CHALLENGES TO PRESERVING THE DIGNITY OF THE WORKER OR EMPLOYEE IN THE REPUBLIC OF BULGARIA

Abstract

This article aims to analyze the Bulgarian labor law and regulations regarding the dignity of the worker or employee and the challenges to their protection in case of harassment by the employer. In the Republic of Bulgaria, many cases of disrespect for the dignity of work. Harassment in the workplace, as the most common cause of trampling on the dignity of the worker or employee, affects every aspect of their life. The Labor Code of the Republic of Bulgaria does not contain an explicit legal regulation of the concepts of “harassment” and “sexual harassment”, nor an explicit prohibition of these activities in the workplace. Sexual harassment and the harassment of certain protected characteristics are regulated in the anti-discrimination legislation, in particular the Protection Against Discrimination Act, which will be discussed in the article. In the article also discusses the Convention No. 190 of 2019 Concerning the Elimination of Violence and Harassment in the World of Work. The authors propose to ratify Convention No. 190 of 2019. The ratification of Convention No. 190/2019 by the Bulgarian state will require a subsequent addition and amendment of the Labor Code, such as the introduction of an explicit legal text in the Labor Code, through which to ensure the protection of the labor right of every worker and employee to exercise their labor rights and obligations in the workplace, without violence and harassment; introduction of an obligation for the employer to develop appropriate rules to combat violence and harassment in the workplace, as well as procedures to protect workers or employees in the event of harassment and etc.

Keywords: labor rights; labor law dignity; discrimination; workplace harassment; sexual harassment; protection from discrimination; employees, employers, Republic of Bulgaria.