site.btaSocial Partners Fail to Reach Consensus on Labour Code Amendments Concerning Employment of 16- to 18-Year-Olds

The National Council for Tripartite Cooperation (NCTC) discussed here on Monday a bill proposing amendments to the Labour Code concerning the employment of young people aged 16 to 18. The bill was tabled by Svilen Trifonov and a group of MPs from the Democratic Bulgaria parliamentary group. The social partners failed to reach agreement on the bill.

The bill proposes replacing the current permit regime for employing people aged 16 to 18 with a system of prior notification to the relevant Labour Inspectorate directorate, according to its explanatory notes. The proposal does not remove the special protection afforded to minors, but changes the form of prior administrative control while retaining the requirement for medical fitness, compliance with restrictions on the nature of work, working hours and working conditions, as well as the powers of supervisory authorities to conduct subsequent inspections and take measures in cases of violations, the sponsors said.

Svilen Trifonov stressed that the proposal aims to enable young people to start work promptly without compromising the protections concerning their health and safety or their education.

Dobrin Ivanov said that the Bulgarian Industrial Capital Association supports the bill. “Amid a labour shortage, it is unacceptable to restrict access to the labour market through administrative obstacles for people who wish to enter it, such as those aged 16 to 18,” he argued.

Maria Mincheva said that the Bulgarian Industrial Association also supports the bill. She noted that the organisation had for years also raised the question of whether this age threshold could be lowered to 15.

The Confederation of Employers and Industrialists in Bulgaria also expressed support. Radka Yosifova said, however, that the organisation had some reservations. She said it should be discussed whether the protection of children was merely declarative. She noted that young people aged 16 to 18 are predominantly employed in the hospitality, restaurant and retail sectors during the tourist season.

Tsvetan Simeonov of the Bulgarian Chamber of Commerce and Industry voiced objections to the proposal. He said the intention to simplify administrative procedures was good, but “nobody said what is wrong with the seven-day period under the current permit regime.” More importantly, Bulgaria’s international commitments must be observed, he said. 

Ioannis Parteniotis, Vice President of the Podkrepa Confederation of Labour, said that the organisation did not support the bill. If the proposal is adopted, the State will abdicate its responsibility for preventive control and its role as a protector of this group, he said. According to him, the bill conflicts several international legal provisions.

The Confederation of Independent Trade Unions in Bulgaria also does not support the bill, Velichka Mikova said. According to her, young people are afforded special protection with regard to employment, and current legislation complies with the requirements for such protection.

Labour and Social Policy Minister Nataliya Efremova said that the Ministry responsible for the matter did not support the bill. “This group of people is afforded special protection, and the aim is to prevent people under 18 from being employed in hazardous working conditions that could affect their physical, mental and moral development,” she said. The bill does not comply with the requirements of the Directive on the protection of young people at work or with two fundamental conventions of the International Labour Organization, she added.