ORDINANCE № 4 OF NOVEMBER 3, 1998 FOR THE TRAINING OF THE REPRESENTATIVES IN THE COMMITTEES AND GROUPS FOR THE LABOUR CONDITIONS IN THE ENTERPRISES
MINISTRY OF LABOUR AND SOCIAL POLICY, MINISTRY OF HEALTH
Prom. SG. 133/11 Nov 1998
Art. 1. (1) This ordinance settles the order, the requirements, the contents and the range of the obligatory training of the representatives of the employer and of the workers and employees in the committees and groups for the labour conditions in the enterprises and of the members of the commissions for social activity at the cooperations, called hereinafter "representatives".
(2) The training of the persons under para 1 aims at acquiring knowledge, skills and habits necessary for exercising their rights and obligations determined by the Law for the healthy and safe labour conditions.
Art. 2. The physicians from the offices of labour medicine and the officials for the organisation and fulfilment of the activities related to the protection and the prophylactics of the professional risks in the enterprises as participants in the committees for the labour conditions shall not be subject to training under this ordinance.
Art. 3. Agreed in the team employment contract can be concrete requirements for the training of the representatives but not lower than the requirements of this ordinance.
Art. 4. The training of the representatives shall be initial and annual.
Art. 5. The training shall be carried out within the frames of the office hours without an effect on the remuneration of the representatives.
Art. 6. (1) The employer shall provide for all expenses related to the training of the representatives.
(2) The employer shall determine, by an order, the representatives who shall be trained, the period and the way of carrying out the training.
Organisation of the training
Art. 7. (1) The initial training of the representatives shall be held within one month from their appointment.
(2) The training shall be carried out in groups consisting of no more than 20 persons.
Art. 8. The training process shall be organised and carried out in compliance with the methods of training, using active forms and suitable visual aids for the teaching material.
Art. 9. (1) The initial education of the representatives shall be held according to training programmes with a total horarium not less than 30 academic hours.
(2) The training programmes shall obligatory provide one fourth of the training time under para 1 for individual or group working out of practical tasks.
(3) The initial training shall conclude by seminar for discussion of the works under para 2.
(4) To those who have completed the training shall be issued certificate which shall be kept by the employer until the end of the mandate of the representatives.
Art. 10. The training programmes for initial training shall obligatory contain the following subjects:
1. state policy, normative provision and management of the activity for providing healthy and safe labour conditions on national scale;
2. company policy and organisation of the activity on providing safe and healthy labour conditions;
3. rights, obligations and responsibility of the participants in the labour process related to the provision of healthy and safe labour conditions;
4. harmful factors for the health and safety of the workers - types, effect on the health and the labour capacity, preventive measures for protection and promotion of the health;
5. methods of assessment and analysis of the professional risks and the conditions of labour, sources of information;
6. labour traumatism, professional diseases and labour related diseases, health, social and economic consequences;
7. social partnership; rights and obligations of the representatives; team work; basic tasks of the committees and the groups for labour conditions;
8. requirements for choice, training, qualification, instruction and information to the workers in the field of the safety and health of labour;
9. special protection of some categories of workers;
10. organisation of the control activity, order and way of exercising the control.
Art. 11. The concrete training programmes and the lectures on the individual subjects:
1. shall be complied with the type of activity, the concrete labour conditions and organisation of the work of the enterprise;
2. shall provide for no less than one academic hour for each subject;
3. shall include practical examples;
4. shall direct toward development of the abilities of the trained for keeping social dialogue, analyses of the organisation of the activity, the status of the labour conditions and the presence of professional risks with the view of applying preventive measures.
Art. 12. (1) The annual training of the representatives shall have a duration of no less than 6 academic hours for:
1. refreshment of their knowledge;
2. improvement of the efficiency of the work and improvement of their personal skills;
3. introduction to the changes of the normative acts in the sphere of the healthy and safe labour conditions;
4. improvement of the forms of work related to the fulfilment of their activity.
(2) The annual training of the representatives shall be registered by written statements containing the participating representatives, lectors and subjects on which the training is held.
Art. 13. The training of the representatives shall be carried out by persons with educational and qualification degree not lower than "specialist on..." according to the Law for the higher education, with professional knowledge and experience in the sphere of the healthy and safe labour conditions, including on the subjects under Art. 10.
Art. 14. Provided for the training shall be:
1. worked out training programmes in compliance with the requirements of this ordinance;
2. the necessary training and technical devices;
3. lectors meeting the requirements of Art. 13;
4. the necessary training materials and devices;
5. documentation related to the reporting on the training.
Art. 15. (1) The training of the representatives shall be organised and held by:
1. trade companies and sole entrepreneurs registered under the Bulgarian legislation whose subject of activity includes training;
2. organisations and units established by virtue of governmental or administrative act which provides for training in the subject of their activities;
3. centres and units for training at the nationally representative organisations of the workers and employees and of the employers.
(2) The employers can, independently or in association, organise and hold the training of their representatives in compliance with all requirements of this ordinance.
Art. 16. (1) In order to organise and hold training the trade companies, sole entrepreneurs, organisations, centres, units and employers shall register in the respective regional labour inspection.
(2) For registration in the regional labour inspection shall be filed application with data for name, address, telephone, fax and copy of the court registration.
(3) The head of the regional labour inspection shall issue certificate for registration in a form.
(4) The regional labour inspection shall keep register and shall periodically announce a list of the registered trade companies, sole entrepreneurs, organisations, centres, units and employees.
Art. 17. The registered for organising and holding training of the representatives trade companies, sole entrepreneurs, organisations, centres, units and employees shall:
1. present annually, by January 31, at the regional labour inspection report on their activity;
2. within ten days inform the regional labour inspection about changes of the address, the name and the subject of activity related to the training;
3. keep the documentation for the training for a period no less than 5 years.
§ 1. In the context of this ordinance "employer" is the concept determined by § 1, item 2 of the Law for healthy and safe labour conditions.
Transitional and concluding provisions
§ 2. The control over the fulfilment of the ordinance shall be exercised by the Chief Labour Inspection.
§ 3. The ordinance is issued pursuant to Art. 30, para 1 of the Law for the healthy and safe labour conditions.
§ 4. The ordinance shall come into force three months after the promulgation in the State Gazette.