Labor law consultation at FTTU

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

Pursuant to Article 333, paragraph 3 of the Labour Code, the employer may dismiss a worker or employee who is a member of a trade union leadership only after obtaining prior consent from a trade union body designated by the central leadership of the respective trade union organisation.

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

• when part of the enterprise is closed or staff is reduced;

• when the volume of work is reduced;

• when there is an alleged lack of qualities for the effective performance of the work;

• when the requirements for the occupied position change;

• in the case of disciplinary dismissal.

Which trade union representatives are protected?

The special protection covers:

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

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

In the Supplementary Provisions of the Labour Code it is expressly clarified that by “trade union leadership” are meant the chairperson and the secretary of the respective trade union organisation.

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

Why is this protection necessary?

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

Trade union representatives often raise issues related to:

• working conditions;

• working hours;

• occupational safety and health;

• labour remuneration;

• violations of labour 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 has no right unilaterally to terminate the employment relationship of a protected trade union representative in the stated 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.

Case law has repeatedly confirmed that failure to observe this procedure leads to the dismissal being annulled and the worker being reinstated to work.

The significance for workers in the transport sector

In the Transport sector, trade union protection is of particularly important significance. Workers in transport are often faced with:

• high workload;

• shift work;

• increased risk to health and safety;

• staff shortages;

• pressure during reorganisations and reductions.

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

That is why 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 and Trade Unions at the CITUB will continue to consistently defend the right to free trade union activity and to insist on strict compliance with labour legislation.