INTERNATIONAL LABOUR OFFICE GENEVA Studies and Reports Series C No. 3 IQ20. The Bulgarian Law on Compulsory Labour. The Bulgarian Law on Compulsory Labour has aroused much interest. The Russian law, of similar name, gave rise to endless discussions. Therefore when it was known that Bulgaria was also going to introduce a law on compulsory labour, the question was asked how a capitalist country was going to apply this principle. As soon as the law was passed, the International Labour Office took steps to obtain the text. This has just been received, and the translation is printed below. The International Labour Office has also been able to obtain information with regard to the origin and development of the movement which led to the passing of the law. 1 O R I G I N OF T H E L A W . The law is almost entirely due t o t h e initiative of t h e Bulgarian Prime Minister, Mr. Stamboliisky, who had for m a n y years given profound consideration t o t h e scheme which i t embodies. The situation of Bulgaria immediately after t h e war provided an opportunity for him t o introduce this daring and even revolutionary measure. I n t h e latter part of t h e year 1919, Mr. Stamboliisky began t o prepare public opinion in Bulgaria by a series of articles on t h e principles of t h e law. I n November 1919 he delivered an important speech t o t h e propaganda organisation of t h e Agrarian P a r t y . Of this party, which has t h e majority in Parliament, 2 Mr. Stamboliisky is t h e leader. I n t h e speech he gave an account of t h e fundamental principles of t h e law, and defended t h e m against his 1 For this information the International Labour Office is indebted to the kindness of Mr. Vertanoti anid Mir. Zvetcoff of the Bulgarian Legation in Switzerland. 2 The Bulgarian Agrarian Party was founded about 20 years ago by Mr. Stamboliisky. It is the rparty of the peasants and small farmers. IL0-SR/C3 ENGL COP. 2 — 2 — opponents. The speech provoked strong opposition, even within t h e Agrarian party, b u t it did not succeed in turning Mr. Stamboliisky aside from his path. I n February 1920, the Bill was submitted to a plenary session of t h e Parliamentary Agrarian P a r t y and was unanimously approved. I n the month of March the Bill was introduced in the Sóbrame. I t was adopted on the 23rd May 1920, and published in t h e Bulgarian Official Gazette, (Derjaven Viestnik, No. 56, 14th June, 1920). I t came into force on t h e same day. The Act has already been applied in two districts in Bulgaria, a n d it will be extended rapidly throughout t h e rest of t h e country. P R I N C I P L E S OF T H E A C T . I n t h e speech which has just been mentioned, Mr. Stamboliisky gave an account of t h e following principles, which, he said, formed the foundation of the Act : 1. The increasing of production and the hastening of the economic reconstruction of the country. 2. The provision of modern physical and intellectual education for young men and women. 3. The encouragement among the Bulgarian people of an interest in the welfare of the country and the development of a spirit of co-operation and mutual help. 4. The creation of a new source of profit for the State. The law has a double purpose, economic and educational. On t h e one hand it seeks to concentrate and direct all the youthful energy of t h e country, with a view t o undertaking t h e heavy task of repairing t h e ruin wrought b y the war ; on t h e other hand it has in view the transformation of the education of young men and women, by giving them a more modern and a more practical outlook. For a long time Bulgaria has complained of the enormous and constantly increasing number of young men who embrace t h e liberal professions. I n this way an intellectual proletariat has been formed, which is a very serious menace to t h e peace a n d prosperity of the country. The new law seeks t o develop among young people of b o t h sexes, a taste for occupations which contribute more directly t o increase t h e production of wealth. I n order to attain this end, it employs compulsion in the form of compulsory education in subjects selected by the State. The Bill, as has been mentioned, provoked vehement opposition, b o t h on t h e part of t h e Bulgarian p a r t y (the former p a r t y in power), and on t h e part of t h e Socialist and Communist parties. I t was attacked especially on t h e ground t h a t it was reactionary, retrograde and philistine, t h a t it sought to revive in a new form the old Turkish forced labour and t h a t it aimed — 3— at exploiting the work of t h e young without compensation. Mr. Stamboliisky replied t o these criticisms in another speech, in which he showed t h a t t h e former system of forced labour consisted in demanding from the citizens the Iperformance of work without giving t h e m anything in return. The compulsory labour Act, on the other hand, while requiring t h e work of young people of both sexes for some months, gives t h e m , if not payment in money, at least a certain measure of technical and intellectual education. I t provides t h e m with t h e opportunity of specialising in a craft, which will enable t h e m later t o gain a livelihood, and at t h e same time contribute to the well-being of the country. PROVISIONS O F T H E ACT. At first sight t h e Act looks like an extension or modification of t h e military service law ; it prescribes t h e duty of giving personal service t o the State (Section 4), for a limited period (Section 6) and without payment. This service must be given a t an age fixed b y the Act (Section 1). I t is forbidden t o leave t h e country or t o change one's nationality before fulfilling t h e duties imposed by the Act, (Section 5). Like military service, it envisages exemptions, • postponements and reductions of service in cases almost identical with those which are provided for b y most of t h e military service laws of Europe. (Sections 4, 7 and 9). I t also allows voluntary service, in t h e case of those who have not yet attained the prescribed ages (section 1, note 2). The disciplinary measures embodied in the Act are also very similar t o those which are found in military service laws. During t h e period of compulsory service, t h e young men live together, in special buildings, and they are liable t o disciplinary provisions fixed b y regulation (section 30). They are called up simultaneously throughout t h e whole country a t t h e beginning of t h e year. The Act even provides for a kind of general mobilisation, in case of public calamities and serious disasters threatening the ruin of t h e country. I n the case of a general mobilisation, all Bulgarian citizens of from 20 t o 50 years of age are liable. I n spite, however, of all these similarities, t h e law on compulsory labour is not a military law. I n the first place, it applies t o persons of both sexes, to men of 20 years and upwards and t o women of 16 years and upwards. 1 1 It should be noted that young Mohammedan women are exempt (section 1, note 1). This exemption is due to religious and social causes. Married women are also exempted (section 4). — 4— Although young men are made t o live together in buildings set aside for the purpose, and their work is utilised by the State, young women will continue t o live in their families. I n the case of young women, the State proposes t o send into each village teachers of good family, who, as their form of compulsory service, will teach the peasant women t h e crafts proper to their sex. I t is clear t h a t great importance is attached t o t h e opportunities of living together which t h e Act provides for young women belonging t o different social classes. I t is enough to read Section 3, to see t h a t t h e aim of this system of compulsory labour is purely economic. I t is to be utilised for public works, and industrial and agricultural production. Every possibility of a recrudescence of military service is excluded. Further, the organisation of t h e services is under civil administration. The Act provides, (Section 14) for the establishm e n t in t h e Ministry of Public Works of a D e p a r t m e n t whose function will be to organise compulsory labour. I n connection with each district office connected with this Ministry, councils will be established which will organise for their districts the work to be performed, and t h e distribution of labour (Section 17). Finally, and this seems to be, in Mr. Stamboliisky's view, t h e most important point, the young people liable t o compulsory labour will a t t e n d for a definite period (which will be the first p a r t of t h e total period of compulsory service) technical and vocational schools, where they will receive the necessary training, before they are employed on actual productive work (Section 21). COMPARISON W I T H THE R U S S I A N LAW1. This short account is enough to show t h a t t h e Bulgarian law on compulsory labour has nothing b u t the name in common with the celebrated Bolshevik measure. I n reality, t h e two measures are essentially different. In Russia, compulsory 1 The legislative provisions upon compulsory labour in Russia are contained in :— a) «The Constitution oí the Russian Socialist Federa.1 Soviet Republic » adopted at the 5th National Congress of Soviets on the 10th July, 1918, and published in the Moscow Izvestia of the 19th July, 1918, N°. 151. The following are the Articles of this Constitution referring to the subject :— § 1. — Chapter 2, Article 3 f. In order to annihilate the parasitic classes of society, universal compulsory labour is decreed. . . . § 2. — Chapter 5, Article 18. The Russian Socialist Federal Soviet Republic decrees compul- — 5 — labour rests on the two following principles : — 1. Every person is obliged t o work. 2. The work of each individuai belongs t o t h e community in which he lives and of which he is a member. All wealth belongs t o t h e community, therefore production must be organised exclusively by it. On the other hand, t h e community must be able to regulate, organise and distribute h u m a n labour, and to direct it towards t h e t y p e of production which it considers most necessary. I t follows from this principle, t h a t t h e individual has a right t o demand t h a t the' community should buy his labour ; compulsory labour implies the right to work and t h e right to be paid for it, even in cases where t h e work cannot be effectively utilised. The d u t y to work attaches t o a person as long as he is able t o work, and lives in the community. In the Bulgarian law there is nothing of this. I t neither imposes t h e obligation to work, as a moral and legal duty, nor does it a t t e m p t t o organise the production of t h e whole country on a communist basis. E a c h remains free t o direct his work towards the craft which suits him best. I n reality, in spite of t h e educational principle, which is t h e inspiration of the law, it is a provision for the personal p a y m e n t of a t a x in labour for the benefit of the State. This compulsion is not less in t h e nature of a t a x because it is not directed towards the defence of t h e State. The best proof of this is t h a t compulsory labour is imposed only on Bulgarian subjects, and t h a t change of nationality and emigration are not allowed until after. t h e d u t y is performed. sory labour for all citizens arid proclaims the motto "no work, no bread". b) The Code of Labour Laws .published in 1919. 1) All citizens of the 'Russian Socialist Föderal Soviet Republic, with the exceptions stated in Articles 2 and 3, a.re subject to compulsory labour. 2) The following are exempted from compulsory labour : a) Persons under 16 years of age. b) All persons over 50 years. c) Persons who have lost their capacity to work as a result of disablement and illness. 3) The following are temporarily exempted from compulsory labour : a) Persons who, owing to illness or disablement have temporarily lost their capacity to work, for a period necessary for their recovery. b) Pregnant women, for a period of eight weeks before and eight weeks after 'Confinement. 10) AH citizens able to work have the right to apply their labour in accordance with their speciality and for the remuneration determined for such class of work. 11) The right to apply their labour belongs firstly to those who are subject to compulsory labour. — 6— CONCLUSION. The Act has certain aspects which are extremely interesting, T h e principle of the transformation of military service into civil service, and the idea of compulsory vocational education deserve extended study. Objections may of course be raised. The question may be asked whether t h e brief period of twelve months (which in'practice is always reduced to eleven or even t o ten), is enough to create a. new t y p e of mind in t h e young. Is it enough t o give t h e m t h e theoretical background and the practical skill necessary to engage in a trade with success ? Where will Bulgaria find a sufficient number of instructors? 1 The fear may be expressed t h a t disputes will arise with regard t o t h e programme of studies a n d of work drawn up b y the technical offices in the districts. One is also apprehensive of abuses if labour recruited on this system is used in the service of private interests. Finally, is it certain t h a t compulsory labour will give an economic output ? B u t these doubts and criticisms do not prevent us from appreciating t h e merits of the law. There can of course be no d o u b t t h a t everything will depend on the way in which it is applied 2. I n a n y case, this is an experiment in social legislation, which will be followed with close attention. 1 It is stated that the Bulgarian Government anticipates that the Act will affect about 40,000 men and from 20,000 to 25,000 women. 2 The International Labour Office will collect all information which it can obtain on this subject, anld will publish the results. APPENDIX. Act respecting compulsory labour service. Dated 5th June, 1920. CHAPTER I. GENERAL PROVISIONS. 1. — All Bulgarian citizens-of both sexes, viz., men who have attained the age of 20 years and girls who have attained the age of 16 years, shall be liable to compulsory labour service, that is, to compulsory community labour. Note I. Compulsory labour service shall not be required from Mohammedan girls. Note 2. Even those have not attained the prescribed age may be admitted .to service as volunteers, viz., boys who have attained the age of 17 years and girls who have attained the age of 12 years. 2. — Compulsory labour service shall have the object of : a) organising and utilising the labour power of the country for the public welfare in the interests of production and the welfare of the country ; b) awakening in all citizens, irrespective of their social status or means, a love of community work and manual labour; c) improving the moral and economic condition of the people, fostering in the citizens a consciousness of their duties to themselves and to society and instructing them in rational methods of work in all branches of economic activity. 3. — Compulsory labour service shall be utilised in all branches of economic activity and public welfare work : the construction of roads, railways, canals, waterworks, dams and embankments, the erection of buildings, the laying out .of villages and towns, the strengthening of the banks of water-courses, the rectification of rivers, the draining of marshes, the laying of telegraph and telephone cables, the preparation of various materials for building, afforestation and the care and management of forests, the cultivation of lands belonging to the State, a district, a commune or any other public body, fruit and vegetable growing, the raising of silkworms, bees and cattle, fishing, work in mines and factories, the preserving — 8— of iood-stuffs, the manufacture of cloth, linen and clothing in hospitals, etc. These tasks shall be carried out by the competent authorities, under their direction and on their responsibility. 4. — Compulsory labour service shall be an individual duty. Substitution shall not be permitted. Only those persons shall be exempt from compulsory labour service who are unfit for any physical or mental work on account of the diseases etc., specified in a schedule approved by the Council of Ministers. In addition, married women and men called up for military service shall be exempt. If any person is granted exemption from .compulsory labour service under the schedule of diseases, etc., he shall pay a tax proportionate to his income and property, imposed under a special Act. 5. — A Bulgarian citizen shall not change his nationality or settle in a foreign country until he has completed his compulsory labour service. 6. — Compulsory labour service shall last for 12 months in the case of men and 6 months in the case of giris. 7. — Only half the period of service specified in Section 6 shall be required of persons who are the sole support of a family, namely : a) the only able-bodied son or daughter of a father incapable of work or a widowed mother; b) an able-bodied man or girl who is the sole support of one or more orphan brothers and sisters under age; c) the only able-bodied grandchild who has definitely undertaken the duty of supporting a grandparent who has no able-bodied sons or sons-in-law. These privileges shall be granted only to families without means, who possess no property, or whose annual income amounts to less than 1500 leva. 8. — The following persons shall be temporarily exempted from rendering compulsory labour service : a) sick persons and those who have not yet recovered from an illness which has recently occurred, until they are 24 years old; after this age they shall either be totally exempted in accordance with the schedule of diseases, etc., or employed on lighter work; b) young persons who prove that they are attending an intermediate or secondary school, until their educational course is completed. 9. — Temporary exemption from compulsory labour service shall be granted to persons who are in prison awaiting trial, or who are undergoing punishment for a criminal offence. — 9— A person who has been sentenced to imprisonment for not more than three years shall render his compulsory labour service after serving the sentence; a person who has been sentenced to imprisonment for more than three years shall not be required to render his compulsory labour service, but, shall be put to manual labour during his term of detention, provided that this labour shall not be taken into account for granting a reduction of the penalty. Note. Young persons under the age of 20 years who are attending a high school before the date on which this Act comes into operation, shall not be required to render their compulsory labour service until the conclusion of their course of study. 10. — In the event of extensive damage caused by the elements, national calamity, or immediate necessity, all male Bulgarian citizens between the ages of 20 and 50 years may, by a resolution of the Council of Ministers, be. called up for temporary compulsory labour service, that is, to perform compulsory community labour for not more than four weeks. This calling-up shall take place in accordance with the needs of the case, by ages and by groups from communes, districts or provinces. Note. In this case the Council of Ministers may also call up young persons under the age of 20 years. 11. — Exemption from temporary compulsory labour service shall be granted to :— • • a) persons incapable of any work; b) persons under judicial sentence, and those who are in prison awaiting trial for criminal offences; c) persons who are seriously ill; d) fathers who have one or more sons called up for compulsory labour service, if there are no other able-bodied members in the family; e) the son of a widow in whose family there are no other able-bodied members; f) a brother who has orphan brothers and sisters and in whose family there is no able-bodied member who can undertake their support; g) indispensable, officials designated as such by the Council of Ministers.12. — At the beginning of. each year the following persons subject to compulsory labour service shall receive a calling-up notice for purposes of classification :— a) male young persons who on 1st January of the year in which they are called up have attained the age of 19 years, and girls who at the same date have attained the age of 15 years; — 10 - b) persons who have been granted postponement on any grounds whatever, and those who have not reported themselves. 13. — Compulsory labour service shall be rendered by men and women separately — by men, in of as near as possible to the district in which their home is situated, unless the requirements of work necessitate their removal to a more distant place, and by women in the place where their home is situated. These provisions shall not apply to women teachers under the compulsory labour scheme. CHAPTER II. ORGANISATION. 14. — For the purpose of supervising the administration of this Act, a Central Office for compulsory labour service shall be established within the Ministry of Public Works, Communications and Welfare, under a General Director who shall be nominated by decree, on the proposal of the Minister, and approved by the Council of Ministers. 15. — The Central Office for compulsory labour service shall comprise the three following sections : administrative, technical and economic. A Superior Council for compulsory labour service shall be established in connection with the Central Office, consisting of the Director and the General Secretaries of the Ministry. 16. — The official business in connection with the calling-up of persons liable for compulsory labour service, their classification and employment, shall be carried out by special district offices for compulsory labour service, which shall be established under the supervision of the district engineer, and shall comprise an administrative, a technical and an economic section. The communal administrative authorities shall act as the execu- • tive of these offices. i 17. — A compulsory labour service council shall be established in connection with each district office for compulsory labour service consisting of the prefects, the district engineer, the chairman or a member of the permanent commission, the district agricultural official, the supervisor or inspector of forests, the inspector of labour, the district medical officer and the district veterinary surgeon. This Council shall decide on all questions respecting the activities of thb compulsory labour services in the district, the work for which men and women niust be procured, their number, etc. The general scheme for the utilisation of this labour power shall require the approvai of the Central Office for- compulsory labour service,. - 11 which shall also exercise general supervision over the execution of the work. 18. — The State, district and communal administrative authorities which have occasion to carry out work by means of compulsory community labour, shall forward an application to the appropriate district office for compulsory labour service, for consideration by the Council. • In an emergency, the Central Office may also order the execution of special works under its own direction and on its own responsibility. 19. — Persons liable to compulsory labour service shall be divided into classes according to their education and the work to be carried out, i. e. agriculture, technical and industrial work, mining, fishing, etc. The agricultural class shall be divided into groups according to districts; the other classes may, if necessary, be dealt with as national groups. i 20. — The various groups and their sub-divisions shall have their own managements, with an administrative, technical and economic staff, determined according to a special scheme. The heads of the groups shall be directly responsible to the district office for compulsory labour service. 21. — The Central Office shall open s¿ich technical and industrial classes, schools and workshops, model farms, etc.. as are required to prepare the workers of different classes for their tasks. They may also make use of existing institutions of this kind. 22. — More detailed provisions respecting the services of the Central Office and its subordinate offices and the services connected with the groups and their sub-divisions shall be issued in special administrative orders and regulations under this Act.. CHAPTER III. PENAL PROVISIONS. 23. — Any person who attemps by fraud to evade compulsory labour service or who is accessory to its evasion by another, or any person who conceals another, shall be liable to imprisonment for not more than 2 years. 24. — Any person under the age of 30 years who on any ground whatever has deliberately evaded rendering his compulsory labour service, and who is capable of compulsory community 'labour, shail be liable to a fine of not less than 500 and not more than 3,000 leva and shall render his compulsory labour service. A person above the age of 30 years shall be liable to imprisonment for not more than - 12 — 3 years and loss of the rights specified in Section 30, paragraphs, 1, 2 and 3 of the Penal Code. A person who has acquired a foreign nationality before rendering his compulsory labour service shall be liable to imprisonment for not less than one year. 25. — Any person who deliberately mutilates himself or in any way incapacitates himself for rendering compulsory labour service or who for the same purpose mutilates or incapacitates another person who has been called up for compulsory community labour or who has to render his compulsory labour service, shall be liable to imprisonment with hard labour for not less than one year and loss of the rights specified in Section 30, paragraphs, 1, 2 and 3 of the Penal Code. 26. — Any person who persuades another who is liable to compulsory labour service to disregard the calling-up notice and any person who persuades another who is already fulfilling his compulsory labour service to make his escape or who gives such a person shelter or otherwise assists him to conceal himself, shall be liable to imprisonment for not less than 6 months and not more than 3 years. 27. — An official who makes a false statement as to the family circumstances and health of young persons of either sex who are liable to compulsory labour* service, or who knowingly issues incomplete or incorrect calling-up notices or permits the substitution of others for young persons already called up, shall be liable to imprisonment for not less than one and not more, than three years and to loss of the rights specified in Section 30, paragraphs 1, 2 and 3 of the Penal Code. An official who through neglect fails to utilise the labour power placed at his disposal, shall be liable to a fine of not more than 5,000 leva or to imprisonment for not more than one year and if the offence was deliberate, the fine may be increased up to 10,000 leva or imprisonment up to two years. 28. — Any person, who through the press, in public speeches, or in any other manner, deliberately incites to non-compliance with this Act, shall be liable to penal servitude for not more than 3 years and a fine of not more than 5,000 leva. 29. — Contraventions of this Act shall fail within the competence of the district court as a court of first instance; actions before this court shall be dealt with as matters of urgency and shall be completed within a month. > 30. — Offences and misdemeanours in connection with the compulsory labour services shall be punished by means of disciplinary fines which shall be determined under a special order. — 13 C H A P T E R IV. - . CONCLUDING PROVISIONS. 31. — The Council of Ministers may postpone for a specified period the calling up of some or all of the persons liable to compulsory labour service, either throughout the country or in particular areas. 32. — This Act shall come into operation on the date of its publication: in' the bfficial Gazette and all Acts and Orders contrary there* to shall simultaneously be repealed. STUDIES AND REPORTS ¿1 ready issued : (1) — In English COAL PRODUCTION and in IN T H E R U H R French. DISTRICT. Enquiry by the I n t e r n a t i o n a l L a b o u r Office, e n d of M a y 1 9 2 0 . (Series B N o . 1, i s s u e d o n S e p t e m b e r 1st 1920.) S T A F F REGULATION OF T H EFRENCH RAILWAYS. issued on S e p t e m b e r THE CONSUMERS' ( S e r i e s D N o . 1, 8 t h 1920.) CO-OPERATIVE SOCIETIES I N 1919. Denmark a n d S w e d e n . (Series H N o . 1, i s s u e d o n S e p t e m b e r 8 t h 1920.) THE AGREEMENT TIONS. SEVENTH BETWEEN T H E SPANISH WORKERS' ORGANISA- (Series A N o . 1, i s s u e d o n S e p t e m b e r 2 4 t h CONGRESS OF THE BELGIAN CO-OPERATIVE 1920.) OFFICE. (Series H N o . 2, issued o n S e p t e m b e r 25tli 1920.) THE DISPUTE I N THE METAL INDUSTRY IN ITALY. — TRADE U N I O N C O N T R O L O F T H E I N D U S T R Y (Series A N o . 2, issued on September 24th.) ANNUAL MEETING OF T H E TRADES UNION CONGRESS, 1920. (Series A N o . 3 , issued o n O c t o b e r 4 t h 1920.) PAPERS RELATING TS S C H E M E S OF INTERNATIONAL ORGANISA- T I O N FOR THE DISTRIBUTION OF RAW MATERILAS AND FOOD S T U F F S . (Series B N o . 2, i s s u e d o n O c t o b e r 5 t h 1920.) INTERNATIONAL CONGRESS O F WORKERS I N T H E FOOD AND DRINK T R A D E S . (Series A N o . 4, issued o n O c t o b e r 1 1 t h 1920.) T H E BRITISH GOVERNMENT ANDT H EMINERS' FEDERATION O F GREAT BRITAIN. — CONFERENCE BETWEEN SIR ROBERT H O R N E A N D T H E M I N E R S ' F E D E R A T I O N . ( S e r i e s A N o . 5, i s s u e d o n O c t o b e r 1 3 t h 1920.) T H E M I N E R S ' I N T E R N A T I O N A L . (Series A N o . 7, i s s u e d o n O c t o b e r 1 9 t h 1920.) THE INTERNATIONAL LABOUR ORGANISATION : A COMPARISON (Series A N o . 8, issued o n O c t o b e r 2 1 t h 1920.) (2) — In English THE BRITISH GOVERNMENT only.1 AND T H E MINERS' FEDERATION OF G R E A T B R I T A I N . (Series A N o . 1 0 , issued o n O c t o b e r 2 7 t h 1920.) (3) — In French LE CONGRÈS DE L'INTERNATIONALE only. ' OUVRIÈRE E T SOCIALISTE. (Series A N o . 6, issued o n O c t o b e r 1 4 t h 1920.) L ' A C T I O N G O U V E R N E M E N T A L E D A N S LA L U T T E CONTRE L E CHÔ- M A G E E N I T A L I E (Series C N o . 2, i s s u e d on O c t o b e r 2 7 t h 1920.) 1 In eases where the English or French text of a Report has not yet been published, it will be issued at a later date.