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

Private Employment Agencies Convention, 1997 (No. 181) - Bulgaria (Ratification: 2005)

The Committee notes the observations of the Industrial Capital Association in Bulgaria (ICAB), transmitted by the Government with its report.

Articles 1(1)(b) and 3 of the Convention. Legal status and services provided by private employment agencies. The Committee notes the information provided by the Government in reply to its pervious comment, indicating that the Employment Agency acts as the competent authority for the registration of persons or entities intending to provide employment intermediation services or to engage in temporary employment activities. It further notes that these two categories of activities are distinctly regulated under national legislation. The registration procedures applicable to private employment intermediaries are established under the Employment Promotion Act (EPA) and the Regulation on the Conditions and Procedure for the Performance of Employment Intermediary Activities (RCPPEIA). The registration of temporary employment enterprises is governed by the Labour Code, the EPA and the Ordinance on the Conditions and Procedures for Posting and Sending Employees in the Framework of the Provision of Services. The Committee also notes that, in 2024, amendments were adopted to the EPA introducing a single electronic centralized register, thereby consolidating into one the three previously existing registers relating to: (i) issued registration certificates for intermediary activities; (ii) enterprises providing temporary work; and (iii) persons or intermediaries offering temporary or one-off employment intermediary services within the national territory. The Committee further notes that, during the period January 2023 to June 2024, a total of 288 registration certificates for intermediary activities were issued, of which 167 concerned operations within Bulgaria, 111 concerned operations abroad, and 10 concerned maritime specialists. During the same period, 51 registration certificates were issued to enterprises providing temporary employment. The Committee requests the Government to continue providing detailed and updated information on: (i) the legal status and operational conditions of private employment agencies; (ii) the implementation and practical effect of the 2024 amendments to the Employment Promotion Act, particularly the functioning of the single electronic centralized register; and (iii) any further legislative or regulatory developments governing the operation, supervision, and monitoring of private employment agencies and temporary employment enterprises.

Articles 4,11 and 12. Freedom of association and right to collective bargaining. Adequate protection of workers and allocation of responsibilities. The Committee notes that the provided information does not respond to its previous comments. The Committee, therefore, reiterates its request to the Government to provide detailed information indicating how it is ensured that workers of private employment agencies, including temporary work agencies, enjoy adequate protection with regard to Article 4 and all matters included in Article 11 and how the responsibilities are allocated between private employment agencies and user enterprises in accordance with Article 12.

Articles 4, 10 and 14. Migrant workers. Infringements. Adequate remedies. The Committee notes the Government’s reference to the bilateral agreement concluded in June 2018 between the Government of Bulgaria and the Government of the Republic of Moldova concerning the regulation of labour migration. The Committee further notes that this Agreement includes provisions addressing the working and social conditions of migrant workers, ensuring equal treatment between migrant and national workers with respect to labour rights and obligations, legal protection of personal and property rights, remuneration, and applicable social security legislation. It is further noted that the protection of the rights of migrant workers is ensured by the competent authority of the host country, which in Bulgaria is the Employment Agency under the Ministry of Labour and Social Policy.

With regard to infringements, the Committee notes the Government’s indication that the most frequently observed violations involving intermediary companies and enterprises providing temporary work include: (i) the collection of fees from jobseekers for job placement; (ii) the absence of intermediary contracts with either foreign employers or jobseekers; and (iii) the provision of incomplete information concerning job offers, notably regarding employment duration, working time, remuneration, and living conditions. The Committee notes that, where such violations are established by the Executive Agency “General Labour Inspectorate”, the Employment Agency may terminate the registration of the intermediary company or enterprise concerned following an enforceable penalty decree. The Committee requests the Government to provide detailed information on: (i) the number of migrant workers placed by private employment agencies in Bulgaria; (ii) the nature and frequency of infringements detected, including the measures taken and sanctions applied; and (iii) the manner in which migrant workers have access to adequate remedies in cases of abuse or breach of their rights. The Committee further reiterates its earlier request that the Government provide a general appreciation of the manner in which the Convention is applied in practice, including extracts from labour inspection reports and statistical data on workers covered by the measures giving effect to the provisions of the Convention.

Article 13. Cooperation between the public employment service and the private employment agencies. The Committee notes the information provided by the Government indicating that, as of 31 December 2023, a total of 125 cooperation and collaboration agreements between private employment intermediaries and the territorial divisions of the Employment Agency were in force, and that an additional 10 such agreements had been newly concluded. The Committee notes that these agreements establish the framework for the exchange of information on available vacancies and for the sharing of experience and good practices among the participating entities. The Committee further notes the Government’s indication that the establishment of the single centralized electronic register will enable a more dynamic and efficient exchange of information, thereby reducing the need for additional administrative formalities or burdens. The Committee requests the Government to continue providing detailed information on the measures taken to promote effective cooperation between the Employment Agency, including its local offices, and all private employment agencies. It also requests information on how the conditions governing such cooperation are formulated, implemented, and periodically reviewed to ensure their continued relevance and efficiency.