THE ROLE OF THE NATIONAL INSTITUTE FOR CONCILIATION AND ARBITRATION IN THE SOCIAL DIALOGUE IN BULGARIA

NIKOLA KONDEVNICA, Bulgaria

STATUTE - 1

• The National Institute for Conciliation and Arbitration (NICA) is developed as an unified, tripartite system;

• The Supervisory Board includes representatives of the state, the nationally represented employers’ organisations and trade unions;

STATUTE - 2

• NICA is a legal entity with the Minister of Labor and Social Policy, based in Sofia and having the rank of an executive agency;

• Established with the Settlement of Collective Labor Disputes Act, promulgated in 1990, amended with SG 25/2001, and effective from 31.03.2001.

GOALS - 1

• NICA – to develop a unified tripartite structure which includes the state, the employers’ organisations and the trade unions;

• The collective labour disputes to be resolved quickly, before the tension between the disputing parties has grown to the degree of an extreme form of protest – strike;

GOALS - 2

• Within the framework of the Settlement of Collective Labor Disputes Act, to assist settlement of collective labour disputes by means of its basic activity – the mediation and arbitration, as an alternative out of court tool for dispute resolutions;

GOALS - 3

NICA has to facilitate: • Swift and mutually agreeable settlement of

industrial disputes; • Improvement of social dialogue; • Establishment of European social model for

settlement of disputes in industrial relationships.

ACTIVITIES - 1

• Mediation and arbitration in collective labour dispute settlement – maintained by the Institute alone, or in collaboration with the social partners;

• Collects, stores and analyses data about: а) collective labour bargaining and disputes;

b) reasons leading to collective labour disputes; c) means and terms of collective labour dispute settlement;

ACTIVITIES - 2

• To develop training programmes; • NICA conducts training of mediators and

arbitrators; • Supports a database of mediators and

arbitrators and of trainings provided for them; • Works in partnership with Bulgarian and

international institutions and organisations in relation with the activities of the Institute;

ACTIVITIES - 3

• Conducts consultations in the area of its activities;

• Issues information publications, lectures etc., related to the activities of the Institute;

• Arranges specialised training in the country and abroad related to the functions of the Institute;

ACTIVITIES - 4

• Participates in drafting legislation and submits proposals to the Minister of Labour and Social Policy concerning the improvement of legislation in the field of collective labour dispute settlement;

• Studies and promotes best international practices in the field of collective labour dispute settlement;

• Functions, occurring from current legislation.

LEGISLATION

• Labour Code in the Republic of Bulgaria;• Settlement of Collective Labour Disputes Act;• Regulation on the structure and activities of

the National Institute for Conciliation and Arbitration;

• Rules of organisation and procedure of the Supervisory Board of the National Institute for Conciliation and Arbitration.

SUPERVISORY BOARD - 1

• Director;• The Supervisory Board (18 persons) comprises

of two representatives of the representative organisations of employees, employers and the state. The representatives of the state are to be determined by the Minister of Labour and Social Policy;

SUPERVISORY BOARD - 2

• Adopts a regulation for its organisation and activity;

• Approves programmes for the activity of the institute;

• Adopts a draft yearly budget, which shall be approved by the Minister of Labour and Social Policy;

SUPERVISORY BOARD - 3

• Adopts rules for carrying out mediation and arbitration;

• Adopts selection criteria and approves the lists of mediators and arbitrators drafted on the basis of proposals by organisations of employees and employers and by the state.

THANK YOU FOR YOUR ATTENTION !

E-mail: n.kondev@nipa.bg59 Boriana Str., Sofia, Bulgaria

Tel/Fax: +359.2.955.97.25nipa@nipa.bg

www.nipa.bg