National Workshop on Labour Inspection and Undeclared Work Budapest, October 2009 Collaboration between the GLI EA and Other National Bodies to Address Undeclared Work: Extent and Limits Presented by: Veselina Atanasova- Head of the Projects and Programmes Unit, International Cooperation, Projects and Programmes Department International Cooperation, Projects and Programmes Department

Legal Framework National legislation in force in regard to cooperation and coordination on undeclared work between different administration bodies: The 2008 Labour Inspection Act; Provisions on data exchange and communication of irregularities to the competent authority in: - T he Labour Code; - The Ordinance on the Terms and Procedure to Issue, Refuse and Withdraw of Work Permits for Foreigners in the Republic of Bulgaria; - The Ordinance on the Terms and Procedure Concerning the Posting of Employed Persons from MS or from Third Countries in the Republic of Bulgaria within the Framework of the Provision of Services; others. Collaboration agreements (bilateral and multilateral) between the GLI EA and other national public bodies: The National Revenue Agency; The Employment Agency; The State Agency for Child Protection; The Social Assistance Agency, etc.

Workers not registered with the social security authorities “Self-employed” undeclared workers “Unemployed” undeclared workers Underage workers with no preliminary work permit* Migrant workers with irregular employment status Scope of Collaboration Aspects of Undeclared Work Addressed Non-payment of taxes and social security contributions on real employment earnings

Key Actors Involved GLI EA National Revenue Agency Social Assistance Agency State Agency for Child Protection Migration Services National Police Service Employment Agency

Forms Of Collaboration Mutual exchange of information: Access to registries and databases managed by another agency /e.g. labour inspectors are provided direct access to the register of employment contracts administered by the National Revenue Agency/; Communication of relevant information on a regular base and upon demand; Communication of findings and irregularities to the competent authority. Coordination of activities and joint initiatives (ad hoc campaigns and targeted inspection activities, etc.). Participation in joint bodies (working groups, committees, etc.), constituted specially to tackle different aspects of undeclared work Multidisciplinary Teams for Monitoring Child Labour Coordination Groups /on the concluded agreements/

01/01/ /09/2009 Joint Inspections of the GLI EA with Other Public Authorities 01/01/ /09/2009

Results and Outcomes Aims and Expectations Legal basis for collaboration on undeclared work Better understanding of existing national regulations and procedures Improved coordination and cooperation with other public authorities to combat undeclared work Timely communication of relevant and reliable information Effective control to identify, prevent and remedy various situations of undeclared work Joint initiatives, incl. targeted inspection activities Reducing the incidence of undeclared work Enforcement of decent work conditions and standards

Results and Outcomes Example of Good Practice and Next Steps Since an amendment was made to the labour legislation, obliging employers to register employment contracts, and as labour inspectors were provided access to the register /upon an agreement with the National Social Security Institute at first and later with the National Revenue Agency/, in a number of cases undeclared work has been transformed into formal work, one of the indicators being the considerable decrease of unemployment rates in a relatively short period of time. After joint inspections of the GLI EA and the NRA were organized and carried out in August and September, delayed wages and/or due social security contributions have been paid in many enterprises. An amendment to the national labour legislation to combat cases of “envelope wages” is under discussion. As a result of joint inspection activities of the GLI EA and the Automobile Administration Executive Agency in the transport sector, a proposal for legal provisions tackling undeclared work of carriers is under preparation.

Thank you for the attention! Veselina Atanasova- Head of the Projects and Programmes Unit Website of the GLI EA: