| New Social Policy Strategy
PREFACE
The adoption of a new social policy is an important element of
the Executive Program of the coalition Government of the Simeon
²² National Movement (SNM) and the Movement for Rights and Freedoms
(MRF). A key priority of this Program is the new approach in social
policy. The need for a change is conditioned by the pursuit of alleviating
the burden of the transition and improving the socio-economic status
of the Bulgarian citizens.
The Strategy is part of the integrated approach of the Government
to implement reforms in the economy and the social life. It takes
into consideration both the national experience and the tendencies,
recommendations and guidelines of the European Commission and the
Council of Europe in this area. The Strategy sets forth the future
activities of the state, the local governments, the employers, the
social partners, and the NGO, which are the key stakeholders in
the social field and highlights the utmost importance of the unification
of their efforts for the success and efficiency of the social policy.
The Strategy outlines the concrete MLSP policies and actions aimed
at achieving the objectives outlined. Its extremely broad range
turns it into a kind of a social contract with the Bulgarian citizens
with a view to improve their social status over the next three years,
namely through:
For people of working age – providing active job brokering services
for permanent job placement in the real economy sector; enhancing
their employability through vocational training and retraining;
improvement of the social insurance system; modernization of the
industrial relations;
- For people over working age - combating poverty and strengthening
the social security for today’s and future pensioners.
- For children – constant concern for enhancing their well-being.
- For disadvantaged people – addressing social exclusion; enhancing
the employment opportunities and improving the social services
for that target group.
- For all citizens and families experiencing difficulties – professional
social assistance, individual approach tailored to the specific
case.
SOCIO-POLITICAL CONTEXT
The objective of the Strategy is to provide the Bulgarian society
with an overarching and coordinated policy approach, which will
assist Bulgarian citizens in facing the new challenges resulting
from the radical transformation both in the economy, and the society.
The Strategy aims at controlling the changes accompanying the work
life and personal life of all Bulgarian citizens – to minimize the
disadvantages, and benefit the most from the advantages.
The social policy has an impact on such key factors as:
- Standard of living
- Quality of life
- Employment
- Personal incomes
- Pension system
- Insurance relations
- Social cohesion
- Industrial relations
- Social dialogue
- Social protection and assistance
- Social services
The object /client group/ of the social policy are the people
of Bulgaria – workers and employees, employers, pensioners, unemployed
persons, children and mothers, families and people with low incomes
and/or disabilities, disadvantaged people, ethnic groups
The agents of the social policy are persons, groups of persons
and the institutions implementing the relevant measures of the social
policy.
This broad range of the social policy necessitates its close interrelation
with the economic, budgetary, tax, foreign and interior policies,
the regional development and the legislation. If all these elements
do not operate in harmony the success of even the best strategies,
programs and action plans is impossible. If the economy does not
create the necessary growth, it would be hard to implement a satisfying
social policy. Economic policy should be designed to both promote
sustainable growth and reduce inequality and be complemented by
social policy. Neither can function alone nor compensate for the
failures of the other.
PRIORITY OBJECTIVES OF THE POLICY OF MLSP
- Sustaining and promoting of employment.
- Increasing personal incomes and improving living standards.
- Stable contemporary social insurance system.
- Modernizing the social assistance system- assistance to disadvantaged
people, fight against social exclusion and further development
of social services.
- Maintaining and enhancing social dialogue.
THE NEED FOR SOCIAL POLICY CHANGE
The main challenge now is to create preconditions for increasing
employment, reducing poverty and overcoming social exclusion under
the conditions of still unfavorable economic environment. Another
challenges are: getting under control the negative tendencies in
the labor market, where labor supply exceeds substantially labor
demand; existence of a relatively large share of informal “grey”
economy; insufficient foreign investment; substantial discrepancy
between work force qualifications and the needs of the restructuring
economy for well-trained professionals.
Until recently, the social policy has been guided by the principle
of passive social protection. We want to turn it into an
active social policy influencing the causes, not the effects,
which will facilitate the creation of a just social order.
The scope of the policy hitherto was aimed at the minimum wages,
guaranteed minimum income, minimum pension, ensuring compensation
and social assistance for the unemployed. In fact, compensation
mechanisms for the existing incomes were sought.The new highlights
result from the integration of different policies and instruments
on the basis of target surveys. For example, the results of analyses
of the unemployment structure have led to a change in the
approach towards programs and active measures, as well as their
target. The efforts were shifted from providing compensations and
benefits to providing employment opportunities. The emphasis now
is on the prevention of long-term unemployment so that the already
unemployed do not slip into long-term unemployment and therefore
need social assistance. Under the existing circumstances of insufficient
labor demand the measures are predominantly directed towards sustaining
and promoting employment through subsidizing the employers and encouraging
entrepreneurship.
Regarding raising incomes, the efforts are aimed at creating
opportunities for increasing the personal disposable net income.
To a large extent this is related to the tax policy, but of substantial
significance is also the implementation of funded active labor market
policies, ensuring employment for people of working age living on
social assistance benefits. At the same time, increase of pension
is possible through expanding the social insurance base through
fight against the informal “ grey” economy.
In the area of social assistance a change is needed in the
overall philosophy of social protection for the people in Bulgaria.
This means re-thinking of the form of social protection through
transforming it from direct money assistance to providing employment
assistance and delivering professional and specialized social services.
The means-tested cash benefit should be paid only after all other
alternatives were tried.
The amount of the Guaranteed Minimum Income benefit should be substantially
increased for the most vulnerable groups, such as lone elderly people,
disabled persons, lone parents.
The amount of the Guaranteed Minimum Income benefit for the unemployed
who are eligible for receiving social assistance should not discourage
them from seeking employment.
Overcoming poverty and social exclusion, which is our major objective
could be done by establishing a specific “social contract”, defining
clearly the functions and the engagements of all parties concerned
– state, communities, NGO and every citizen. The active approach
will be manifested mainly through introducing new social services
and deinstitutionalization of persons in social institutions.
SITUATION ANALYSIS AND THE NEED FOR A NEW CONCEPT
The cornerstone of the new concept is the view that social policy
should be considered globally, taking into consideration the interrelation
of its separate elements and all the trends of overall state policy.
In practice to date there exists certain disconnection, incoherence
and lack of coordination among the various policies. The interrelation
between the economic and social development, between the economic
and social policy is weakened, and often “the economic” dominates
over the “social”. Overcoming this problem requires the adoption
of a new concept for the relationships among the various policies,
so that in case of major changes a preliminary assessment is made
to what extent the policies and measures envisaged are harmonized
and consistent with each other, and do not hinder the achievement
of the outlined goals. The main disadvantage of the past practice
was that the social policy faced the necessity to deal with the
consequences of the economic policy, which determined its passive
nature. The emphasis of the new social policy is placed on the implementation
of a more active policy, which addresses the causes, not the effects.
This implies, that carrying out a preliminary assessment of the
social impact in cases of major changes in the legislation should
be an indispensable part of the social policy itself.
High unemployment is one of the most acute problems in Bulgaria.
Its solving is connected with a number of activities and measures
that the Government has already initiated.
Among the changes already made was the division of the financial
resources for unemployment compensation payments that actually are
social insurance payments and the resources for financing active
labor market measures. Till recently these resources were unified
in the Vocational Training and Unemployment Fund. The National Employment
Agency was funded only through it and suffered from permanent deficit
that had to be covered by the state. Furthermore, over the last
two years, NEA operated without an approved budget and this led
to a lack of whatever funded employment programs and respectively
to increase in unemployment. Together with that, the unemployment
compensation policy was structured in a way that led to a decrease
in the motivation of people receiving compensation payments to start
searching for a job. One of the first steps taken by the Government
of SNM and MRF was the amendment of the Employment Promotion Act.
The compensation Fund was transferred to NSSI and for the first
time the state engaged fully in funding the active labor market
policies through the state budget. This provided opportunities for
the implementation of vocational training programs, programs for
temporary and permanent employment, programs for enhancing the employability.
These measures were initiated as early as the end of last year and
have been very productive.
Now we focus on each citizen with his/her own problems and needs.
We will apply a differentiated approach in order to more effectively
deliver support for those who really need it. We will pay special
attention to the unemployed person – the one actively looking for
a job. He is the target of a number of measures for employment,
training and retraining envisaged in the Employment Promotion Act.
The goal is to reintegrate him socially and economically in society.
In support of this, we are initiating active measures for development
of a new strategy in the sphere of vocational training in the utmost
degree relevant to the economic situation, labor market demand and
European requirements. The unemployment insurance principle will
be maintained under new conditions. Special attention will be paid
to the discouraged workers and ensuring equal access to employment
for women and other disadvantaged groups such as ethnic minorities,
older workers, the handicapped, school-leavers, and the rural unemployed,
against which there are acts of discrimination or other barriers
to entry to the labor market.
An essential component of the social policy is the continuation
of the pension reform. As is well-known the labor market
situation, social assistance system and the pension system are closely
interrelated. The analyses made in the recent months reveal, that
the share of the informal “grey” economy regarding the labor market
is now critically large. According to some assessments it is over
40% and this has a strong negative impact on the pension system.
The fact that a large number of the workers do not have employment
contracts violates their labor rights. In this case they are not
protected at all with regard to short-term social insurance, as
well as the pension insurance. Likewise the widespread concealing
of the real wages leads to a number of negative consequences:
- Problems with the collection of social insurance contributions
and hence the payment of higher pensions;
- Distorted national statistics is formed on the basis of inaccurate
data about the average wage and minimum income per capita, which
gives a strong negative international image of these incomes in
Bulgaria, and the country is cited as one of the poorest in Europe,
occupying the last place as far as incomes are concerned;
- Approximately 2/3 of the working population is insured on the
basis of the minimum or lower wage/salary. This leads to tax evasion
and difficulties for the tax system.
MLSP, as the institution directly responsible for the observation
of the labor and social insurance legislation initiates measures
for ensuring an environment favorable to the normal development
of labor and social insurance relations – and this is one of the
main tasks of the ministry. Along these lines the new intentions
are concerned with focusing public attention on the problems of
the informal sector and enhancing the mechanisms for combating it.
The sought ways for counteraction are in the direction of increasing
the revenue collections in the income tax funds and stricter control
over the observation of labor legislation through the establishment
of Unified Revenue Agency, registration of employment contracts,
starting negotiations for determining the minimum insurance thresholds
or minimum (monthly) wages by sector/branch and profession/trade.
This will create a better and competitive environment for business
and ensure social protection for the working population.
The Government’s efforts are aimed at identifying the persons on
really low incomes. We will elaborate a program of positive measures
for providing compensations, including tax credits, in order to
raise the total taxed income to the poverty line.
Active steps are also taken for concluding bilateral agreements
in the area of social insurance with a view to guarantee the social
insurance rights of many Bulgarian citizens working abroad.
A highlight in our policy is the opening of Bulgaria to the European
labor market and our integration in the process of ever increasing
mobility of labor force. That is why, signing of bilateral agreements
on labor force exchange should be regarded as an opportunity for
self-realization and enhancement of Bulgarian citizens vocational
training and language skills. Besides this practically starts the
preparation process for our incorporation into the future integrated
European labor market, which also coincides with our aspiration
to EU accession.
Regarding incomes, the measures taken are aimed at ensuring their
growth. The state will retain its regulatory functions in the sphere
of labor remuneration.
The concrete parameters will be negotiated at sector or firm level
on the basis of elaborated systems and mechanisms for differentiated
approach to labor remuneration and criteria for its matching with
labor productivity.
Incomes policy is directly dependent on the government budget policy.
The main principle is to limit the redistributional function of
the state and therefore people and business to command larger sums
of money. That is, the emphasis is not to collect money in the form
of taxes and later to give them back as increases or other kinds
of compensation, but to lower taxes in order to increase the personal
disposable income.
This policy will lead to restricting the redistributional role
of the budget. Having in mind the budget prognosis for 2002-2003
and the available opportunity for tax cuts, the salaries /wages/
in the real sector should rise if labor productivity is good. Thus
the state will stimulate incomes since it could not directly affect
the employment relationships in private companies. As far as civil
servants are concerned the state will take measures to increase
their incomes in keeping with the rate of economic growth.
Social protection in the context of the overall state policy
shifts from subsidizing enterprises producing goods and providing
services at fixed prices to state subsidies directly to the needy.
The various targeted social assistance programs are designed to
meet this very requirement – social assistance payments for people
on really low incomes and in need of state assistance.
The social safety net to date has lead to an increase in the number
of unemployed persons in working age receiving social assistance
benefits, and an increase in the share of the long-term unemployed
who have lost working habits, training and motivation for work.
The new idea is to direct social assistance towards persons who
have lost ability to manage independently or with the help of their
relatives. On the other hand, people in working age and in good
health will be offered an opportunity to work for their incomes,
to maintain their working habits and be integrated in society. This
idea will be realized through the new program “From social welfare
to employment”.
The state being the governing factor in the social assistance
policy has the obligation:
- to set out clearly its functions and obligations, as well as
those of the municipalities and NGO in the process of establishing,
maintaining and development of a new in principle social protection
system emphasizing risk prevention;
- to identify the concrete beneficiaries of the system;
- to establish the clearest possible eligibility criteria for
access to social assistance benefits;
- to draw the line between social assistance through money payments
and social assistance through delivering a service in the form
of individual professional social work tailored to the specific
case;
- to establish the normative basis for the divestiture and deinstitutionalization
of social services and the involvement of the municipalities,
NGO and private business;
- to elaborate and introduce unified minimum standards and requirements
for quality, quantity and sufficiency of social (care) services.
- to engage in a large-scale social dialogue on issues concerning
the overall social protection of people;
- to analyze ceaselessly the status of the system and taking
into account the specific economic circumstances to elaborate
the policy in this field.
The municipalities should have understanding and desire
for joint activities in the field of social protection as an active
and equal partner, concerned in the utmost degree with increasing
the well-being of people, their employment and abilities for overcoming
difficulties in everyday life independently.
The Non-governmental organizations also play a particularly
important role in the field of social protection, since they represent
and defend in most of the cases the interests of specific disadvantaged
groups of people. The familiarity with the specifics in the particular
communities – way of life, culture, religion, labor and social skills
and habits, health and similar problems, assigns to the NGOs the
place of equal counterparts in developing and implementing the social
protection and ensures that assistance will reach every single target.
We attach particular importance to partnerships with NGOs delivering
high-level professional services.
We would like to point out some of the main engagements expected
to be undertaken by each Bulgaria citizen:
- to seek actively training or job whenever it is possible;
- to take the opportunity of being independent and manage by
oneself whenever able to do it;
- to take care of his/her children and family members and help
them if necessary;
- to enhance his social insurance culture and put aside funds
for his pension age;
- to be conscientious taxpayer;
- his actions should not cause losses to other taxpayers.
We believe that developing and implementing this new philosophy
will enable us to attain the maximum concern and involvement of
all partners in the process of carrying out the social protection
for people in Bulgaria.
The role of MLSP in the development of the social dialogue is essential.
A Charter and an Agreement for cooperation between the Government
and the social partners have already been prepared, coordinated
and signed. The Ministry works in close cooperation with the regional
and municipal administrations, trade unions and employers’ organizations,
and with the nongovernmental sector. Apart from the formal meetings
in the National Council for Tripartite Cooperation, a number of
forums are also held discussing all questions of national importance
related to the policy and activities of MLSP.
PART ONE
EMPLOYMENT POLICY
A. FACTORS
Prospective labor market developments towards the creation of an
environment favorable for increasing employment and reducing unemployment
are related to the following positive expectations:
- Sustainable economic growth
- Favorable internal and international situation
- Improvement of the business environment through normative,
tax and financial reliefs;
- Committed and responsible participation of all interested parties/stakeholders/
in enhancing the employment and their involvement in the active
policy and program actions;
- Increase of the opportunities for a legal employment abroad;
- Immigration flow from Third world countries considering
the legislative constraints will not have a considerable impact
in the direction of increasing the number of job seekers;
Parallel to these positive expectations we should deal with the
consequences of a number of negative factors:
- Mass lay-offs as a result of the privatization and the
reform in the defense, education and healthcare systems.
- Part of the discouraged persons who do not work and
do not seek a job will start searching for a job again in case
of sustainable economic growth conditions and will be reintegrated
in the labor market.
- Deskilling of part of the labor force that has shifted from
industrial employment to subsistence agriculture as a survival
strategy. A plan will be developed for the reintegration of these
workers into formal employment and social insurance system.
- Low educational and vocational training level (over
60 percent of the unemployed do not have specialty and profession),
which requires substantial funds for education and vocational
training.
- High unemployment among the older citizens resulting
from the pension age increase and the demographic process of population
ageing;
- Labor productivity growth and the implementation of
modern technologies lead to labor savings and reduction in the
number of the employed;
- Low incomes lead to labor demand on the part of students
and pensioners willing to work, and employed persons searching
for a second job.
The expected tendency for 2002-2005 is that overall labor
supply will continue to exceed substantially labor demand.
B. OBJECTIVES
- The main objective of the labor market policy in Bulgaria is
to ensure an effectively functioning labor market that would guarantee
higher level of employment for the economically active population.
- To implement a new, individual-based approach to each unemployed
person.
- To enhance employability.
- To encourage entrepreneurship.
- To create employment for disadvantaged persons.
- To deliver vocational training and retraining.
C. ACTIVITIES FOR DELIVERING THE KEY OBJECTIVES OF THE LABOR
MARKET POLICY
The Republic of Bulgaria has done the relevant preparation regarding
the transposition of the achievements of EU legislation. A founding
document for the employment policy in the short-term and medium-term
are the guidelines of the European Employment Strategy and the EU
directives in the field of equal treatment, professional training
and other issues related to employment. Negotiation Chapter 13 ”Social
policy and employment” was closed in April 2002, and Chapter 2 ”Freedom
of movement of persons” in June.
Objective 1 – Ensure a well functioning labor market
that guarantees higher rate of employment for the economically active
population.
Measures
The economic environment is of key significance for the realization
of this intention, and it has to be improved by removing the barriers
to company development, bureaucratic obstacles and limiting the
complicated and often conflicting requirements of the legislation.
In this respect, MLSP makes its best to support the liberalization
of the licensing and regulatory regimes.
Under the condition of a substantial increase of job vacancies
in the real sector the active labor market policy will be overwhelmingly
directed towards ensuring employment for the risk groups in the
labor market and equal access to job opportunities.
In case, limited company demand for labor is maintained the active
policy funds will be directed with priority to the development of
entrepreneurship and promotion of subsidized employment. Both
alternatives for development envisage maintaining of the targeted
encouragement of professional training for the employed and unemployed
persons.
The active labor market policy is to be implemented through an
effective use of the pre-accession instruments of the EU, and in
particular Phare Program as a predecessor of ESF.
Objective 2 – Implement a new, individual-based approach
to each unemployed person
Measures
Identifying the needs of employers and unemployed as stakeholders
in the labor market increases the effectiveness of the job brokering
services. The implementation of the new approach tailored to meet
the needs of each unemployed person makes possible the systematic
observation of the process of searching and providing employment.
The introduction of an Individual action plan is not only aimed
at making the best to ensure some form of employment for the respective
person but also at turning the temporary positions into permanent
jobs. This will be realized by choosing and matching the most appropriate
forms of training and the employment preferences envisaged in the
Employment Promotion Act. Besides mechanisms for developing joint
schemes between the state and the employers for financing vocational
training programs will be sought.
Objective 3 – Enhance employability
Measures
In order to overcome the consequences of the structural unemployment
it is necessary to orientate the unemployed to relevant training
to acquire professional skills and qualifications in line with the
new requirements of the employers. Achieving higher quality and
effectiveness of vocational training, and respectively, a higher
rate of job placements should be ensured through increasing the
duration of the training process and the allocated funds.
With a view to prevent unemployment and achieve adaptability of
the labor force, including in restructuring enterprises and companies,
the employed persons should also be qualified and maintain up-to-date
skills in order to satisfy the ever growing requirements of the
employers. This can be delivered by providing periodical training
for the employees.
The measures for enhancing the employability of certain groups
of unemployed people, which are a priority for the Government’s
policy will be supported by the ongoing and some planned nationwide
programs, including:
- National program “Computer training for youths”;
- National program ”Enhancing employability and encouragement
of entrepreneurship among young individuals”;
- National program for educational and labor inclusion of young
people dropping out of the secondary educational system;
- National program for education, vocational training and employment
of the Roma population;
- National program for ensuring employment through activities
aimed at improvement of the ecological situation;
- National program for ensuring alternative employment for persons
out of work as a result of privatization of large companies and
monopolies;
- National program “Beautiful Bulgaria”.
Objective 4 – Encourage entrepreneurship
Implementation of programs and measures of economic effectiveness
Their main objectives are ensuring permanent employment through
creation of new jobs in micro-enterprises and self-employment. For
the success of this business the counseling services for its starting
and development should be promoted to the highest degree.
It is necessary to implement programs encouraging entrepreneurship,
especially in the field of the traditional local crafts and manufacture,
making the best use of the opportunities provided by the Business
centers and Business incubators, which foster permanent employment.
Appropriate instruments for creating a functioning business environment
are the established Agro-business Centers and Information Business
Centers under the project “Employment through support to the business-JOBS”.
To facilitate the starting and development of small and medium-size
businesses the scope of the Guarantee Fund for Micro-crediting should
be expanded to the maximum. Besides, the disabled persons to whom
have been extended loans could also participate in the National
program “Promotion of the disabled persons’ entrepreneurship”, which
will facilitate the payment of interests.
The promotion of entrepreneurship among women and young people
is also strategically motivated.
The implementation of infrastructure programs also supports both
the economic reintegration of unemployed people and the municipalities
creating preconditions for a future sustainable employment.
Objective 5 – Create employment for disadvantaged persons
Measures
This objective will be delivered mainly through creation of subsidized
employment directed to the unemployed disadvantaged groups in the
labor market (young people, women, disabled persons, lone mothers,
mothers with up to 3 year old children, orphans, long-term unemployed
with no vocational training and elementary or lower education, unemployed
over 50 years of age), etc. As noted above, this requires alternate
care provision (day care, elder care, etc.)
National Programs, aimed at particular groups of unemployed
which are a priority for the Government Program, such as:
- National program “From social welfare to employment”
- National program “Assistance for retirement”
Several regional programs are also under way reflecting the socio-economic
priorities of the regions and taking advantage of the opportunities
provided by the Employment Promotion Act.
Measures for streamlining of structures in line with the economic,
social and financial restrictions are also envisaged to achieve
the objective outlined above, namely:
- To develop the social partnership in the process of development,
implementation, monitoring and evaluation of the active labor
market policy;
- To develop the Employment Agency as the principal labor market
intermediary, which will implement an annual action plan approved
by the Minister of Labor and Social Policy. The Plan will present
the main tasks of the Agency and the outcomes expected in terms
of number of job placements under employment programs and the
measures to create employment and deliver training;
- To regionalize the implementation of employment policies –
increasing the role of the district employment committees and
the cooperation councils with the labor offices, and streamlining
the allocation of funds for regional active labor policy on the
basis of a set of criteria.
D. EXPECTED OUTCOMES
- Increase in the number of employed individuals;
- Total unemployment reduced and decrease in the unemployment
among young people, long-term unemployed, low-skilled unemployed
and other vulnerable groups in the labor market;
- Reduction of the structural unemployment;
- Decrease in the number of the discouraged persons in the labor
force;
- Improvement of labor force quality;
- More sustainable employment;
- Employment providing sufficient income for family support;
- Reduction of regional employment differences;
- Social protection.
PART TWO
INCOMES POLICY
The founding principle guiding the elaboration of the new incomes
policy is related to the conclusion that the legislation and experience
EU member states prove that the state retains its regulatory role
in the field of labor remuneration.
A. PRIORITIES AND OBJECTIVES OF THE SOCIAL POLICY IN THE FIELD
OF INCOMES:
- Growth in incomes
- Introduction of flexible working/remuneration patterns – hours,
part-time, etc.;
- Poverty monitoring, establishment of a national poverty line
and development of a national policy for dealing with poverty.
B. MAIN DIRECTIONS OF ACTIVITIES AND MEASURES THAT SHOULD BE
TAKEN:
- Formulating the functions of the minimum wage/salary and the
mechanisms for its formation in compliance with the necessity
to fix minimum wages/salaries by sectors/branches and professions.
- Expanding the sphere of sector bargaining of wages.
- Increasing the incomes from entrepreneurship and independent
economic activity;
- Increasing the incomes from property and establishing mechanisms
for stirring up the land market.
- Improving the labor remuneration systems in the public sector
by taking into account the rates of growth of GDP and employees’
personal contributions.
- Amendments to the Labor Code related to the /collective/ bargaining
of wages, principles and mechanisms for determining the basic
and additional labor remunerations, and other provisions regulating
labor relations.
- Development of mechanisms conducive to regular payment of wages
and creation
of legislative framework ensuring the receipt of sums due in case
of employer’s insolvency.
- Amendments to the administrative regulations and tax legislation
aimed at creating a favorable environment for business development,
informal economy shrinkage and personal income growth.
- Elaborating a methodology for determining poverty lines and
poverty monitoring, which will facilitate the development of various
policies in the social sphere.
- Necessity for consistency among the poverty line, the minimum
wage and social assistance benefits.
- Introducing into practice the preliminary evaluations of the
possible social impact of future major changes in legislation;
- Ensuring a better coherence and coordination among the various
policies with a
view to increase the real personal incomes.
For determining the functions of the minimum wage two groups
of factors should be taken into account – economic and social:
- The group of the social factors includes ensuring the minimum
conditions for maintaining health, fitness for work, and normal
life of the employed persons, as well as protection from unmotivated
low remuneration and lapsing into poverty;
- The group of the economic factors includes the requirements
for the economic development of the country, respective sector
or the various organizations, the level of labor productivity,
as well as the need for achieving and sustaining a higher employment
rate for the economically active population.
At the national level the fixing of the minimum wage is related
to the ambition to sustain and increase the purchasing capacity
of the employed, and hence to sustain and increase the employment;
to create conditions for reducing and removing the unfair competition
in the labor market and to stabilize the function of the wage in
macro-economic perspective. With regard to this, the Government
envisages the elaboration of mechanisms for determination of minimum
wages for sectors and professions that will diminish the significance
of the minimum wage overall. These mechanisms will be worked out
together with the active participation of the representative employees’
and employers’ organizations.
The state regulation of wages in the budget organizations and activities
comprises the bodies of the state administration, local self-governance
and local administration and their structural units irrespective
of their financing source; state and municipal organizations financed
through the state or municipal budgets; the specialized organizations
and units financed through extrabudgetary accounts, as well as the
funds created by a law or other normative act.
The wage/salary in the budget organizations and activities is determined
by government decrees in keeping with the adopted State Budget of
the Republic of Bulgaria Act, the implementation of the incomes
policy and the agreements with the International Monetary Fund and
the trade unions. Likewise a CM decree regulates the mechanism for
the formation of the wage bill, within the framework of which are
determined the individual monthly wages/salaries. A mechanism for
evaluation of the individual labor performance of the employed in
the public administration is already being introduced on a step-by-step
basis providing both a possibility for assessing the level of vocational
training and fair remuneration of the employees in conformity with
their skills and personal contribution. The introduction of a new
system for determining the basic monthly remuneration for state
employees, as well as for setting the maximum level of monthly wage
for the state administration employees is also envisaged.
With reference to the transposition of the achievements of the
EU legislations and the obligations of the Republic of Bulgaria
under Chapter 13 “Employment and social policy” it is envisaged
to be established a Guarantee Fund for protection of workers
and employees in case of insolvency of their employer. Representatives
of the trade unions, employers and the Ministry of Labor and Social
Policy have been working in close cooperation for the implementation
of this project. The main objective of the project is the creation
of normative guarantees for the workers and employees that in case
of insolvency of their employer they will receive their labor remuneration
within the time stipulated in the law. The establishment of such
a guarantee institution is supported by the social partners and
would play an important role in the market economy situation.
The main objective of the fiscal policy is to achieve a
high and sustainable economic growth through ensuring the necessary
resources for maintaining fiscal and macroeconomic stability while
at the same time providing substantial relief promoting economic
activity. The emphasis of the new policy is on the usage of indirect
and unconventional instruments for influencing the personal incomes.
Such instruments are the mechanisms for increasing the fair competition
in the economy through a simpler and clear scheme for taxation and
limiting the bureaucratic barriers to business by streamlining the
registration, licensing and regulatory regimes. The systematic reduction
of the rates of the personal income tax with an emphasis on the
low and medium incomes is also of importance.
In times of macroeconomic stability and growth the necessity of
accurate assessment of the welfare of the households under
generally adopted standards, as well as following the tendencies
in that field attains an ever growing significance. Reliable welfare
indicators are needed which will serve for strengthening the (inter)relation
between the objectives of the economic growth and the state programs
for reduction of poverty, inequality and economic uncertainty. The
Government of the Republic of Bulgaria works on a broader and more
comprehensive strategy for poverty reduction with the assistance
of institutions such as the World Bank and UNDP. The Ministry of
Labor and Social Policy intends to increase the effectiveness and
sustainability of its programs for social protection by improving
its capacity for medium-term planning, analysis and policy development.
With regard to this The European Bank for Reconstruction and Development
and the MLSP signed in December 2001 a Letter of Agreement on financing
the project “Survey, Assessment and Development of Policy on the
Issues of Poverty”. The objective of the project is to establish
the institutional foundation for a reliable and permanent mechanism
for survey, assessment and development of policy on poverty issues
based on the Living Standards Measurement Survey (LSMS). It will
serve for timely gathering of reliable and useful statistical data
for analyzing issues of poverty, surveying poverty, and assessing
the impact on it. An opportunity will be created for development
of policy anticipating the tendencies in this area (proactive policy).
The process of institutional building will be supported by assigning
concrete institutional responsibilities, strengthening the governance
and technical expertise of the state for targeting and assessment
of social programs and expenditures. Regular poverty surveillance
is to be carried out, including by preliminary assessment of the
poverty level, the distribution of incomes and the social dimensions
of all government decisions and programs.
The implementation of this project will be a component of a more
comprehensive and more intensive approach to combat poverty and
will make possible the development of a unified strategy that will
rely on the full support of the government, the municipalities and
civil society, and will pursue the goals of international development,
where Bulgaria is a concerned party.
Active engagement of civil society organizations and community
based organizations in poverty monitoring, evaluating the cumulative
effects of policy interventions and active participation in the
social policy formulation and planning process in addition to the
LSMS.
PART THREE
SOCIAL INSURANCE AND INDUSTRIAL RELATIONS POLICY
MLSP’s principled position regarding this field is to ensure the
observance of the labor legislation and seek mechanisms for control
and sanctions. The Government’s principled position is that social
insurance funds revenues should be increased not through increasing
the social insurance burden, but through improving the collection
of the social insurance contributions and expanding the basis i.e.
including more insured persons. Sustaining the pension reform is
an essential condition for the success of the social policy.
A. PRIORITY OBJECTIVES
- Improving the mechanisms for improving the collection and increasing
personal incomes tax revenues;
- Raising gradually the ceiling of all types of pensions without
an increase in social insurance burden;
- Increasing the amount of maternity benefit /i.e. pregnancy
and childbirth benefit/ and parental leave benefit;
- Establishing of a unified information system for the needs
of the Tax Authority and NSSI;
- Promoting the development of the second and third pillar of
the social insurance system;
- Amending the labor legislation.
B. IMPROVEMENT OF THE SOCIAL INSURANCE SYSTEM
- Stricter control over observation of the labor legislation
– establishment of registration regime for employment contracts;
- Streamlining the social insurance burden and its distribution
among the pillars of the social insurance system;
- Gradual reduction of the social insurance burden on the insurers
and corporate income tax rebate as an incentive for improving
of the business climate and attracting more foreign investment,
which in turn will increase tax and social insurance revenues
and create new jobs;
- Codification of social insurance;
- Legislative changes expanding the investment opportunities
for the pension-insurance companies;
- Introduction of minimum wages by occupation and categories
of employees.
C. IMPROVEMENT OF LABOR LEGISLATION
A working group on negotiation Chapter 13 “Social policy and employment”,
is formed with the task to prepare a project for amendment and supplement
to the Labor Code consistent with the directives of EU. The deadline
for this project is March 2003. The working group has a broad representation
from the social partners and also from other ministries and departments.
The envisaged amendments to the Labor Code refer to:
- Forbidding discrimination based on age, gender, ethnicity or
physical handicap;
- Extending the rights of the workers and employees to information
in cases of mass lay-offs;
- The responsibility of the employers in the process of enterprise
restructuring, or in case of change of the employer in the sense
of the Labor Code Art.123 (1), for obligations to workers and
employees assumed before the restructuring or the change of employer;
- Introducing normative acts establishing the equal rights of
the employed under fixed term employment relationships and the
part-time employed, and particularly aimed at equal rights with
regard to ensuring and observing safe and healthy working conditions;
- Extending the normative compulsory elements of the employment
contract, including the identification of the parties concerned
in the employment relationship, etc.
- Incentives for business with a view to elaborate a new scheme
for assessing the personal contributions of the employees, including
the introduction of pension bonuses;
Parallel to that other changes to the Labor Code are discussed
with the social partners, namely:
- Concluding the employment contract in written form and notifying
the NSSI about it; the proposed measure is aimed at achieving
clarity on the number of the concluded employment contracts and
discontinuing the practice of hiring workers and employees without
a written employment contract.
- Determination of sectors /branches/ with a view to realize
the collective bargaining at sector level – since the National
Classification of Industries was repealed and replaced by the
National Classification of Economic Activities. The proposal groups
the economic activities in some 15 sectors, which corresponds
to the existing structures of employees’ and employers’ organizations.
D. ENSURING OCCUPATIONAL SAFETY AND HEALTH
Main objectives:
- to bind the requirements for safety and health at work with
quality standards;
- to develop and implement forms and methods ensuring “welfare
at work” and motivation for safe and healthy labor in the enterprises;
- to create a model and provide the resources necessary for the
implementation of the new norms and requirements related to the
introduction of the EU directives into the Bulgarian national
legislation;
- to update the Regulations for safety at work as a whole;
- to introduce a system for differentiated social insurance contributions
for occupational injuries and occupational diseases;
- to establish a unified information system for labor conditions;
- to promote the quality of work of the occupational health services;
- to strengthen institutionally the Executive Agency “General
Labor Inspectorate” and exercise effective control over the observance
of labor legislation.
PART FOUR
SOCIAL ASSISTANCE POLICY
CHANGING THE SOCIAL ASSISTANCE PHILOSOPHY – INTRODUCTION OF
A DIFFERENTIATED APPROACH
A. PRIORITY DIRECTIONS OF SOCIAL ASSISTANCE ACTIVITIES ARE:
- to change the philosophy of social assistance from providing
social assistance benefits to providing employment assistance;
- to give priority to social services development and adopt a
new act on social services;
- to establish a system of standards in social care services
for disadvantaged people:
- for institutionalized children with various types of disabilities;
- for alternative child care – in day centers, home care, host-families;
- for elderly people with disabilities in the community and for
those placed in specialized institutions;
- for adults with disabilities in the community and for those
placed in specialized institutions;
- setting the standards for the material and technical equipment
in the institutions for children and adults.
- to improve the governance structure of the social assistance
system through fiscal decentralization and central governance
decentralization;
- to involve partners (the municipalities, nongovernmental organizations
and business) in the process of delivering social services and
increasing the quality of life; 6. to establish a set of criteria
for controlling the quality of social care services for adults
and children.
B. ACTIONS AIMED AT MEETING THE CENTRAL PRIORITIES
Objective 1 – Changing the philosophy of social assistance
Measures
- To streamline and better target social assistance activities
– directing financial resources from the state budget to those
who have lost abilities to manage independently.
- To improve the mechanisms for access to social assistance by
refining on the criteria for assessing the socio-economic status
of the family;
- To develop mechanisms for ensuring the proper application of
the social assistance benefits;
- To introduce new forms of targeted social assistance, such
as voucher systems; direct cash transfers to the providers of
goods or services; utilization of new technology equipment to
deliver limited services- magnetic cards, measurement tools, etc.
- To direct the social assistance for people with disabilities
towards creating conditions for their reintegration in society
and independence.
Objective 2 – Giving priority to the development of
the social services aimed at overcoming social exclusion
Measures
- To direct social services and care towards the most vulnerable
groups – old people, lonely people, people with disabilities,
children at risk, representatives of ethnic communities (especially
the Roma);
- To shift from institutionalized care to home and community-based
services;
- To decrease the number of people in social institutions by
20% till the end of 2004 and likewise decrease the number of the
institutions;
- To move the social institutions, which are outside towns/villages
inside the built-up area;
- To improve the material and technical equipment in the social
institutions by reconstruction, renovation and reequipment;
- To introduce new alternative social services – day care centers,
resource centers, consultation centers, home care, micro-houses,
home help services;
- To develop social services for the poorest – public canteens,
warm food for schoolchildren, etc.
- To emphasize the development of services for prevention and
reintegration, and accommodation in the families of relatives
and host families for children at risk;
- To make full use of the existing social institutions and gradually
transform them into day care centers for delivering social care
services.
Objective 3 – Introducing a new approach to people
of working age
Our principled position on this issue is to make the transition
from the philosophy of "assistance" to a philosophy of
"assistance for self-assistance". This will enable people
of working age to become active participants in the labor market
instead of being just passive receivers of social assistance benefits.
Similarly, budget expenditures will be transformed- from cash allocated
for social assistance benefits to expenditures on real wages, social
security and participation.
Objective 4 – Improving the governance structure and
the financing of the social assistance system:
Measures
- To determine the optimum degree of decentralization of financing
and governance;
- To set out the responsibilities of the municipalities and the
state for the maintenance and management of social services establishments;
- To involve nongovernmental organizations in the performance
of state functions for dealing with social exclusion by delivering
accessible social services;
- To finance through state and municipalities after organizing
a competition for juridical persons providing social services;
- To amend the legislation with a view to ensure the successful
implementation of the new philosophy and governance;
- To develop legal regulations on the vocational training requirements
for the employed in the social assistance and social services
system;
- To enhance the administrative capacity of the system for social
assistance and align administrative structures with EU legislation;
- To improve the coordination among the various structural levels
in the field of the social activities.
PART FIVE
DEVELOPMENT OF THE SOCIAL DIALOG
Measures
- To promote the civil society development on the basis of the
European principles of cooperation, responsibility, and solidarity;
- To sustain and further develop an effective and socially fruitful
dialog with the social partners;
- To establish an Economic and Social Council;
- To improve the cooperation and enhance the effectiveness of
the activity of the tripartite councils at all levels by increasing
the social engagement and national responsibility of the social
partners;
- To deliver training on acquiring negotiation skills for employers
and employees to the end of achieving the proper intercommunication.
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