TRADE UNIONS IN COMMERCE SECTOR IN BULGARIA PODKREPA CL

at the beginning For first time the trade unions in Bulgaria were legally regulated by the “Turnovo Constitution” (1879); In art. 83 is written: "The Bulgarian citizens have the right to form unions without any permission, as long as the purpose and resources of these unions do not harm the public and social order, religion and morality.“

at the beginning in the commerce The first trade union structure in commerce sector is built in 1907  It includes: commercial workers bakers  waiters  cooks  bank employees.

Today in Bulgaria there are several trade union principles: 1. The right of workers, employees and employers to associate freely. 2. Autonomy and independence of social partners. 3. Equal rights and equality of the social partners. 4. Representativeness of the worker’s and employer’s organizations – condition for their participation in the social partnership on national, sectoral, branch and local level 5. Cooperation and interaction between the partners and constructive approach in the process of searching for balanced common solutions of the existing problems. 6. Voluntary participation in social partnership and in the implementation of the contracted results.

The Labour Code is the normative document, which regulates the principles for establishment and functioning of trade unions. It spelled out the requirements for representativeness for the organizations of workers and employees on national level.  In Bulgaria these requirements are covered by two trade unions:  - CITUB  - Confederation of Labour “PODKREPA".

The Bulgarian system for SOCIAL DIALOGUE is organized on four levels: 1) On NATIONAL LEVEL: National Council for Tripartite Cooperation with the active participation of the Council of Ministers, the national representative organizations of workers and employees (CITUB and Confederation of Labour PODKREPA) and the national representative organizations of employers. 2) On SECTORAL LEVEL: Tripartite Councils for Social Partnership for the “Commerce” sector – Ministry of Economy, Energy and Tourism (MEET); The Independent Commerce Union of Co operations, tourism and public services CITUB and National Federation of Commerce, Customs, Services and Tourism PODKREPA; The Union of Traders of Bulgaria.

The Bulgarian system for SOCIAL DIALOGUE is organized on four levels: 3) On REGIONAL LEVEL: Councils for Social Partnership with the active participation of the local authorities, which participate in the collective bargaining of the public sector. 4) On COMPANY LEVEL: The Social Dialogue is between the employer and the representatives of the workers and employees.

From this total number in the area of the “Commerce” are working: According to the National Statistical Institute at the END of 2010 Total number of employees and workers with labour contract is 2,109,752 From this total number in the area of the “Commerce” are working: - Automobile Sector - 385 148 - Private Sector - 384 617 - Public Sector - 531

WHAT SHARE FROM THE EMPLOYED WORKERS IN BULGARIA ARE TRADE UNION MEMBERS? In CITUB – 10% In PODKREPA CL – 8 % CONCLUSION In the COMMERCE sector the trade union members consist only more than 1% of the employed people in this branch. These numbers are indicating the existence of serious PROBLEMS in the process of recruiting new trade union members.

From legislative point of view: PROBLEM №1 From legislative point of view: Limited powers of the trade unions  as a participant in the labour process: - According to the Bulgarian Labour Code, the trade unions have a signaling function when there are violations of labour and social security rights, as well as non-compliance of the health and safety conditions at work. - They are seriously limited the mechanisms for protection of trade union union members. The mechanisms for protection are limited to the already contracted at the collective labour agreements where they are existing.

From legislative point of view: PROBLEM №1 From legislative point of view: - Lack of regulated, quick and effective legislation procedures for finding violations of the labour conditions; - Imposing adequate penalties for violation of the labour and social security legislation;  - Lasting for years, legal labour cases and the inability of workers to receive their renumerations and benefits -  discouraging and refusing the workers and employees to claim their rights.

Problems by the Employers: Problems by Employers - There are many problems with employers in significant share from the informal economy, including in the “Commerce“ sector -  It is very hard to condemn an employer whose activity and business are not all or partly “grey“ or “at shadow”.  - Threats of dismissal if creating a trade union structures; involuntary termination of membership, etc.  - It is a popular practice even the signing a declaration of Resignation from trade union membership as a condition for hiring at a new job.

Problems by the Employers: - Refusals from the employer’s side to conclude collective agreements, while negotiating them (sometimes this process is continuing more than one year).  EXAMPLES FROM THE PRACTICE:  The same very same problems were indicated during the last years in: - "METRO CASH AND CARRY“ - “Kaufland and Co” - “ T - MARKET”  - Unclear criteria and requirements about the National Representativeness of the employer’s organizations.  FACT that is leading to a very negative impact and lack of constructive dialogue in the tripartite councils of Social partners.

Problems by the workers and employees: - Fear of losing their job and the means and incomes for living  - Rising unemployment  - Lack of alternatives These are factors which are facing the employed people and which are stopping them to exercise on practice their right for trade union membership, to claim their rights for decent work and decent salaries and their right to strike.

THE CURRENT SITUATION We have organized trade union structures of PODKEPA and CITUB  in the following multinational companies, working on the Bulgarian market, "METRO CASH AND CARRY", Store1, Sofia “Doverie Briko”- "M. BRICOLAGE ", Bourgas "KAUFLAND“ - Sliven, Yambol, Targovishte Montana Municipal Market The Markets “Vazrazhdane”- Sofia - We are in the process of negotiating the conclusion of Collective labour agreement (CLA) in "Bricolage" - Bourgas and  in Kaufland.  - In "METRO CASH AND CARRY“ - planned negotiations for this year. - We already have negotiated CLAs in Montana’s and in Sofia’s markets.  

→ Our unsuccessful experience with the employed in the multinational companies in Bulgaria are showing that on one hand the trade union leaders were not appropriate for the position and on other hand  that we are facing the fierce resistance of employers.  → They are many concrete examples in "Billa", "Baumax", "Como" and others.  → According to the European experience, in the most member states there is one good cooperation between employers and trade unions in the frame of the multinational companies, while in Bulgaria the situation is totally different.

→ Relatively high share from the Bulgarian market is consisted from the small (in more of the cases family trade units and stores). → Due to the behaviour of their wokers and due to the non-constant employment and composition, it is very difficult task to attract them as a new trade union members.  → Our attempts to organize them in TU organizations on  territorial principle, proved to be unsuccessful. 

Relatively higher trade union density in the cooperatives, which are working in the sphere of the commerce. In the majority of them we are already contracted CLAs with a number of benefits for the workers and employees in the field of: -Qualification; - Payment; - Schedule of working time; - Leaves; - Additional/Supplementary insurances ; - Maternity leave and benefits; - The additional payment for overtime working hours, etc.

How to solve and to deal with the problems? The trade unions have to insist and to support different initiatives for legislative changes in the following area: → Ensure consistency of the constitutional right for participating and organizing trade union structures and criminal liability for infringers; → Ensure the conclusion of CLAs after the long negotiating period is finished; → Criminalisation of non-payment of salaries and social security contributions.

How to solve and to deal with the problems? We have to organize campaigns in order to inform the workers and employees about what are their labour, social security, social and trade union rights; To inform the youth (the future work force) what are their fundamental rights before their first access on the labour market.

How to solve and to deal with the problems? Not to tolerate the violation of our rights, including the trade union ones; To provide and ensure different opportunities for  disseminating and implementing good TU practices, including the international experience in the frame of the Commerce sector

Thank you for the attention! PODKREPA CL Thank you for the attention!