The protection of trade union representatives against dismissal is a guarantee for the protection of employees - Trade union activity is a fundamental mechanism for protecting the labor, social, and professional rights of workers and employees. This is precisely why Bulgarian labor legislation provides special protection for trade union representatives against unlawful dismissal.

Pursuant to Art. 333, para. 3 of the Labor Code, the employer may dismiss an employee who is a member of a trade union leadership only after the prior consent of a trade union body designated by the central leadership of the respective trade union organization.

This protection applies to some of the most commonly used grounds for termination of the employment relationship, namely:

• upon closure of a part of the enterprise or staff reduction;

• upon reduction of the volume of work;

• in case of an alleged lack of qualities for the effective performance of the job;

• upon change of the requirements for the position held;

• in case of disciplinary dismissal.

Which trade union representatives are protected?

Special protection covers:

• the chairpersons and secretaries of the trade union organizations in the enterprise;

• the members of territorial, sectoral, and national governing elected trade union bodies.

In the Supplementary Provisions of the Labor Code, it is explicitly specified that "trade union leadership" means the chairperson and the secretary of the respective trade union organization.

It is important to emphasize that protection does not expire immediately after release from the trade union position. The law provides for it to continue for another 6 months after the termination of the mandate.

Why is this protection necessary?

This legal protection is not a privilege, but a guarantee for the free exercise of trade union activity.

Trade union representatives often raise issues related to:

• working conditions;

• working time;

• health and safety at work;

• labor remuneration;

• violations of labor legislation;

• social dialogue with the employer.

Without real protection against pressure and dismissal, trade union activity would be severely hindered, and workers would be left without effective representation.

What does "prior consent" mean?

The employer does not have the right to unilaterally terminate the employment relationship of a protected trade union representative in the specified cases.

Before issuing a dismissal order, they are obliged to request and obtain prior consent from the relevant trade union body. If such consent is not given, the dismissal is unlawful.

Court practice has repeatedly confirmed that failure to comply with this procedure leads to the annulment of the dismissal and reinstatement of the employee to work.

The importance for workers in the transport sector

In the "Transport" sector, trade union protection is of particularly important significance. Transport workers are often faced with:

• high workload;

• shift work;

• increased risk to health and safety;

• shortage of staff;

• pressure during reorganizations and layoffs.

In such an environment, the role of trade union representatives is key to protecting labor rights, safe working conditions, and social dialogue.

Therefore, compliance with the legal protection of trade union representatives is a matter not only of legality but also of guaranteeing the democratic rights of workers.

Federation of Transport Trade Unions will continue to consistently protect the right to free trade union activity and demand strict compliance with labor legislation.

legislation.