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Tsvetan Simeonov: This is a typical case of custom-made legislation

Bulgarian employers’ organizations should adopt the principles of the International Organization of Employers






 
At today’s meeting of the National Council for Tripartite Cooperation, the President of the Bulgarian Chamber of Commerce and Industry Tsvetan Simeonov reminded that the envisaged figures for representativeness are the Government’s job, but the recommendation of the International Organization of Employers (IOE) to consolidate employers to the possible limit should also be taken into account. The principles of self-financing, non-participation of representatives of the state in the bodies of management and international recognition are things which should be improved following the example of the best international practices, he added.
Simeonov dismissed as absurd the reference to an order in the text of the Labour Code. It is possible to refer to the Classification of Activities, but not by citing someone’s order he said.
Mr. Simeonov commented on the proposal to take into account the revenue of the candidates for representative employers’ organizations for the past three years as an obstacle to newly-emerging employers’ organizations. According to the President of BCCI the existing criteria necessary for the admission and registration of documents are enough to rule out the inappropriate candidates. 
The President was skeptical about companies issuing Powers of Attorney for legitimacy of employers’ organizations, because it would take up too much time and would prolong for at least two years. But if the requirement for such Powers of Attorney is adopted for member-companies, then it should be adopted for Labour Unions as well. By the powers of the Non-Profit Legal Persons Acts it is clear that with the act of applying in the organization itself, companies agree with the Statutes of the organization – therefore companies give their consent a priori that their interests will be represented. 
We have a typical case of custom-made legislation, the President of BCCI exclaimed in connection with the idea to exclude from the tripartite dialogue organizations which perform activities assigned by law. For the authors it would have been easier just to write “BCCI shall not participate in the tripartite dialogue”. The arguments of BCCI are well-known – if this proposal is adopted, public-private partnership will become meaningless. Tsvetan Simeonov gave an example with the issuance of ATA Carnets, which is an activity carried out by the International Chamber of Commerce – the only Chamber of which CEIBG is a member because they paid membership-fee. 
Thus, once again BCCI called to adhere to the basic legal principles and let the Court decide which organization is financially dependent on the state and which isn’t.
The regulation of the financial independence of organizations through the proposal for minimum annual membership fee also remains in question. If an employers’ organization collects BGN 500 thousand membership fee a year, and it receives state funding under some of the popular projects at the moment amounting to BGN 1 million, then its independence becomes questionable. In order to avoid this and other doubts about the legitimacy of employers’ organizations as such, Mr. Simeonov expressed hope that the principles of the International Organization of Employers will be adopted quickly, especially when these principles have already been supported in an official letter to the Prime Minister. 

07.11.2011

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