Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maternity Protection Convention, 2000 (No. 183) - Bulgaria (Ratification: 2001)

Article 4(4) of the Convention. Compulsory postnatal leave. The Committee notes that, pursuant to section 163(1) of the Labour Code, the female employee has the right to 410 days of leave for pregnancy and childbirth, of which 42 days must be taken before childbirth. The Committee observes that section 163(1) of the Labour Code does not provide an obligation for female employees to take compulsory postnatal leave. The Committee recalls that according to Article 4(4) of the Convention, maternity leave shall include a period of six weeks’ compulsory leave after childbirth. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that the period of compulsory postnatal leave is at least six weeks.

Article 8(1). Employment protection. The Committee observes that, under section 333(5) of the Labour Code, a pregnant employee can be dismissed with notice when it is objectively impossible to implement the employment contract, as outlined in section 328, paragraph 1, item 12. The Committee recalls that, according to Article 8(1) of the Convention, the burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest on the employer. The Committee, therefore, requests the Government to indicate how it is ensured that the burden of proof in cases involving the dismissal of a pregnant employee under section 328, paragraph 1, item 12, of the Labour Code rests on the employer.