the right to strike has been strongly and persistently opposed by the trade unions. Both the Confederation of Independent Trade Unions in Bulgaria (CITUB) and the Confederation of Labour Podkrepa (CL Podkrepa) have been seeking the abolition of the ban on strike action for a long time (BG0307204F, BG0401101N). In 1996, the confederations brought a case to the Constitutional Court.

In 2002, during an International Labour Organisation (ILO) visit to Bulgaria, possible solutions were discussed with the social partners. Written recommendations on how to improve the law have since been provided by the ILO experts, including the recommendation to remove the total ban on strike action in the three sectors.

Following these recommendations, a tripartite working group was established to prepare the draft amendments and addenda of the law. The proposed changes were approved by the National Council for Tripartite Cooperation (NCTC) and adopted by the Council of Ministers. However, disregarding the NCTC decision, the Bulgarian parliament decided that the ban on strike action in the three sectors would remain.

Undeterred, the trade unions continued to insist on the removal of the strike action ban. In 2005, CITUB and CL Podkrepa, together with the European Trade Union Confederation (ETUC), brought a case to the European Court of Human Rights, claiming the non-observance of the constitutional rights of Bulgarian citizens (BG0604039I).

Mixed reaction to new law

Finally, on 12 October 2006, the Bulgarian parliament adopted, with majority vote at second reading, the amendments to the law put forward by the opposition party the Democrats for Strong Bulgaria (DSB). The new law removes the strike action ban in the three sectors concerned, also providing for a mediation and arbitration procedure. According to the DSB member of parliament Ivan Ivanov, one of the main supporters of the DSB proposal, these amendments overcome the violation of the constitution and promote the rights of workers in the three sectors.

Notwithstanding, Antonela Poneva of the DSB has been critical of the fact that the new legislation does not provide for sanctions against the arbitration body for failing to reach a judgement on time if the strike is justified. Moreover, according to the CITUB Executive Secretary, Chavdar Hristov, the new law does not solve the problem in relation to the right to strike among public servants – an issue which was part of the collective claim made to the European Court of Human Rights. Mr Hristov is also concerned that the new legislation does not settle the problems pertaining to the organisation of strike action at sectoral or branch level and at national level.

The Chair of the Parliamentarian Social Commission, Hasan Ademov, highlighted that the aforementioned sectors can now legally exercise their right to strike; however, the employers and trade unions must sign a written agreement guaranteeing minimal services for the population in the event of a strike.

Commentary

After a decade, the trade unions’ campaign to secure the right to strike for all workers is finally close to being achieved; this will ensure that the mechanisms for the fair resolution of collective labour disputes, with respect to the interests of both employers and workers, will be introduced. At the same time, securing the right to strike for civil servants still remains high on the agenda.

Snezhanka Dimitrova, Institute for Social and Trade Union Research (ISTUR) of CITUB