CL "PODKREPA"
PROGRAM
The fundamental structuring principle of CL "PODKREPA" at all levels is the principle of mandatory double affiliation. Only in such a way the representative functions of the union may be realised. Simultaneous affiliation to branch (professional) and regional structures solves the problem of full representation in the process of collective bargaining. In this way all organisational and financial problems which have often been a source of contradiction in the organisation are solved. The regional professional trade union is the unifying structure of the professional and regional representation.
Through the principle of mandatory double affiliation, two basic program objectives of the Confederation are resolved:
First. Building strong centres for trade union protection in every regional structure of CL "PODKREPA".
Second. Creation of strongly specialised expert groups to the respective professional structures for leading branch negotiations.
At the same time the principle for representation in the Confederative Council is also resolved as the membership quota is equally devided between regional and professional structures.
The fulfilment of the principle of trade union solidarity and CL "PODKREPA" motto and the elimination of tension between regional and professional structures, require strict adherence to the adopted major functions:
This distinction outlines the scope of trade union activity, characteristic of the two type of structures and determines the areas of constructive co-operation. Each attempt to go outside the above defined scopes and functions would result in conflictual situations and should be regarded as aimed against the unity of the Confederation.
The double affiliation is transformed into a new principle - the principle of full equality of horizontal and vertical structures in representation and finances of the organisation. The membership dues are mainly centralised in the regional and professional organisation. There the budgets of local and regional unions and of municipal organisations are formed. Deductions and flows of those sums will only be carried out through banks.
An important organisational principle is the decentralisation of the strike funds, those funds shall be formed at professional and regional level in amounts determined by the Congress. Operation of those funds shall implement the principle of trade union solidarity. Strike funds shall be fully independent from state bodies and that should be obligatory regulated by legislation. Strike funds shall be secret and inviolable.
CL "PODKREPA" sets new institutional objectives/or improvement of the main tendencies of its activity.
It is necessary:
For the implementation of these objectives it is necessary:
We should demonstrate in practice the models of formation of trade union policy and social insurance.
Only the representative unions and their structures should be able to conclude collective bargaining agreements. CL "PODKREPA" considers that the existing legislation concerning collective bargaining mechanisms and practices is not in line with the international standards and shall insist on its harmonisation with European law.
CL "PODKREPA" was the first trade union organisation in Bulgaria which proposed trade union elections to be held. We are neither afraid nor we try to evade such elections because we are well aware of our place in society. They will only make things easier for us as the constant coordination with trade union structures of post - communist Bulgaria impedes our work. Such elections can only be held in the presence of legal regulations in the future trade union law.
The principle of independence from state bodies and public organisations may be realised only through full financial independence of the Confederation. We defend the right of every union to obtain gratuitously from the state movable property and real estate in accordance with their proven positions and needs. Such a stand does not contradict our convictions that unions should not be subsidised from the state and municipality budgets.
In the future, CL "PODKREPA" shall continue to collect its funds from membership dues, donations from individuals and legal entities and economic activity. We stand for carrying out the economic activities in accordance with the existing legislation with normative preferences: local tax exemption, duty exemption and tax concessions.
Fundamental program problem for CL "PODKREPA" at present is winning trade union space. The great question today is not whether more than one trade union organisations have the right to exist but where they have the right of trade union association and pluralism. The legally existing administrative restrictions on forming structures of CL "PODKREPA" in the army and police, in security forces, in cooperations and in part of the state and judicial administration are, in our opinion, illegal and in contradiction to the Constitution. Trade union pluralism and the rights of association guaranteed by ILO Convention 87 are necessary in all places where they exist labour relations.
We declare that ownership relations and labour relations are completely different and independent from one another as they guarantee two different kinds of income - capital revenue and earned income. In both cases the right of free association should be guaranteed whereupon for working individuals such association is in essence trade union association. Such association also requires an institution guaranteeing the rights and freedom of workers in cooperatives, private enterprises and joint-stock companies, etc. This institution is the free and democratic trade union such as ours.
CL "PODKREPA" stands for increasing the control and signal functions of the unions especially in the field of occupational safety and respecting labour legislation through their specialised bodies or through representation in the authorised institutions.
CL "PODKREPA" stands for new regulation of collective labour disputes:
First. Special jurisdiction in implementation of labour legislation.
Second. It is necessary to create detailed regulations for the mechanisms of resolving collective labour disputes which should not contain many imperative prohibitions on exercising the right of strike.
Third. The decision for strike action should not be committed to the will of more than half of the workers in an enterprise.
Fourth. Simplifying negotiation procedures between employer and workers and abolishment of the obstacles before reaching a decision for strike action.
Fifth. Effective strike action should be prohibited in only a very limited number of branches and industries. This limitation of rights should be properly compensated.
CL "PODKREPA" will organise effective strike actions in cases when normal techniques of social partnership have lead nowhere.
SOCIOECONOMIC PROGRAM
EMPLOYMENT AND UNEMPLOYMENT, QUALIFICATION AND RETRAINING
CL "PODKREPA" stands for the creation of a labour market as one of the main tasks of economic reform. Absence of an indisputable and mutually satisfactory form of social partnership at the moment stagnates the process development in this field. Protection of employment and the fight against unemployment are priority tasks of the organisation which shall defend the right to work of its members by all legitimate means. We insists on the acceleration of the adoption of adequate legislation on employment, qualification and retraining aimed at the formation of a new state policy focused on preservation of existing jobs and the creation of new ones. Through economic measures the state should stimulate the development of industry, services and the private sector, as well as in the field of intellectual labour and in this way new labour markets will be opened, where hired labour will be properly estimated.
CL "PODKREPA" policy in the field of employment, unemployment, qualification and retraining is directed towards:
First. Improvement of the labour market mechanisms through enrichment and development of the tri-partite co-operation. This could be achieved only through the setting up of a National Employment Council and tripartite management of the u Professional training and unemployment" Fund.
Second. Enlargement of the scope of negotiations with the representative employers organisations for job preservation and creation of new jobs.
Third. More active utalisation of the "Professional training and unemployment" Fund for training and retraining of the laid off workers and encouragement of alternative employment;
Fourth. Development and implementation of alternative employment programs and retraining at branch, regional and national level, especially in closures of ineffective and environmentally dangerous productions.
Fifth. Harmonisation of the normative and regulatory system with the demands of the labour market utilising the experience of countries with developed market economy. We are for a decentralised and deregulated labour market, because only in this way the reallocation of the labour force in trend with the market requirement can take place.
Sixth. A network of regional centres for professional training and retraining to be created in compliance with the free market requirements.
Seventh. Establishment of a security system for unemployed, based on the obligatory contributions from employers and voluntary contributions from employees.
Eight. Protection of the National Labour Market, avoiding any type of discrimination.
Privatisation and restructuring of the economy inevitably lead to unemployment. That is why we insist that the structural reform by all means be accompanied by active measures for reducing the negative social effects, which would not allow mass redundancies to take place.
In the situation of arising unemployment the trade unions could put up with a system for temporary employment, but would insist on maintaining all social standards and guarantees for free collective bargaining.
LABOUR REMUNERATION
CL "PODKREPA" has always supported the creation of a real labour market. From the very beginning of the economic reform, the cost of labour was artificially low. With collective bargaining, we intend to restore its real parameters. It is well known, that under the conditions of free market economy, prices of all goods are determined by supply and demand. The situation we were facing before lacked any governmental policy with respect to incomes, but in most cases the governmental decisions were against the normal logic of social development and market principles. The difference in incomes and the gap between rich and poor increased drastically regardless of educational status or any real merits or capabilities. The attempts to restrict real wages by normative means did not lead to any positive results.
Our objectives with respect to labour remuneration are clear:
That is why CL "PODKREPA" aims to achieve complete abolition of all limitations on labour remunerations. We are against the so called tax on the increase of the mass of labour remuneration funds enforced by the International Monetary Fund. This is not the way to stop inflation.
CL "PODKREPA" insists on:
First. Labour remuneration negotiations to be carried out in all enterprises and budget organisations not withstanding the form of ownership - state, private, co-operative or mixed - where during collective bargaining the starting salary should be adapted to the changes of the social minimum.
Second. The minimum labour remuneration should not be lower than the subsistence level for the country in order to prevent a large part of the population to fall under the poverty line. Monthly calculations of the social minimum should continue in accordance to the agreed at tri-partite basis mechanism which should take into account all aspects of the undergoing economic transition in the country.
Third. Priority should be given to collective bargaining at the branch level. Thus the cost of labour shall be determined more fairly and the interests of larger groups of workers will be protected. Branch level agreements should be minimum and mandatory for all workers in the branch. In order to implement that, associations of the legitimate employers should be established regardless of the form of ownership.
Fourth. For organisations and units subsidised by the budget, respective state body should be a party as a representative of the interests of the owner. In these units labour remuneration negotiating should take into consideration some specific characteristics. Having in mind the limited possibilities of the state budget at the present stage, CL "PODKREPA" shall defend the position that those organisations which realise revenues of their own on extra-budget income and spending accounts should have the right to redistribute parts of the income for labour remuneration. We stand for complete indexation of labour remuneration for state employees in accordance with inflation.
Fifth. For a change in the labour remuneration system. We stand for diving a priority to the hour labour remuneration over the product labour one. In this way the employers shall be obligated to pay the real cost of labour no matter whether they have provided conditions for its realisation. Because of the same reasons we insist for a transition to weekly or even daily payments of salaries.
Sixth. For abolition of state limitations on additional payments for continual work where those should only have minimum character. The possibility of independent formation of the amounts of those payments should be given to commercial companies, based on the condition of the labour market and their company strategy.
Seventh. For abolition of the wrong practice of compensating bad working conditions with additional payments. The aim of CL "PODKREPA" is the adaptation of national working standards to international norms. Thus the percentage of those payments in the nominal salary shall fall sharply. This tendency requires direct stimulation from the state through the mechanisms of tax and credit policies.
LEAVES AND HOURS OF WORK
CL "PODKREPA" will demand the minimal amount of the annual paid leave to be 15 working days, as it is determined by the West-European standards. Through the collective bargaining, the trade union will guarantee a higher amount of the annual paid leave.
CL "PODKREPA" stands for an additional 12 days annual paid leave for all working women.
CL "PODKREPA" is for establishing an efficient legislative guarantees for proper use of the annual paid leave within the time-span of the calendar year, for which it is given.
CL "PODKREPA" insists on determining the amount of the unpaid leave, which could be given by the employer in cases when the production process is stopped due to the lack of raw materials and because of aggravated market conditions.
CL "PODKREPA" insists on implementing a flexible and alternative forms of employment that are widespread in the practice of Western-European countries. These forms will be part of the policy of CL "PODKREPA" with a view to the increasing unemployment.
CL "PODKREPA" considers that an important task in the social sphere should be the cessation of the tendency of reduction of the population living standards. We are insisting this index to be indicated for the families, not individually. In the same manner the tax obligations and social assistance services should be more closely linked to the family and household needs.
SOCIAL INSURANCE
CL "PODKREPA" stands for a new, modern system of social insurance consistent with the experience of the western countries. This system should not only take into account the present realities in the country but to lay the foundation of a fund insurance adequate to the market economy principles. For the realisation of this objective CL ^PODKREPA" will insist on:
First: Social insurance funds creation as corporate bodies. The funds should be financed by the following sources:
The insurance funds should be governed and financed on the tripartite principle.
Second: The tripartite system should be also applied to the social insurance funds financial means' expenditures. The interest's of the working people must be screened by their representatives - the trade unions.
Third: A system for negotiations between the social partners on issues connected with the insurance risks essence.
Fourth: All payments from the social insurance funds should be made for precisely defined social insurance risks only and cannot be used for other purposes. A clear differentiation should be done between the insured social cases and the other reasons which require payments too. For example payments for maternity leave especially in the period of childbirth and raising a baby as well as the child allowances should be born by the state.
CL „PODKREPA" insists on making clear the ways for the new social insurance system's practical implementation. The objective analyses show that a setting up could be started in three areas - health insurance, pension insurance and temporary disability.
The first area where options for the new system's implementation should be sought is the pension insurance because the state budget's potential even to keep the pensions on the living minimum level are quite limited. To think that the state can find a possibility to guarantee a normal differentiation between the different pension's categories taking into account the labour factors would be an Utopia. Therefore it is imperative to look for ways of state budget's alleviation as well as to offer opportunities to the workers & pensioners to increase their incomes through creation of a new pension social insurance system which gradually will develop to a separate one.
The second social insurance area is the urgently needed temporary disability insurance. Here it is worth to think over establishing differentiated instalments from the employers as well as from the employees depending on the social insurance case. CL „PODKREPA" requires the insurance against employment accidents and occupational diseases to be borne only by the employers. In case of other social insured risks the employees' participation with their own instalments might also be foreseen. This participation should depend on the insurance case.
The third area where the new social insurance system should be put into practice is the health care funds. CL "PODKREPA" will insist on the employers participation in these funds' financing.
We are aware that after an immediate separation of all these social insurance funds from the state budget it will happen that their financial means wouldn't be enough to cover all pending payments. Therefore in order to avoid such dangers CL "PODKREPA" will require refunds to be partially supplemented in the beginning from the state budget.
CL "PODKREPA" stands for assuring a minimal pension for retired persons corresponding to the old people living minimum. At present the minimal pension lags far behind the living minimum. It is necessary to re-consider the labour categorisation concept which in its mode of today combined with the existing legislative acts is quite unacceptable for a lot of CL "PODKREPA" members.
CL "PODKREPA" will insist on a legislative regulation of all principles stated in the present program creating a future Social Insurance Law. The adoption by the Parliament of such a law would ease the social tension among an important part of the Bulgarian people.
PROTECTION OF WORKERS' & EMPLOYEES' INTERESTS
The fundamental for the economic reform privatisation process has started with a rather slake pace. The Bulgarian economy conditions and the fate of the social peace are depending on its way of going off. CL "PODKREPA" stands for a privatisation which has to be done on market principles in order to create a class of real owners capable to increase the Bulgarian economy efficiency. At the same time CL "PODKREPA" stands for a privatisation which will take into account the working people's interests as much as possible. Therefore CL "PODKREPA" will insist on changing the legislation and the privatisation practice, namely:
First. The workers and the employees shall get the opportunity to participate in the privatisation of their enterprises under preferential terms. This opportunity should be guaranteed, no matter of the privatisation technics, i.e. not only in purchasing shares, but in land establishments or their parts’ public sale.
Second. The projects for reconstruction and privatisation of the state and municipal establishments should be coordinated with the trade union as well as trade unions' participation should be secured.
Third. The workers and the employees shall have the right of initiative in carrying out the privatisation.
Fourth. There should be used such privatisation technics through which the branch interests will be protected preserving as many jobs as possible.
Fifth. Part of the shares, the equities and the revenues shall reach the social insurance funds.
CL "PODKREPA" will not support a legislative order not in compliance with these requirements, neither will back a realisation of privatisation without clear legislative frames and without guarantees for its control.
PARTICIPATION IN THE ESTABLISHMENTS' MANAGEMENT
One of the world practice controversial problems is the workers participation in the establishments' management. In Bulgaria this subject has wobbled from complete "working staff self-management" to denying the workers' right to participate in the establishments management at all. The Confederation's answer to the necessity of taking part in the establishments management as a matter of principle at this very moment, is positive. The more that in such a way the possibility for a workers' control in the privatisation realisation will be guaranteed.
CL "PODKREPA" stands for an adoption of a law about workers' participation in the establishment management regulating different participation forms:
First. Setting up an establishment's Council, which will be competent to deal with the labour rights in the establishment (but without implying that the Council will conclude the collective agreements, because it has another function).
Second. Participation in the managing and supervisory boards of the companies.
CL PODKREPA understands very well, that the forms and the ways for participation in the management should not be in contradiction with the economic interest and the efficient governing of the firms.
CL "PODKREPA" is for guaranteed rights of the trade unions to have their representatives in the commissions for entering into manager contracts. Taking into consideration the trade unions' judgement might be an important condition for preservation of the social peace and for good establishment's effectiveness.
SOCIAL PARTNERSHIP
CL "PODKREPA" was the first trade union organisation in Bulgaria which took as its leading principle the tripartism and succeeded to inculcate it in the industrial relations practice. Thereby both the independence from the state and from the employers' unions as well as the efficient operation of the social partnership mechanisms, are provided. Under the present conditions of total state monopoly over the property, the tripartite system in Bulgaria differs considerably from the West-European model of social partnership. In the transitional period to market economy, the state and its structures are an obligatory element, a side in the process of coordinating the interests between the employers and the trade unions. In this respect every decision made on a tripartite basis should have an compulsory character for the state institutions in much the same way as they are binding on the trade unions and the employers.
CL "PODKREPA" insists on:
First. Setting up representative employers associations - regardless of the property form - on a national, branch and regional level.
Second. Dialogue only with legitimate and representative - it means for us responsible for their actions - employers' structures winch have possibilities to take independent decisions.
Third. Partnership with the relevant state bodies which provide the general economic, legal and social conditions for the public and private establishment functioning.
Fourth. Model of a mechanism for tripartite cooperation, including the three levels of interests harmonisation - national, branch and regional one.
Fifth. Setting up of representative expert commissions on a national and branch level, that will provide the preventive functions on avoiding the collective labour controversies, arisen from the state establishments' transformation and the privatisation.
Sixth. Formation of expert commissions on different issues -concerning the incomes, the employment, the social insurance and the labour legislation, where problems of the reform in the economic and social sphere will be discussed.
POLICY TOWARDS THE LOCAL SELF-GOVERNING BODIES
CL "PODKREPA" considers that the relations between the trade union structures and the local self-governing bodies should be based on the principles of mutual cooperation. Problems which the establishments' trade union structures have could be submitted to the municipal bodies based on social partnership principle. This applies mainly to the municipal structures and regional organisations being built at the moment. The best solution to be achieved is the trade union structures' representation in the municipal councils, because in such a case all problems within the relevant local self-governing bodies could be more effectively discussed.
CL "PODKREPA" considers that time is ripe for signing regional (municipal) agreements. In them should be included issues of local importance. The relevant regional (municipal) state bodies and trade union structures have to assume their specific responsibilities and obligations to settle these matters.
CL "PODKREPA" declares itself to be for creation of relevant social partnership bodies on a local (regional and municipal) level. With their effective functioning the spirit of cooperation between the state bodies, trade unions and employers shall acquire real dimensions.
CL "PODKREPA" is led in its activity by the International Labour Organisation’s standards as the only social partnership institutionalised social partnership mechanism. We consider the national legislation's adaptation to the existing legal norms as the only way for establishing modern and civilised labour relations.
ENVIRONMENTAL POLICY
In the environmental policy field, CL "PODKREPA" supports the efforts of all the institutions and organisations fighting for the environment preservation. The ecologically clear production is a guarantee to harmonious co-existence of man and nature no matter how heavy investments might be required.
CL "PODKREPA" will give its active assistance to state and private bodies which invest in establishments committed to waste-products recycling securing also alternative employment to the dispensed by closed activities workforce.
CL "PODKREPA" will help within its possibilities' scope the workers of establishments which will be closed for ecological reasons reallocation. The Confederation will insist on getting from the state bodies involved in these procedures the respective programs.
In its education policy CL "PODKREPA" will pay special attention to confederation's members ecological training targeting at their environmental culture's increase and the ecological norms' observation.
CL "PODKREPA" AND THE DEMOCRATIC VALUES
The free trade-unionism is part of the democratic realities in the normal countries all over the world. Only the insane consciousness of alleged socialists and false monetarists can oppose the trade unions to the free market. Therefore we do not accept the accusations that the firm protection of our members' interests is a relapse into the pseudo-socialist practice and blows up the economic reform.
In our relations with the political parties and organisations we will be led by our immutable animosity to the communist ideology and the totalitarism. To us is not so important who is governing but how its is done. Contacts with all, blessing only to those who do not violate our interests and democratic values.
We shall build our relations with other trade unions on the basis of loyalty and on representative criteria. We will not maintain relations with pro-communist trade union formations.
The fundamental rule in our relations with the employers is the social partnership and the tripartism. This is the civilised practice in every normal country. CL ^PODKREPA" will do its best this practice to be set up in Bulgaria.
The free labour is meaningless wit/tout the joy of the family and the human moral values.
CL "PODKREPA" has always been for everyone's right to profess the faith he likes except the false religions of all kind. The religious tolerance is one of our fundamental principles.
All Bulgarian citizens, no matter of their ethnic and religious self-consciousness have similar socio-economic interests.
CL "PODKREPA" is called upon protecting namely these common interests to surmount the artificially inculcated ethnic and religious contradictions and to become of the main consolidating factors for our nation's future.
The free world has always rested on the private ownership. It should become the basis of the democracy in Bulgaria too. Therefore we will defend the private ownership's sanctity and inviolability.
CL "PODKREPA" assumes that public development's dynamic makes difficult the prognosis of all concrete economic parameters. That is the reason for not being able to offer a precise economic assessment. It is our conviction that the thesis character of the present Program Declaration gives opportunities to the Confederation's collective governing body to alter the program objectives depending on the specific situation.
But irrevocable remain our principles and motto:
BREAD, PEACE, FREEDOM !
