Chapter one
Art.
1. This law regulates public relations concerning prevention of discrimination
and the mechanisms of protection and control in cases of discrimination.
Article 2. The purpose of this law
is to secure for every person the right to:
1. efficient protection against
discrimination;
2. equality of treatment;
3. equality before the law;
4. equal opportunities for
participation in the public life of the
Article 3. (1) Any direct or
indirect discrimination on grounds of gender, race, skin colour, ethnicity,
citizenship, political or other creed, religion or belief, disability, age,
sexual orientation, marital status or origin shall be forbidden.
(2) Harassment based on the markers
referred to in paragraph 1, sexual harassment, instigation of discrimination,
persecution and racial segregation shall be deemed discrimination.
(3) The building and maintenance of
an architectural environment hampering the access of people with disabilities
to public places shall be deemed discrimination.
Article 4. Direct discrimination
shall be a less favourable treatment of a person, on the basis of the markers,
referred to in article 3, paragraph 1, than another person is treated, has been
treated or would be treated under comparable circumstances.
Article 5. Indirect discrimination
shall be putting a person, on the basis of the markers referred to in article
3, paragraph 1 in a less favourable position in comparison with other persons
by means of an apparently neutral provision, criterion or practice, unless the
said provision, criterion or practice have objective justification in view of a
legitimate aim, not connected with the markers referred to in article 3, paragraph
1 and the means for achieving this purpose are appropriate and do not exceed
what is necessary for its achievement.
Article 6. Harassment shall be any
unwanted conduct based on the markers, referred to in article 3, paragraph 1,
expressed in a physical, verbal or any other manner, which has the purpose or
effect of violating the person’s dignity or creating a hostile, degrading,
humiliating or intimidating environment, attitude or practice.
Article. 8 (1) Persecution shall be
a less favourable treatment of a person, who has undertaken or is supposed to
have undertaken, or will undertake an action in defence against
discrimination.
(2) The actions referred to in
paragraph 1 can include making a complaint or a signal, laying a suit, or
testifying in a lawsuit for protection against discrimination.
(3) Persecution shall also be a less
favourable treatment of a person when a related person has undertaken or is
supposed to have undertaken, or will undertake the actions referred to in
paragraph 1.
(4) Persecution shall also be a less
favourable treatment of a person who has refused to discriminate in the
conditions of Art. 9.
Article.
9. Instigation to discrimination shall be direct and purposeful encouragement,
instruction, exertion of pressure or prevailing upon someone to discriminate
when the instigator is in a position to influence the instigated.
Article. 10. Racial segregation
shall be the issuing of an act, the performing of an action or omission, which
leads to compulsory separation, differentiation or dissociation of persons
based on their race, ethnicity or skin colour.
Article. 11. (1) It shall not be deemed to be
discrimination:
1. the different treatment of
persons on the basis of their citizenship or of persons without citizenship
when it is provided for in a law,
2. the different treatment of
persons on the basis of a characteristic related to a marker referred to in
Art. 3, paragraph 1, when the said characteristics, by reason of the nature of
the particular occupation or activity, or of the conditions in which it is
carried out, constitutes a genuine and determining professional requirement,
the objective is legitimate and the requirement does not exceed what is
necessary for its achievement;
3. the different treatment of
persons on the basis of religion, faith or gender related to an occupation,
carried out in religious institutions or organizations when, by reason of the
nature of the occupation or of the conditions in which it is carried out the
religion, faith or gender constitutes a genuine and determining professional
requirement in view of the character of the institution or organization, when
objective is legitimate and the requirement does not exceed what is necessary
for its achievement;
4. the different treatment of
persons on the basis of religion, faith or gender in religious education or
training, including training or education for the purpose of carrying out an
occupation referred to in (3) above;
5. the different treatment of
persons with disabilities in conducting training or acquiring education to the
effect of satisfying specific educational needs that would provide them equal
opportunities;
6. setting requirements for minimum
age, professional experience or length of service in recruitment procedures or
in granting certain job-related privileges;
7. setting requirements for maximum age
in recruitment procedures, connected with the need for training in order to
occupy the respective position or with the need for a reasonable time of
service before the person’s retirement;
8. setting requirements for minimum and
maximum age for access to education when it is an objective necessity by reason of the nature of the training or education, or of
the conditions in which it is conducted;
9. the age requirements and the
requirements for length of labour or official service, set by the law for the
purposes of pension security;
10. the measures protecting the
originality of persons, belonging to ethnic, religious or language minorities,
and their right of sustaining and developing, individually or jointly with the
rest of the group members their culture, of professing and practicing their
religion, or of using their own language;
11. the special protection of pregnant
women and mothers, laid down by law, unless the pregnant woman or the mother
wishes not to use this protection and has so informed the employer in a written
form;
12. the special protection of
children without parents, under-age persons, single parents and persons with
disabilities, laid down by law;
13. The measures within the meaning of the Encouragement
of Employment Act shall not be deemed to be discrimination, namely the special
conditions for emergence, alteration or cancellation or of the content of a
labour or official relationship, which pursues the encouragement of the
professional integration or of protection of persons with reference to their
age or marital status.
(2)
The list of activities where gender is a genuine and determining professional
requirement according to art. 11, paragraph 1(2) shall be established with an
ordinance of the minister of labour and social policy, endorsed by the minister
of defence and the minister of the interior. This list shall be duly agreed
with the occurring changes in the labour conditions and be revised at least
once every three years.
(3) The
special measures in favour of persons or groups of persons in deprived position
on the basis of the markers refereed to in art. 3, paragraph 1 for the purpose
of providing equal opportunities for them, so far and as long as those measures
are necessary, shall not be deemed as discriminatory.
(4) The measures in the fields of
training and education for proportional participation of women and men, so far and al long as those measures are
necessary, shall not be deemed as discriminatory.
(5) The measures in the fields of
training and education for providing participation of persons, belonging to an
ethnic minority, so far and as long as
those measures are necessary, shall not be deemed as
discriminatory.
Article 12. (1) This law protects
from discrimination all natural persons, their associations or groups of
persons on the territory of the
(2) The legal entities shall benefit from the
rights laid down in this law in cases when they are treated less favourably
than another person in comparable circumstances is or has been treated by
reason of the presence of the markers referred to in Art. 3, paragraph 1 in
their members or in their workers or staff.
(3) Protection from discrimination
should extend even after the relationship in which the discrimination is said
to have occurred has ended.
Article 13. (1) Discrimination in
the enjoyment, exercise and protection of the rights and freedoms, laid down in
the Constitution of the
(2) The forbidden discrimination
shall apply to all.
Article 14. In a lawsuit for
protection against discrimination, after the party contending to be a victim of
discrimination establishes facts, sustaining the assumption of occurred
discrimination, the defendant party must prove that the right of equal
treatment has not been infringed.
Article 15. Persons who have
assisted acts of discrimination shall bear responsibility under this law.
Article 16. When exercising their
powers, the state bodies and local self-governance bodies shall take all
possible and necessary measures to achieve the objectives of this law.
Article 17. (1) The bodies of state
power, the public bodies and the local self-governance bodies shall take
measures in the meaning of art. 11, paragraphs 3 and 4 when that is needed to
achieve the objectives of this law.
(2) The bodies of state power, the
public bodies and the local self-governance bodies shall take priority measures
in the meaning of art. 11, paragraphs 3 and 4 to make equal the opportunities
of persons, victims of multiple discrimination.
Chapter two
PROTECTION AGAINST DISCRIMINATION
Section І
Protection in exercising the right of labour
Article 18. Discrimination shall be
forbidden in:
1. access to self-employment, the
practicing of a free profession and commercial activity;
2. access to vocational training for
occupation or part of an occupation;
3. determining the conditions of the
labour or official relationship, imposing disciplinary sanctions and unilateral
discontinuance of labour or official relationships;
4. intermediary vocational guidance and
consultation for the purposes of information and recruitment;
5. issuing of licenses and permits for
performing an activity or practicing a profession and for acceptance to a
professional organisation.
Article 19. The employer cannot
change or discontinue the labour relationship with a worker or an employee
because the worker or the employee has undertaken, or is supposed to have
undertaken, or will undertake actions in defence against discrimination.
Article 20. (1) When a
vacancy is announced, the employer has no right to impose requirements related
to the markers referred to in art. 3, paragraph 1, except in the cases set in
art. 11.
(2) Before the signing
of a labour contract the employer shall not have the right to demand from the
candidate information concerning the markers referred to in art. 3, paragraph 1
except in the cases set in art. 11, or when that serves the needs of an
investigation preceding the issuing of a permit for work with classified
information, subject to the arrangements of the Protection of Classified
Information Act.
(3) The employer has
no right to refuse to employ a candidate on grounds of pregnancy, maternity or
childbearing.
(4) The employer has
no right to refuse to employ, or to employ under less favourable conditions, a
persons by reasons of the markers, referred to in art. 3, paragraph 1, except
in the cases set in art. 11.
Article
21. (1) The employer shall ensure equal working conditions without reference to
the markers referred to in art. 3, paragraph 1.
(2) Unless it shall not impose an
inproportionate burden on the employer in organising and carrying out the
production, and when ways exist to compensate the objectively possible
unfavourable consequences for the general production result, the employer shall
provide working conditions, in view of the working time and the days off,
complying with the requirements of the religion or belief, professed by a
worker or employee.
Article 22. (1) The employer shall
secure equal remuneration for equal and equivalent labour.
(2) Paragraph 1 shall apply for all
remuneration, paid directly or indirectly, in cash or in-kind.
(3) The performance assessment
criteria in determining the labour remunerations shall be equal for all workers
and employees and shall be determined by collective employment agreements or by
the administrative arrangements regarding the salaries with no reference to the
markers set in art. 3, paragraph 1.
Article
23. (1) The employer is obliged not to discriminate the workers and employees
in providing opportunities for vocational training, advanced vocational
training and retraining.
(2)
The employer shall create conditions for sustaining and increasing the
professional qualification of a worker or employee who is on a childbearing
leave.
Article 24. The employer shall
provide equal opportunities to the workers and employees, without reference to
the markers referred to in art. 3, paragraph 1, for professional development
and promotion in position or rank by applying equal criteria and indicators in
the assessment of their performance.
Article 25. (1) The employer is
obliged to adapt the workplace to the needs of persons with disabilities when
employed or, if the disability occurs after the employment, unless it shall not
impose an inproportionate burden on the employer.
(2) When the workplace cannot be
adapted to the needs of an employee in compliance with the requirements of the
preceding paragraph, the employer shall readjust the employee in accordance
with the arrangements of the Labour Code.
Article 26. An employer who has
received a complaint from a worker or employee, believing to be a victim of
harassment, including sexual harassment on the job, is obliged to immediately
carry out an investigation, take measures to stop the harassment and impose
disciplinary sanction if the harassment was the deed of another worker or
employee.
Article 27. The employer, in cooperation with
the syndicates, is obliged to take efficient measures to avert any form of
discrimination at the place of work.
Article 28. In case of failure to fulfil the
obligation laid down in art. 27, the employer shall bear responsibility under
this law for acts of discrimination done by a worker or an employee at the
place of work.
Article 29. The employer shall apply
equal criteria to disciplinary sanctions without reference to the markers
referred to in art.3, paragraph 1.
Article 30. The employer shall apply
equal criteria in exercise of his right to unilateral discontinuation of the
employment contract as set in art. 328, paragraph 1, (2-5), (10) and (11) and
art. 329 of the Labour Code, or of an official relationship under art. 106,
paragraph 1, (2), (3) and (5) of the Civil Servant Act without reference to the
markers referred to in art. 3, paragraph 1.
Article 31. The employer shall
display, on a place in the enterprise accessible for the workers and employees,
the text of this law, as well as all administrative regulations and the clauses
of the collective labour agreement, related to protection against discrimination.
Article 32. (1) When requested, the
employer shall give information to a person claiming violation of his/her
rights under this section.
(2) The information referred to in
paragraph 1 should contain the justification of the decision taken by the
employer, as well as other relevant data.
Article 33. (1) The employer is
obliged, when needed to achieve the objectives of this law, to encourage
persons belonging to the less represented gender or ethnic groups, to apply for
a certain job or position.
(2) The employer is obliged, in
otherwise equal terms, to encourage the vocational development and
participation of workers and employees, belonging to a certain gender or ethnic
group when the latter is less represented among the workers and employees doing
a given job or occupying a given position.
Article 34. The territorial
divisions of the Employment Agency are obliged to secure equal opportunities to
the unemployed persons for use and exercise of their rights, guaranteed by the
law without reference to the markers referred to in art. 3, paragraph 1.
Article 35. The persons have the
right to equal access to profession or occupation, the possibility to practice
them and develop in them without reference to the markers referred to in art.
3, paragraph 1.
Article 36. The provisions of this section
shall also apply to discrimination based on gender in the regular military
service of the armed forces, with the exception of activities where gender is a
determining factor.
Article 37. The provisions of this section
shall apply respectively to official legal relationships.
Section II
Protection in exercising the right to education
and training
Article 38. The training
institutions are obliged not to discriminate the persons in:
Article 39. The training
institutions shall take reasonable measures to compensate the disabilities of
persons and provide for efficient exercise of their rights covered by art. 38,
unless it shall not impose an inproportionate burden on the institution.
Article 40. The head of the training
institution who has received a complaint from a trainee, believing to be a
victim of harassment by an administrative servant, lecturer or another trainee,
is obliged to immediately carry out an investigation, take measures to stop the
harassment, as well to impose a disciplinary sanction.
Article 41. (1) The head of the training
institution shall take effective measures to prevent any form of discrimination
on the place of training by a lecturer, administrative servant or a trainee.
(2) The ministry of Education and
Science and the local self-government bodies shall take the necessary measures
not to allow or to stop any racial segregation in the training institutions.
Article 42. In case of failure to fulfil the
obligation set in art. 41, paragraph 1 the head of the training institution
shall bear responsibility for discrimination at the place of training by an
administrative servant, lecturer or trainee in the meaning of this law.
Article 43. The head of the training
institution shall display the provisions of this law, and all administrative
regulations related to protection against discrimination on an accessible
place.
Article 44. (1) When requested, the
head of the training institution shall give information to a person claiming
violation of his/her rights under this section.
(2) The information referred to in
paragraph 1 should contain the justification of the decision, taken by the head
or a lecturer, as well as other relevant data.
Protection in exercising other rights
Article 45. The state power and local
self-government bodies and the public bodies, as well as their administrations
are obliged to respect and apply the principle of equality of treatment.
Article 46. Discrimination shall be
forbidden in:
1. possession of share in the capital
of commercial companies;
2. performing activities, financed with
budget funds, as well performing activities for public benefit;
3. providing access to and use of
public space and premises, in particular through refusal to grant access or
use, or under less favourable conditions;
4. renting of movable and immovable
property for commercial purposes, as well as renting state, municipal or
departmental dwellings;
5. use of social protection, including
the social security and healthcare, as well as the provision and use of welfare
benefits;
6. supplying medical and prophylactic
help, as well as admission and stay in hospitals and the supply of medical
substances.
Article 47. The ordering, production
and dissemination in any form of advertisements and announcements, containing
or instigating discrimination on grounds of the markers referred to in art. 3,
paragraph 1, shall be forbidden.
Article 48. (1) Persons, providing
training or education, as well as the compilers of textbooks and learning
materials, are obliged to give information and apply methods of training and
education in a way, directed at overcoming the stereotype of the roles of women
and men in all spheres of the public and family life.
(2) The nurseries, schools and
higher education institutions shall include in their curricula and plans
training on the problems of the equality between women and men.
(3) Paragraph 1 shall apply also to
overcoming the negative stereotypes towards racial, ethnic ad religious groups,
as well as towards persons with disabilities.
Article 49. (1) The syndicates, the
guild and other professional organisations and the employers’ organisations
cannot pose requirements to subscription, membership or participation in their
activity on grounds of the markers, referred to in art. 3, paragraph 1.
(2) The members of the organisations
covered by paragraph 1 shall have equal opportunities for exercising and using
the rights, deriving from the membership relationship, as well as of the rights
deriving from its discontinuation.
Article 50. (1) Discrimination in
provision of goods and services, including administrative services, as well as discrimination
in the access to information related to the provision of goods and services
shall be forbidden.
(2) The interdiction laid down in
paragraph 1 shall also apply to cases of:
1. refusal to provide goods and
services;
2. provision of goods and services
under less favourable conditions;
3. provision of goods and services
of lower quality.
Article 51. The state and public
bodies and the bodies of local self-government shall encourage and facilitate
the balanced participation of women and men, as well as the sufficiently
representative participation of persons belonging to ethnic, religious or
language minorities in the governance and the decision-making.
Article 52. (1) If the candidates
for a position in the administration are equivalent in view of the requirements
for occupying the position, the state and public bodies and the bodies of local
self-government shall employ the candidate of the less represented gender until
the achievement of a 40% representation in the respective administrative units.
(2) Paragraph 1 shall apply also in
the selection of participants or board members, expert working groups,
governing, counsellor or other bodies, unless those participants are selected
my means of a vote.
Article 53 Discrimination in the recruitment
for military service on grounds of race, colour of the skin, ethnicity,
religion or belief, or sexual orientation shall be forbidden.
Chapter three
Article
54. (1) The Commission for protection against discrimination, hereinafter
called “The Commission”, shall be an independent specialised state body for
prevention against discrimination, protection against discrimination and
ensuring equal opportunities.
(2) The Commission shall exert control
over the implementation and compliance with this law.
(3) The Commission is a legal entity
on government supply, first-level authorising officer of budget estimates with
headquarters in
(4) The Commission reports to the
National Assembly on its activities per annum by March 31 of the following
year, including information on the activities of each of its sub-commissions.
Article 55. (1) The work of the
Commission is based on the principles of legality, publicity and transparency.
(2)
In exercising its powers the Commission cooperates with non-for-profit legal
entities.
Article
56. (1) The Commission is a collegial body comprised of fifteen persons, of
which at least three jurists. The National Assembly selects nine and the
president of the republic six of the members of the Commission.
(2)
The Commission elects a chairperson and two vice-chairs from among its members
with a simple majority.
(3) The tern of office of the
members of the Commission is 4 years.
(4) In selecting or appointing
Commission members the principles for proportionate participation of women and
men and participation of persons belonging to ethnic minorities shall be
respected.
Article
57. (1) A member of the Commission can be only Bulgarian citizen having a legal
capacity who has:
1. completed higher education;
2. high moral;
3. knowledge and experience in the
filed of human rights protection;
4. not been convicted of
aforethought offence, unless he/she was rehabilitated.
(2) Member of the Commission
cannot:
1. be a sole-proprietor, manager,
procurator or member of executive or controlling bodies of commercial companies
or cooperations, assignee in bankruptcy or liquidator;
2. occupy another paid position, except
when he/she practices scientific or lecturer’s activities;
3. be a political party member.
Article 58. The time, during which
the person has worked as a member of the Commission, is acknowledged as time of
service in the meaning of the Civil Servant Act.
Article
59. (1) The powers of a member of the
Commission are discontinued pre-term:
1. in the event of death or placement
under full or limited judicial disability;
2. at the member’s request;
3.
when the s/he has done an ascertained act of discrimination;
4. in case of inability to fulfil
his/her obligations for more than six months;
5. in the event of entering into force
of a verdict for aforethought offence
of general nature;
6. in case of invalidated
justifications in the meaning of art. 57, paragraph 1 (2) and in case of
incompatibility with the provisions of art. 57, paragraph 2.
(2) In the instances laid down in
paragraph 1 (1) the discontinuation of powers occurs parallel with the
occurrence of the respective justification; in the instances laid down in
paragraph 1 (2), (3), (4), (5) and (6) the Commission makes a motivated
proposal for dismissal to the National Assembly or to the President of the
Republic.
(3)
Within a month’s time of the discontinuation of powers in the meaning of
paragraph 1 the National Assembly or the president of the
Article
60. (1) The chairperson of the Commission receives a basic monthly remuneration
equal to three average monthly salaries of the employees in a labour or
official relationship in the budget sphere in accordance with the data of the
National Institute of Statistics. The basic monthly remuneration is
recalculated quarterly with regard to the average monthly salary from the last
month of the preceding quarter.
(2)
The vice-chairs of the Commission receive a basic monthly remuneration equal to
95%, and the members of the Commission 90% of the remuneration of the
Commission’s chairperson.
Article 61. (1) The Commission
adopts regulations for its structure and activity, published in the Official
Gazette.
(2)
The Commission is assisted in its work by an administration.
(3)
The structure and functions of the administration, as well as the number of its
staff, is laid down in the regulations referred to in paragraph 1.
Article
62. (1) The Commission for protection against discrimination:
1. establishes infringements of this
law and imposes the envisaged sanctions;
2. ordains prevention, ceasing of the
infringement and restoration of the initial situation by imposing measures of
administrative compulsion and issues other mandatory prescriptions for
compliance with this law;
3. appeals the administrative acts,
enacted in contravention of this law following the procedure of the
Administrative Proceedings Act or the Law of the Supreme Administrative Court
Act;
4. proposes to the executive power and
local self-government bodies to abrogate acts, issued in contravention of this
law;
5. provides explanation to persons
about their rights and obligations laid down this law and the means for their
protection at the persons’ request;
6. gives statements on the conformity
of normative acts drafts with the legislation for prevention of discrimination,
as well as recommendations for adopting, abrogating, amending and supplementing
normative acts;
7. organises scientific research
related to the problems of discrimination;
8. publishes manuals of good practice
on prevention against discrimination and encouragement of equality in certain
spheres of implementation of this law;
9. maintains a public register of the
enacted decisions and mandatory prescriptions it has issued;
10. promotes its activity and the
principle of equality in the treatment of and opportunities for all by
accounting for the specificities in the access to information of various groups
of the population;
11. organises education and training
activities connected with the implementation and compliance with this law;
12. systematically observes the status
of the public relationships against the implementation of this law and
periodically publishes reports, describing its observations;
13. makes proposals and recommendations
to the state power bodies, the public bodies and bodies of self-government for
ceasing discriminative practices and for taking special measures in the meaning
of art. 11, paragraphs 1, 3 and 4;
14. mediates the achieving of
settlements between the parties in events of infringements of this law;
15. carries out and coordinates the
international cooperation of the
16. publishes an information bulletin.
(2) In performance of its activities
the Commission:
1.
investigates the circumstances that have led to discrimination;
2. interacts with other state power
bodies, public bodies and self-government bodies, as well as with
non-for-profit legal entities or other persons in the exercise of its powers
laid down in the preceding paragraph;
3. collects and processes data
related to its competence.
Article 63. (1) In performance of
its activities the Commission forms from among its members subcommissions:
1.
for ethnic and racial equality;
2.
for the equal opportunities of women and men;
3. for prevention of discrimination on
the basis of all the rest of the markers referred to in art. 3, paragraph 1.
(2) The chairperson of the
Commission is, by right, chair of the subcommission for ethnic and racial
equality. Chairs of the other two subcommissions will be the vice-chairs of the
Commission.
Article
64. (1) The chairman of the Commission:
1.
represents the Commission;
2. organises and steers the work of the
Commission;
3. calls and presides sessions of the
Commission;
4.
signs, amends and discontinues the labour agreements and act as an appointing
body for the civil servants in the administration;
5. manages the budget;
6.
informs the public of the Commission’s activities the through the mass media.
(2)
In exercising his/her functions the chairperson is assisted by the vice-chairs.
He/she determine the vice-chair who will act as a replacement in his/her
absence.
Article 65. The
chairs of subcommissions:
Chapter four
PROCEEDINGS BEFORE THE COMMISSION FOR
PROTECTION AGAINT DISCRIMINATION
Article
66. (1) Proceedings before the
Commission are instituted:
1. with a complaint of affected persons;
2. at the initiative of the Commission;
3. at signals from natural persons or
legal entities, state power and local self-government bodies.
Article
67. (1) The complaint or signal to the
Commission should be written in the Bulgarian language and contain:
1. the name or designation of the
submitter;
2. the address or headquarters and the
address of management of the submitter;
3. statement of the circumstances, on
which the complaint or signal is grounded;
4. statement of what is demanded from
the Commission;
5. date and signature of the person
submitting the complaint or of his/her representative.
(2)
Anonymous complaints or signals are not be examined by the Commission.
Article
68. (1) Proceedings are not be instituted, and those instituted are ceased, if
five years have past after the occurrence of the violation.
(2) When it is established that a lawsuit has
been filed on the same argument, the Commission does not institute, or ceases
the proceedings, instituted before it.
Article 69. No state fees are
collected for proceedings before the Commission.
Article 70. (1) After the
institution of proceedings the chairperson of the Commission transfers the
claim file to the respective subcommission.
(2) Each case of contravention of
this is be examined by three members of a subcommission, selected by its
chairperson.
(3) The chairperson of the
subcommission assign the claim file to a member of the subcommission, reporter,
who presides the team, referred to in paragraph 2.
(4) Cases of multiple discrimination
are examined by the whole Commission, where the chairperson of the Commission
assigns the claim file to a reporter - member of the Commission.
Article
71. (1) When there is the danger of losing a proof or its provision may incur
difficulties, the chairperson of the Commission, respectively of the
subcommission, orders to have it provided before the institution of
proceedings.
(2)
In securing proofs the provisions of the Civil Code of Procedure shall apply.
Article
72. (1) At the first session the reporter invites the parties to achieve an
amicable settlement and mediates the reaching of agreement.
(2)
The amicable settlement procedure is confidential. The parties are free to
announce withdrawal from it at any time, before the Commission approves the
agreement.
(3)
When an agreement is reached, and when the infringer undertakes effective
measures to prevent future discrimination, the Commission does not impose a
sanction.
(4)
The Commission controls the adhering to the agreement and the implementation of
the measures referred to in the preceding paragraph.
Article
73. (1) The Commission approves with a decision the agreement, signed by the
parties under art. 72.
(2)
The agreement is out-of-court executorial judgement and therefore is subject to
enforcement.
(3) When the agreement covers only
part of the argument, the proceedings continue for the part over which
agreement has not been reached.
Article 74. (1) The reporter
collects proof needed for the full and comprehensive clarification of the
circumstances.
(2)
The reporter is assisted in the investigation by the administration and by
outside experts and specialists.
Article
75. Methods and means, provided in the Civil Code of Procedure, are used for
the establishment of facts and circumstances.
Article 76. (1) The citizens, the
bodies of state power and local self-government and the public bodies, the
legal entities and the public officials are obliged to assist the Commission
and its subcommissions in the exercising of their powers through:
1.
preparing
references, giving explanations and evidence and presenting all documentation,
necessary for the clarification of facts and circumstances related to the
undertaken investigation;
2.
provide
access to the sites, subject to investigation;
3.
secure
the conditions necessary for the investigation.
(2)
The persons cannot plead commercial secret in matters connected with the
investigation.
(3)
When for the purposes of the investigation the Commission demands access to
classified information, which is considered state or official secret, the
access is granted in the arrangements of the Protection of Classified
Information Act.
Article 77. (1) In exercising their powers the Commission
and subcommissions can:
1.
demand
information, including statistical data, original documents and certified
copies of documents related to the investigation;
2.
demand
explanation from the investigated persons for matters related to the
investigation;
3.
examine
witnesses.
(2) In the instance of
concealed facts and circumstances related to the investigation, or in the event
of hampering the investigation the Commission can, with the assistance of the
Ministry of the Interior and with the permission of the respective regional
court of location of the violation, in the arrangements of the Penal Code of
Procedure:
1. examine the place for the purposes
of the investigation;
2. search premises and expropriate
proof and instruments of evidence for the purposes of the investigation.
(3) When the hindering of the
investigation is deemed a crime, the Commission notifies the prosecution.
(4)
The evidence, collected during the investigation referred to in paragraph 1 and
paragraph 2, is part of the documentation of the executed investigation. The
expropriated original documents and instruments of evidence are returned to
their owners after the completion of the proceedings.
Article 78. (1) In case of refusal to give information,
demanded by the Commission or a subcommission, the persons bear responsibility
under this law.
(2) Paragraph 1 shall be applied
accordingly when access to premises or persons, demanded by the Commission, are
denied.
Article
79. (1) Documents and information,
received by the Commission or a subcommission, can be used by it only for the
purposes of the investigation.
(2)
The members of the Commission are obliged not to make public information,
constituting a law-protected secret, which has become known to them during or
with reference to the performance of their activities.
(3) The obligation laid down in
paragraph 2 shall also apply to the administrative staff of the Commission, and
to the outside experts and specialists.
Article 80. (1) The investigation
will be executed within thirty days. In cases of factual or legal complexity
the time can be prolonged with an order from the chairperson of the Commission
for up to thirty days.
(2) After the completion of the
investigation the parties are given the opportunity to get acquainted with the
materials, collected in connection with the claim file.
Article
81. If in the course of the
investigation evidence of a committed crime has emerged, the chairperson of the
Commission, by proposal from the reporter, sends the claim file to the
prosecution.
Article
82. (1) The reporter prepares a
conclusion and present the claim file to the chair of the subcommission or to
the chairperson of the Commission in the cases of multiple discrimination.
(2)
Within a month’s period the chairperson of the Commission, or the chair of the
subcommission respectively, calls a session.
(3)
The summoning of the parties and the notifying of the interested persons is
made with registered mail poste restante. In case of failure to appear with no
good reason the session is held in the absence of the party.
Article
83. (1) The sessions of the Commission
and subcommissions are open.
(2)
The Commission or the respective subcommission can decide to hold a closed-door
session in the interest of the good moral, the public order, in protection of
the interest of under-age persons or the privacy of the parties.
(3) The parties can participate in
person or through a representative according to the arrangements of art. 20 of
the Civil Code of Procedure.
Article 84. The police will bring a regularly summoned
witness who fails to appear by force.
Article 85. (1) The sessions of the
Commission are regular in the presence of:
1. 2/3 of the members of the Commission – in
the cases of multiple discrimination;
2. more than half of the members of the
Commission, including all the members of the respective team of the
subcommission – in the rest of the cases.
(2) The Commission’s decisions are
taken with a simple majority by the present members.
Article
86. (1) A member of the Commission is
obliged to self-withdraw in the presence of the following grounds:
1. when s/he has represented of some of the
parties;
2. when s/he has a labour or official
relationship with some of the parties;
3.
direct line of descent without limitation or collateral line up to fourth
level, marriage and engagement up to second level with some of the parties;
4. when s/he can be deemed biased or interested
directly or indirectly in the outcome of the proceedings for other reasons.
(2)
In the instance of justification under paragraph 1 any party can demand
suspending of a member of the Commission.
Article
87. When s/he decides that the circumstances of a claim file have been clarified,
the chairperson, or the reporter provides the possibility for the parties to
present their statements.
Article 88. (1) In the cases of
multiple discrimination the chairperson of the Commission, after the
clarification of the argument from factual and legal point of view, closes the
session and announces the day of pronouncing of the Commission, where the
parties are considered notified.
(2) The decisions are pronounced not
later than fourteen days after the holding of the session.
Article 89. (1) In the rest of the
occasions, after the clarification of the argument from factual and legal point
of view in the subcommission, the reporter closes the session.
(2) The subcommission prepares a
proposal for decision. The chair of the subcommission submits the proposal for
adoption by the Commission within seven days of the session referred to in
paragraph 1.
(3) Within a period of one month
from the submission of a subcommission’s proposal the Commission pronounces
with a motivated decision at an open session, of whose date the parties are
notified two weeks in advance.
Article 90. (1) The Commission takes
a decision with which it:
1. establishes the committed violation
and the violator and determines the type and size of the sanction;
2. imposes coercive administrative
measures;
3. establishes that no contravention of
the law has been committed and dismisses the complaint.
(2)
The decision is signed by the members of the Commission.
Article
91. The decision is written and contains:
1. the name of the body that issued it;
2. the factual and legal grounds of its issuing;
3.
dispositive part, defining the type and size of the sanction or the coercive
administrative measure, if such are imposed;
4. before which body and within what
time the decision can be appealed.
Article 92. The Commission can send the decision to other
bodies that have some relation to the executed investigation for information
and/or for taking relevant steps.
Article 93. (1) The Commission
exercises control over the adherence to the coercive administrative measures.
(2) The investigated person is
obliged to take measures in implementation of the mandatory prescription and to
inform the Commission of it in a written form within a period, not longer than
one month.
(3) The Commission sends a report
with proposals for relevant measures as follows:
1.
to
the National Assembly – in case the Council of ministers fails to adhere to the
mandatory prescriptions;
2.
to
the Council of ministers - in case the ministers, regional governors, heads of
state agencies, the state commissions and other pertaining administrations fail
to adhere to the mandatory prescriptions;
3.
to
the respective minister - in case executive agencies and state commissions
under his/her jurisdiction and the territorial units of the central
administration of the executive power fail to adhere to the mandatory
prescriptions;
4.
to
the regional governor - in case the local self-government bodies fail to adhere
to the mandatory prescriptions;
5.
to
the municipal council - in case mayors of regions and mayoralties, commercial
agents with municipal property and municipal enterprises fail to adhere to the
mandatory prescriptions;
(4) The bodies referred to in
paragraph 4 inform the Commission about the measures within a month’s period.
Article
94. (1) The decisions of the Commission are subject to appeal before the
(2)
In the presence of nullity the appeal can be made with no limit in time.
Article 95. The decisions of the Commission are enacted
when:
1. they have not been appealed within
the period of time set in art.94;
2. the appeal is not sustained;
3. the decision confirms the agreement,
reached by the parties.
Article
96. The fines and property sanctions deriving from enacted decisions of the
Commission are subject to collecting in the arrangements of the Taxation Code
of Procedure.
JUDICIAL DEFENCE AGAINST DISCRIMINATION
Article 97. (1) Any person whose
rights under this law have been violated can lodge a claim in the meaning of
this law.
(2)
The organisations of workers and employees and their divisions, as well as
non-for-profit legal entities can, by request of persons whose rights under
this law have been violated, lodge a claim before the court.
(3)
The organisations of workers and employees and their divisions, as well as
non-for-profit legal entities referred to in art. 2 cannot enter into
agreements, affirm claims, disclaim, withdraw or lessen the claims of the
represented persons and receive sums at their expense, unless they are
explicitly empowered for it.
Article 98. (1) At the request of
the persons referred to in art. 97, paragraph 1 the court can pronounce
infringement of this law or of other normative acts, defending the right of
equal treatment.
(2)
The persons referred to in art. 97, paragraph 1 can demand from the court:
1. to order appropriate measures for
ceasing the infringement;
2. to restore the status as before the
infringement;
3. compensation for the suffered
property and non-material damage.
Article 99. (1) When group rights
are affected in the meaning of this law, every non-for-profit legal entity
performing activities for public benefit can lodge a claim for:
1.
ordering appropriate measures for ceasing the infringement;
2. restoration of the status as before
the infringement.
(2) The non-for-profit legal
entities referred to in paragraph 1 can, within one month from the lodging of the
claim, make this fact public by means of publications or by other means of
their choice and invite other legal entities performing activities in public
benefit to join the proceedings.
(3)
A legal entity performing activity in public benefit can join the proceedings
not later than the completion of the oral competitions.
Article 100. (1) The persons
referred to in art. 97, paragraph 1 and art. 99, paragraph 1 can, within one
month of the claim’s lodging, make this fact public by means of publication or
by other written means of their choice through sending an invitation to other
affected persons to join the proceedings.
(2)
Within a month’s period from the publicising every person, whose rights under
this law have been violated, can state before the court his/her desire to join
the suit.
Article 101. (1) No state fees are
collected for court proceedings covered by this law.
(2) The proceedings of claims of
violated rights are examined according to the provisions of the Civil Code of
Procedure.
Article 102. The Commission can participate in
the court proceedings by giving its statement.
Chapter six
Coercive
administrative measures
Article 103. (1) For the purposes of preventing and
ceasing infringements of this law, as well as for prevention and removal of the
harmful consequences from such infringements the Commission for prevention
against discrimination, at its own initiative or by proposal of the syndicate
organisations, natural persons and legal entities can impose the following
coercive administrative measures:
1.
to give mandatory prescriptions to the employers and the officials for
avoiding the contraventions of the legislation for the purpose of preventing
discrimination;
2. to cease the activity of enterprises,
productions and sites in case they fail to adhere to the mandatory
prescriptions referred to in (1);
4. to stop the execution of illegal decisions or
orders of employers or officials, which lead or can lead to discrimination;
(2) When, in the cases referred to
in the preceding paragraph, a mandatory prescription is given to an argument,
for which a court decision is enforced and the two contradict, the decision of
the court will be executed.
Article 104. The coercive administrative measures referred
to in paragraph 1 of the preceding article can be appealed in the arrangements
of the Supreme Administrative Court Act. The appeal does not stop the execution
of the coercive administrative measure.
Article 105. (1) A person who makes
an infringement of this law, leading to discrimination, shall be imposed a fine
of between BGN 5 000 and 25 000 when the deed does not constitute a crime.
(2) When the infringement that led
to discrimination is made by a legal entity, the latter shall be imposed a
material sanction of between BGN 25 000 and 150 000.
(3)
For allowing the infringement referred to in paragraph 2 occur, the head of the
employing legal entity shall be imposed a fine of between BGN 2 500 and 10 000
when the deed does not constitute a crime.
Article 106. (1) An employer who contravenes
art. 20, paragraphs 1 and 2 shall be imposed a fine of between BGN 250 and 2
500.
(2) When the contravention under
art. 20, paragraphs 1 and 2 are made by a legal entity, the latter shall be
imposed a material sanction of between BGN 2 000 and 20 000.
(3)
For allowing the infringement referred to in art. 20, paragraphs 1 and 2 occur
the head of the legal entity shall be imposed a fine of between BGN 1 000 and 5
000.
Article 107. (1) An employer –
natural person who contravenes art. 26 shall be imposed a fine of between BGN
500 and 2 500.
(2) When the contravention referred
to in art. 26 is made by a legal entity, the latter shall be imposed a material
sanction of between BGN 2 500 and 10 000.
(3)
For allowing the contravention referred to in art. 26 occur, the head of the
employing legal entity shall be imposed a fine of between BGN 1 000 and 5 000.
(4) The penalty referred to in
paragraph 3 shall be imposed also to the head of a training institution for
contraventions of art. 40.
Article108. (1) An employer – natural person who
contravenes art. 31 shall be imposed a fine of between BGN 100 to 500.
(2) When the contravention referred
to in art. 31 is made by a legal entity, the latter shall be imposed a material
sanction of between BGN 500 to 2 000.
(3)
For allowing the contravention referred to in art. 31 occur, the head of the
employing legal entity shall be imposed a fine of between BGN 250 and 1 000.
(4) The penalty referred to in art.
3 shall also be imposed on the head of a training institution for
contraventions of art. 43.
Article 109. (1) A person who
contravenes art. 47 shall be imposed a fine of between BGN 5 000 and 25 000.
(2) When the contravention of art.
47, paragraphs 1 and 2 is made by a legal entity, the latter shall be imposed a
material sanction of between BGN 25 000 and 150 000.
(3)
For allowing the contravention referred to in art. 47 occur, the head of the
employing legal entity shall be imposed a fine of between BGN 500 and 10 000.
Article 110. A person who does not
adhere to a mandatory prescription, or does not present the demanded evidence
or information within due time, or hampers or fails to give access to sites
shall be imposed a fine of between BGN 5 000 to 15 000.
Article 111. A regularly summoned
witness who fails to appear for no good reasons before the Commission to
testify shall be imposed a fine of BGN 1 000.
Article
112. When the contraventions are
committed for the second time a fine or a material sanction of double the size
of those initially imposed shall be imposed.
Article
113. When after the imposing of a fine the contravention is not ceased within
reasonable time, the Commission shall impose fines until the ceasing of the
contravention.
Article 114. The sums collected from
imposed fines or material sanctions in the meaning of this section shall be
entered into the republican budget.
§
1. In the meaning of this law:
1. “Less favourable treatment” shall
be any act, action or lack of action, affecting directly or indirectly rights
or legal interests;
2. “On the grounds of the markers
referred to in art. 3, paragraph 1” shall mean on the grounds of the actual
present or past, or presumed presence of one or more of these markers in the
discriminated person or in a related person, or a supposedly related person
when this constitutes the reason for the discrimination;
3. "Related persons" shall
be the spouses, relations of direct descent without limitation, collateral
relations up to fourth level inclusive and in-law relations up to third level
inclusive; the guardian and the trustee; the guarded and the paternalised;
concubines; employer and employee; persons where one is part of the management
of the other; business partners; persons who, because of other circumstances
can be considered directly or indirectly dependant on the claimant and the
dependence is the reason for discrimination; persons, on whom the claimant
could be directly or indirectly dependant and that is the reason for the
discrimination; persons accompanying the claimant at the moment of occurrence
of the discrimination when this connection is the reason for the
discrimination;
4. “Sexual orientation” shall mean
heterosexual, homosexual or bisexual orientation.
5. “Marital status” shall mean the
status of a spouse, obligation to support an underage family member, aged
family member or disabled family member.
6. “Multiple discrimination” shall
be discrimination on grounds of more than one of the markers referred to in
art. 3, paragraph 1.
7. “Recurring infringement” shall be
the infringement made within a year’s time of the enforcement of the penalty
for an equal infringement of this law.
§
2. Within a month’s time from the entry into force of this law the National
Assembly selects and the Presidents appoints their quotas of members of the
Commission.
§
3. Within three months from the entry into force of this law the Commission
adopts the regulations referred to in art. 61, paragraph 1 on its structure and
activities.
§
4. This law amends § 1, (7) of the Supplementary Provisions of the Labour Code,
art. 5a, paragraph 3 of the Protection, Rehabilitation and Social Integration
of Disabled Persons Act, § 1, (20) of the Supplementary Provisions of the
Encouragement of Employment Act.
§ 5. Within three months from the
entry into force of this law the minister of labour and social policy issues
the ordinance referred to in art. 11, paragraph 2.
§
6. Art. 20, paragraph 2 of the National Education Act is supplemented with
“with specialised methodology for acquisition of the Bulgarian language”.
§ 7. Art. 88 of the Defence and
Armed Forces of the Republic of Bulgaria Act is abrogated (OG, 112 from
27.12.1995, in force as of 27.02.1996, last amended by 67 from 6.08.1996, 122
from 19.12.1997, amended, 70 from 19.06.1998, 93 from 11.08.1998, in force as
of 1.04.1999, 152 from 22.12.1998, in force as of 1.01.1999, last amended, 153
from 23.12.1998, in force as of 1.01.1999, amended, 12 from 12.02.1999,
amended, 67 from 27.07.1999, in force as of 28.08.1999, amended, 69 from
3.08.1999, in force as of 3.08.1999, last amended, 49 from 16.06.2000, in force
as of 16.06.2000, amended, 64 from 4.08.2000, in force as of 1.01.2001,
amended, 25 from 16.03.2001, in force as of 31.03.2001, 34 from 6.04.2001, in
force as of 6.04.2001, 1 from 4.01.2002, in force as of 1.01.2001, last amended., 40 from 19.04.2002,
in force as of 19.04.2002, amended, 45
from 30.04.2002)
§
8. This law shall enter into force of