Settlement of Collective Labour Disputes Act (SCLDA) and changes in it

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Presentation transcript:

Settlement of Collective Labour Disputes Act (SCLDA) and changes in it Settlement of Collective Labour Disputes Act (SCLDA) and changes in it. Why and what? Presentation of the expert development of Ch. Hristov and V. Apostolov 2017

Article 50 of the Constitution of the Republic of Bulgaria Paragraph 1. Workers and employees are entitled to strike for the PROTECTION OF: - their collective: - economic and - social - INTERESTS! This right shall be exercised under conditions and procedure laid down by law.

What Art. 1 of the SCLDA proposes This law establishes the procedure for the settlement of: collective labor disputes - between workers and employers on issues of: labour and social security relations and living standards Compare the Constitutional article and Art. 1 of the SCLDA. Is there or isn’t there a match between them? What is the difference?!

Correlation Constitution - Act І. The SCLDA was "urgently" adopted by the 35th National Assembly (in force since 17.03.1990). The Constitution came into force on 13 July 1991 (State Gazette No. 56/1991) The Act fails to comply with the foundations of the right to strike set by the Constitution of the Republic of Bulgaria. The Constitution, as well as the European Social Charter (ESC) and the Charter of Fundamental Rights (CFR) of the EU, associate the right with conflict of interests. The Act - with settlement of collective disputes and at that, only at enterprise level!

ESC and CFR of the EU ESC (revised) Art. 6 - 4. the right of workers and employers to collective action in the event of conflict of interests, including the right to strike,....... CFR/EU Art.28. Right to collective bargaining and action - In accordance with Union law and national laws and ................... to conclude collective agreements at appropriate levels, as well as to take collective actions to protect their interests, including strike, in case of conflict of interests.

What solutions do we offer? Consistent with the Constitutional text: change in the subject of the Act, §1; - definition of labour conflict/enterprise-level dispute - §3; principles for their settlement, Art. 1b, para. 2; clearly defined ways of settlement § 5, Art. 3 improved terms and conditions for conducting a strike at all possible levels;

What solutions do we offer? New chapter: "Strike at sectoral and national level" Definitions of the essential parameters of the right to strike. 2