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

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

• NIKOLA KONDEV
• NICA, Bulgaria

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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

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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.

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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

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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

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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.

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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
• ?) collective labour bargaining and
  disputesb) reasons leading to collective labour
  disputes c) means and terms of collective
  labour dispute settlement

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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

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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

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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.

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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.

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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

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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

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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.

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• THANK YOU FOR YOUR ATTENTION !
• E-mail n.kondev_at_nipa.bg
• 59 Boriana Str., Sofia, Bulgaria
• Tel/Fax [phone]
• nipa_at_nipa.bg
• www.nipa.bg