LABOUR CODE

LABOUR CODE

 

 

 

 

 

Prom. SG. 26/1 Apr 1986, prom. SG. 27/4 Apr 1986, amend. SG. 6/22 Jan 1988, amend. SG. 21/13 Mar 1990, amend. SG. 30/13 Apr 1990, amend. SG. 94/23 Nov 1990, amend. SG. 27/5 Apr 1991, amend. SG. 32/23 Apr 1991, amend. SG. 104/17 Dec 1991, amend. SG. 23/19 Mar 1992, amend. SG. 26/31 Mar 1992, amend. SG. 88/30 Oct 1992, amend. SG. 100/10 Dec 1992, amend. SG. 69/4 Aug 1995, suppl. SG. 87/29 Sep 1995, suppl. SG. 2/5 Jan 1996, suppl. SG. 12/9 Feb 1996, suppl. SG. 28/2 Apr 1996, amend. SG. 124/23 Dec 1997, suppl. SG. 22/24 Feb 1998, amend. SG. 52/8 May 1998, amend. SG. 56/19 May 1998, amend. SG. 83/21 Jul 1998, suppl. SG. 108/15 Sep 1998, amend. SG. 133/11 Nov 1998, amend. SG. 51/4 Jun 1999, suppl. SG. 67/27 Jul 1999, amend. SG. 110/17 Dec 1999, amend. SG. 25/16 Mar 2001, amend. SG. 1/4 Jan 2002, amend. SG. 105/8 Nov 2002, amend. SG. 120/29 Dec 2002, amend. SG. 18/25 Feb 2003, amend. SG. 86/30 Sep 2003, amend. SG. 95/28 Oct 2003, amend. SG. 52/18 Jun 2004, amend. SG. 19/1 Mar 2005, amend. SG. 27/29 Mar 2005, amend. SG. 46/3 Jun 2005, amend. SG. 76/20 Sep 2005, amend. SG. 83/18 Oct 2005, amend. SG. 105/29 Dec 2005, amend. SG. 24/21 Mar 2006, amend. SG. 30/11 Apr 2006, amend. SG. 48/13 Jun 2006, amend. SG. 57/14 Jul 2006, amend. SG. 68/22 Aug 2006, amend. SG. 75/12 Sep 2006, amend. SG. 102/19 Dec 2006, amend. SG. 105/22 Dec 2006, amend. SG. 40/18 May 2007, amend. SG. 46/12 Jun 2007, amend. SG. 59/20 Jul 2007, amend. SG. 64/7 Aug 2007, amend. SG. 104/11 Dec 2007, amend. SG. 43/29 Apr 2008, amend. SG. 94/31 Oct 2008, amend. SG. 108/19 Dec 2008, amend. SG. 109/23 Dec 2008, amend. SG. 35/12 May 2009, amend. SG. 41/2 Jun 2009, amend. SG. 103/29 Dec 2009, amend. SG. 15/23 Feb 2010, amend. SG. 46/18 Jun 2010, amend. SG. 58/30 Jul 2010, amend. SG. 77/1 Oct 2010, amend. SG. 91/19 Nov 2010, amend. SG. 100/21 Dec 2010, amend. SG. 101/28 Dec 2010, amend. SG. 18/1 Mar 2011, amend. SG. 33/26 Apr 2011, amend. SG. 61/9 Aug 2011, amend. SG. 82/21 Oct 2011, amend. SG. 7/24 Jan 2012, amend. SG. 15/21 Feb 2012, amend. SG. 20/9 Mar 2012, amend. SG. 38/18 May 2012, amend. SG. 49/29 Jun 2012, amend. SG. 77/9 Oct 2012, suppl. SG. 82/26 Oct 2012, amend. SG. 15/15 Feb 2013, suppl. SG. 104/3 Dec 2013, amend. SG. 1/3 Jan 2014, amend. SG. 27/25 Mar 2014, amend. SG. 61/25 Jul 2014, amend. and suppl. SG. 54/17 Jul 2015, amend. SG. 61/11 Aug 2015, amend. and suppl. SG. 79/13 Oct 2015, amend. and suppl. SG. 98/15 Dec 2015, amend. SG. 8/29 Jan 2016, amend. SG. 59/29 Jul 2016, amend. and suppl. SG. 98/9 Dec 2016, amend. and suppl. SG. 105/30 Dec 2016, amend. SG. 85/24 Oct 2017, amend. SG. 86/27 Oct 2017, amend. SG. 96/1 Dec 2017, amend. and suppl. SG. 102/22 Dec 2017, amend. and suppl. SG. 7/19 Jan 2018, amend. SG. 15/16 Feb 2018, amend. and suppl. SG. 30/3 Apr 2018, amend. and suppl. SG. 42/22 May 2018, amend. and suppl. SG. 59/17 Jul 2018, amend. SG. 77/18 Sep 2018, amend. SG. 91/2 Nov 2018, amend. and suppl. SG. 92/6 Nov 2018, suppl. SG. 79/8 Oct 2019

 

 

 

Chapter one.

 

GENERAL PROVISIONS

 

 

Subject and Purpose

 

Art. 1. (1) (Amend. SG, 100/1992) This Code shall regulate the labour relationships between the employee and the employer, as well as other relationships immediately related to them.

 

(2)   (New - SG, No. 2/1996) Relationships related to providing labour force shall be arranged as employment relations only.

 

(3)    (Previous para 2, SG, No 2/1996; amend. - SG 25/2001) This Code shall aim to ensure the freedom and protection of labour, fair and befitting labour conditions, as well as carrying out social dialogue between the state, the workers, employees, employers and their organisations for settlement of the labour relations and the relations directly related to them.

 

 

 

Social dialogue

 

Art. 2. (new, SG 25/2001) The state shall regulate the labour and the directly related relations, the insurance relations and the issues of the living standard upon consultations and dialogue with the workers, employees, employers and their organisations in the spirit of cooperation, mutual concessions and respect of the interests of each of the parties.


Tripartite partnership

 

Art. 3. (amend. - No 100/1992; amend., SG 25/2001) (1) (Suppl. SG 120/02) The State shall carry out the regulation of labour and the directly related relations, the insurance relations, as well as the living standard issues, in cooperation and after consultations with the employees' and the employers' representative organisations. The scope of the issues of the living standard, subject to consultations, shall be determined with act of the Council of Ministers upon proposal of the National council for tripartite partnership.

 

(2)   (Amend. SG 120/02) The partnership and the consultations shall obligatory be done during the approval of normative acts about the relations and issues pointed out in Para 1.

 

(3)   (new – SG, 54/2015, in force from 17.7.2015) On issues in the scope of Para. 1, agreements may be signed between the representative organizations of the workers and the employees and employers for adoption of normative acts, where:

 

1. the agreement has been signed upon their request after consideration of the state;

 

2. the state has proposed signing of the agreement.

 

(4)   (new – SG, 54/2015, in force from 17.7.2015) The fulfilment of the agreements under Para. 3 shall be performed by the state.

 

 

 

National Council for tripartite partnership

 

Art. 3a. (new, SG 25/2001) (1) The partnership and the consultations under Art. 3 on national level shall be carried out by the National Council for tripartite partnership.

 

(2)   The National Council for tripartite partnership shall consist of two representatives each of the Council of Ministers, of the representative organisations of the workers and employees and of the employers. The Council of Ministers shall appoint its representatives, and the representatives of the representative organisations of the workers and employees and of the employers shall be appointed by their management bodies according to their statutes.

 

(3)   The National Council for tripartite partnership shall be headed by a deputy prime minister.

 

(4)    (new – SG 120/02) The National Council for tripartite partnership shall elect among the persons, representing under law the organisations of the workers and the employees and of the employers, applying the principle of rotation, one deputy chairperson of the Council for a term of one year.

 

(5)    At absence of the chairperson of the National Council for tripartite partnership, the sessions shall be chaired by a deputy chairperson, pointed out by him

 

 

 

Sector, branch, district and municipal councils for tripartite partnership

 

Art. 3b. (new, SG 25/2001; amend. – SG 15/10) (1) The cooperation and the consultations under Art. 3 in sectors, branches, districts and municipalities shall be carried out by sector, branch, district and municipal councils for tripartite partnership.

 

(2)   The sector, branch, district and municipal councils for tripartite partnership shall consist of two representatives each of the respective ministry, other administrative body or municipal administration, of the representative organisations of the workers and employees and of the employers.

 

(3)   The representatives of the ministries, of the other administrative bodies and of the district and municipal administrations shall be appointed by the respective minister, head of another administrative body or mayor of municipality, and those of the representative organisations of the workers and employees and of the employers - by their management bodies according to their statutes.

 

(4)    The chairmen of the sector, branch, district and municipal councils for tripartite partnership shall be appointed by the respective Minister, Head of another administrative body, district Governor or mayor of municipality upon consultation with the representative organisations of the workers and employees and of the employers in the respective councils for tripartite partnership.


 

Functions of the councils for tripartite partnership

 

Art. 3c. (new, SG 25/2001) (1) The National Council for tripartite partnership shall consider and give opinion on draft laws, draft acts of secondary legislation and decisions of the Council of Ministers under Art. 3.

 

(2)   Statement by the National Council for tripartite partnership under Para. 1 can be requested by: 1. the President of the Republic;

 

2. the Chairperson of the National Assembly and the chairmen of standing commissions of the

 

National Assembly;

 

3. the Prime minister;

 

(3)     (amend. – SG 15/10) The sector, branch, district and municipal councils for tripartite cooperation shall consider and give opinion for the settlement of the specific issues under art. 3 for the respective sector, branch, district or municipality.

 

(4)   (amend. – SG 15/10) Opinion under Para. 3 shall be given upon request of the state body which settles the respective issues, or at the initiative of the sector, branch, district and municipal councils for tripartite partnership.

 

 

 

Meetings of the councils for tripartite partnership

 

Art. 3d. (new, SG 25/2001) (1) The councils for tripartite partnership shall be convened for a meeting by their chairmen who are to determine the agenda of the meeting.

 

(2)   The councils for tripartite partnership shall also be convened for a meeting upon request of the representatives of each of the organisations of the workers and employees or of the employers, who shall also propose the agenda of the meeting.

 

 

 

Organising the activity and adopting decisions of the councils for tripartite partnership

 

Art. 3e. (new, SG 25/2001) (1) The chairmen of the councils for tripartite partnership shall chair their meetings, shall organise and direct their activity in the spirit of cooperation, mutual concessions and respect for the interest of each of the parties.

 

(2)     (amend. SG 120/02) The meetings of the councils shall be deemed validly held, when representatives of the three participating parties are present.

 

(3)   (new – SG 120/02) The sessions shall also be deemed regular when authorised representatives of some of the participants on behalf of the representative organisations of the workers and the employees and of the employers are absent in case they have been notified.

 

(3)   (prev. para 3 – SG 120/02) The councils shall adopt their decisions by a general consent.

 

(5)   (prev. para 4 – SG 120/02) The decisions adopted by the councils for tripartite partnership shall be submitted to the respective bodies as follows:

 

1. the decisions of the National Council for tripartite partnership - to the Prime minister or to the respective Minister or Head of other administrative body;

 

2. the decisions of the sector and branch councils for tripartite partnership - to the respective Minister or Head of other administrative body;

 

3. (amend. – SG 15/10) the decisions of the municipal, district council for tripartite partnership - to the District Governor and the mayor of the municipality, or to the chairman of the municipal council, according to the competence for adopting a final act on the discussed issues.

 

(6)   (prev. para 5 – SG 120/02 ; amend. – SG 15/10) The state, district and municipal bodies, to whom opinion of a council for tripartite partnership has been given, shall be obliged to discuss them while


adopting decisions within the scope of their competence.

 

 

 

Settlement and financing of the activity of the councils for tripartite partnership

 

Art. 3f. (new, SG 25/2001) (1) The organisation and the activity of the councils for tripartite partnership shall be settled by regulations adopted by the National Council for tripartite partnership.

 

(2)    The expenses related to the activity of the councils for tripartite partnership shall be at the expense of the respective state and municipal bodies participating in them.

 

 

 

Association of Workers and Employees

 

Art. 4. (amend. - No 100/1992) (1) Workers and employees are entitled, with no prior permission, to freely form, by their own choice, trade union organisations; to join and leave them on a voluntary basis, showing consideration for their statutes only.

 

(2)   Trade union organisations shall represent and protect employees' interests before government agencies and employers as regards the issues of labour and social security relations and living standards through collective bargaining, participation in the tripartite cooperation, organisation of strikes and other actions, pursuant to the law.

 

 

 

Association of Employers

 

Art. 5. (amend. - No 100/1992) (1) Employers are entitled, with no prior permission, to freely form, by their own choice, organisations to represent and protect them, as well as to join and leave them on a voluntary basis, showing consideration for their statutes only.

 

(2)     (amend., SG 25/2001) The employers' organisations under the preceding paragraph shall represent and protect their interests through collective bargaining, participation in the tripartite cooperation, and through other actions, pursuant to the law.

 

 

 

General Meeting of the workers and employees

 

Art. 6. (amend. - No 100/1992; amend., SG 25/2001) (1) The general meeting shall consist of all workers and employees of the enterprise.

 

(2)  When the labour organisation or other reasons do not allow the functioning of a general meeting established, at the initiative of workers and employees, can be meeting of the proxies. It shall consist of representatives of the workers and employees elected for a period determined by the general meetings of the structural units of the enterprise. The norm of representation shall be determined by the workers and employees and shall be equal for the whole enterprise.

 

(3)    The rules with respect to the general meeting of workers and employees shall apply for the convening of proxies, their activity and rights of association.

 

 

 

Order of work of the General Meeting (amend,. SG 25/2001)

 

Art. 6a. (New - SG, No. 2/1996) (1) (new, SG 25/2001) The general meeting of the workers and employees shall determine on its own the order of its work.

 

(2)   (prev. para 1 - SG 25/2001) The general meeting (the meeting of proxies) at the enterprise shall be convened by the employer, by the management of a trade union organisation, as well as upon the initiative of one-tenth of the number of employees (proxies) in the enterprise.


(3)   (prev. para 2 - SG 25/2001) The general meeting (the meeting of proxies) may conduct business provided it is attended by more than half of the workers and employees (proxies).

 

(4)    (prev. para 3 - amend., SG 25/2001) The general meeting shall take decisions by a simple majority of the attending employees, unless otherwise provided by this Code, by another law or statutes.

 

 

 

Workers' and Employees' Participation in the Management of the Enterprise

 

Art. 7. (amend. - SG, No 100/1992) (1) (prev. art 7. - SG 25/2001; amend. - SG 48/06, in force from 01.07.2006) The workers and employees shall participate, through representatives elected by the general meeting of the workers and employees, in the discussion of, and resolving on enterprise management issues only when provided by law.

 

(2)     (new, SG 25/2001) The workers and employees can elect at a general meeting their representatives who will represent their common interests on the issues of the working and insurance relations before their employer and before the state bodies. The representatives shall be elected by a majority of more than two thirds of the members of the general meeting.

 

(3)   (revoked - SG 48/06, in force from 01.07.2006).

 

 

 

Information and Consultation Representatives of Workers and Employees

 

Art. 7a. (*) (new - SG 48/06, in force from 01.07.2006) (1) (suppl. – SG 7/12) In enterprises, including temporary work agencies, with 50 and more workers and employees, as well as in organizationally and economically separated units of enterprises with 20 and more workers and employees, the general meeting shall elect among its members representatives of the workers and employees for performing the informing and consulting under Art. 130c and 130d.

 

(2)   The general meeting may assign the functions under Para. 1 to representatives, determined by the governing bodies of the trade union organisations, or to the representatives of the workers and employees under Art. 7, Para. 2.

 

(3)   (suppl. – SG 7/12) The number of the staff under Para. 1 shall be determined from the average number of the monthly list of the workers and employees for the precedent 12 months. In it shall be included all workers and employees who are or have been in legal terms of employment with the employer, regardless of its term and the duration of their work time, including the workers and employees, sent by an undertaking that provides temporary work.

 

(4)  The number of the representatives of the workers and employees shall be determined in advance by the general meeting, as follows:

 

1. regarding enterprises with 50 to 250 workers and employees – from 3 to 5;

 

2. regarding enterprises with more than 250 workers and employees – from 5 to 9;

 

3. regarding organizationally and economically separated units - from 1 to 3.

 

(5)   Candidatures for selection for representatives of the workers and employees under Para. 1 may be proposed by individual employees, groups of employees, as well as by trade union organisations

 

(6)    The general meeting shall determine the order for conducting the selection under Para. 5, including the way of voting.

 

(7)   The general meeting shall adopt its decisions under Para. 1, 2 and 4 by simple majority of the present members.

 

 

 

Mandate of the Representatives of the Workers and Employees

 

Art. 7b. (new – SG 48/06, in force from 01.07.2006) (1) The representatives of the workers and employees under Art. 7, Para. 2 and Art. 7a shall be elected for a period from one to three years. They shall


be dismissed ahead of due term:

 

1.   in case they are convicted of deliberate crime of general nature;

 

2.   upon systematic non-fulfilment of their functions;

 

3.   upon objective incapability to perform their functions for more than 6 months;

 

4.   upon their request.

 

(2)   (suppl. – SG 108/08) In the cases under Art. 123, Para. 1, if the enterprise, the activity or part of the enterprise or the activity, preserves its independence, the representatives of the workers and employees under Art. 7, Para. 2 and Art. 7a shall maintain their status and functions after the change under the same conditions, form and size, which they have had before the change, till the selection of new representatives, for not more than a year from the date of the change. If, after the change of the enterprise, the activity or part of the enterprise or the activity does not preserve its independence, the mandate of the elected representatives of workers and employees shall be terminated, provided that the workers and employees, transferred to the new employer, be represented by the representatives of the workers and employees in the enterprise where they have been transferred to work.

 

 

 

Rights and Obligations of the Representatives of the Workers and Employees

 

Art. 7c. (new – SG 48/06, in force from 01.07.2006) (1) The representatives of the workers and employees shall be entitled:

 

1.  to be informed by the employer in a way, allowing them to evaluate the possible influence of the measures, provided for by the competent bodies;

 

2.  to require from the employer to provide them with the necessary information, in case this has not been done within the fixed terms;

 

3.   to participate in procedures of consulting with the employer and to express their opinion on the measures, provided for by the competent bodies, which shall be considered when taking a decision;

 

4.  to require meetings with the employer in the cases when it is necessary to inform him/her of the questions, raised by the workers and the employees;

 

5.   to access to all working places at the enterprise or the unit;

 

6.   to participate in training related to the fulfillment of their functions.

 

(2) The representatives of the workers and employees shall be obliged:

 

1.  to inform the workers and the employees of the information received under Para. 1, item 1 and 2, and of the results from the consultations and meetings conducted under Para. 1, item 3 and 4;

 

2.   not to disclose and use at their own expense or at the expense of third persons the information under Para. 1, item 1 and 2, which is provided to them, requiring confidentiality, till they are representatives of the workers and employees, as well as after termination of their functions.

 

(3) The representatives of the workers and employees shall establish the order for their work. They may appoint one or several persons from their members to conclude an agreement with the employer in the cases, stipulated by the law.

 

(4) By a collective employment contract or an individual agreement with the employer may be settled that, where necessary with respect to their obligations, the representatives of the workers and employees can use reduced duration of the working hours, additional leave and others.

 

 

 

Responsibility at Disclosure of Confidential Information

 

Art. 7d. (new – SG 48/06, in force from 01.07.2006) The persons, who were provided with information requiring confidentiality, shall be liable for the damages caused to the employer from non-fulfillment of the duty of secrecy.


Exercise of Labour Rights and Duties

 

Art. 8. (1) Labour rights and duties shall be exercised in good faith, pursuant to the requirements of

 

the law.

 

(2)   Good faith in the exercise of labour rights and duties shall be presumed until the contrary has been proved.

 

(3)    (amend. - SG, No 100/1992; amend., SG 25/2001; amend., SG 52/04, In force from 1st of August 2004) In exercising labour rights and duties, no direct or indirect discrimination shall be allowed on grounds of nationality, origin, sex, sexual orientation, race, skin colour, age, political and religious convictions, affiliation to trade union and other public organisations and movements, family and material status, presence of mental or physical disabilities, as well as differences in the term of the contract and the duration of the working time.

 

(4)   Labour rights and obligations are personal. Any renunciation of labour rights, as well as any transfer of labour rights and obligations, shall be considered null and void.

 

 

 

Art. 9. (Revoked SG, No 100/1992)

 

 

 

Law Applicable to Employment Relationships

 

Art. 10. (amend. - SG, No 100/1992; amend. – SG 48/06, in force from 01.07.2006; amend. – SG 108/08) (1) This Code shall apply to employment relationships of Bulgarian citizens, nationals of Member States of the European Union, of states – parties to the Agreement on the European Economic Area or of the Swiss Confederation with employers in Bulgaria, as well as with Bulgarian employers abroad, insofar as not provided otherwise in a law or a treaty in force for the Republic of Bulgaria.

 

(2)   This Code shall apply also to employment relationships of Bulgarian citizens, of nationals of Member States of the European Union, of states – parties to the Agreement on the European Economic Area or of the Swiss Confederation, sent by Bulgarian employers to work in a foreign state in a foreign or mixed enterprise, and also of foreign nationals working in Bulgaria, insofar as not provided otherwise in a law or in an international treaty in force for the Republic of Bulgaria.

 

(3)     The provisions of Para. 1 and 2 shall not apply to employment relationships with an international component, if the parties have chosen the legislation of another country to regulate their employment relationship.

 

(4)   The application of Para. 1, 2 and 3 shall not deprive the employee of the protection granted by the imperative norms of the legislation of a Member State of the European Union, of a state – party to the Agreement on the European Economic Area or of the Swiss Confederation, on the territory of which the labour is provided, if they are more favourable for the employee.

 

 

 

Recognition of Labour Rights Acquired Abroad

 

Art. 11. (amend. - SG, No 100/1992) Labour rights acquired abroad shall be recognised in the Republic of Bulgaria by virtue of a law, an act of the Council of Ministers, or a treaty, to which the Republic of Bulgaria is a party.

 

 

 

Chapter two.

 

WORKING COLLECTIVE


Art. 12-32. (revoked, SG, No 100/1992)

 

 

 

 

Chapter three.

 

TRADE UNION ORGANISATIONS AND EMPLOYERS' ORGANISATIONS (Title amend. - SG

 

100/1992)

 

 

Autonomy

 

Art. 33. (amend. - SG No 100/1992) (1) Trade union organisations and employers' organisations are entitled, within the bounds of the law, to autonomously draw up and adopt their statutes and rules, to freely elect their bodies and representatives, to organise their leadership, as well as to adopt programmes of action.

 

(2)   Trade union organisations and employers' organisations shall define their functions freely, and shall perform them pursuant to their statutes and the law.

 

 

 

Representative organisations of the workers and employees

 

Art. 34. (new, SG 25/2001; amend. – SG 40/07; amend. – SG 7/12) As a representative organisation of the workers and employees on national level shall be recognised an organisation meeting the following requirements:

 

1.   (amend. - SG 08/16, in force from 29.01.2016) to have at least 50 thousand members;

 

2.  to have workers 'and employees' organizations in more than a quarter of the activities defined by a code till the second digit of the Classification of Economic Activities, approved by the National Statistical Institute, provided that at least 5 % of the employed persons in each of the economic activities are members, or at least 50 organisations with no less than 5 members in each of the economic activities;

 

3.   to have local bodies in more than a quarter of the municipalities in the country and a national leadership body;

 

4.  to have the capacity of a legal person acquired by the order of Art. 49, Para 1, at least three years prior to submitting the request for recognition of representativeness.

 

 

 

Representative organisations of the employers

 

Art. 35. (new, SG 25/2001; amend. – SG 40/07; amend. – SG 7/12) As a representative organisation of the employers on national level shall be recognised an organisation meeting the following requirements:

 

1.   (declared unconstitutional by a decision of the Constitutional Court No 7 of 2012 - SG 49/12; amend. - SG 08/16, in force from 29.01.2016) to include at least:

 

a) 1500 members and a total of at least 50 000 workers and employees in all members of the employers’ organisation, or

 

b) 100 000 workers and employees hired under an employment contract in all members of the employers’ organisation;

 

2.  to have organisations of the employers in more than a quarter of the activities defined by a code up to the second digit from the Classification of Economic Activities approved by the National Statistical Institute, with no less than 5 % of the insured persons under employment contract in each of the economic activities or 10 members in each economic activity;

 

3.   to have local bodies in more than a quarter of the municipalities in the country and a national leadership body;

 

4.   to have the capacity of a legal person acquired by the order of Art. 49, Para. 1, at least three years


prior to submitting the request for recognition of representativeness;

 

5.  (declared unconstitutional by a decision of the Constitutional Court No 7 of 2012 - SG 49/12) not to carry out activities explicitly assigned solely to the organization by an Act or a statutory instrument.

 

(2) In those cases where an employer, directly or through a branch or sectoral organization, is a member in two or more national organizations of employers, when deciding whether representation criteria under Para.1, item 1 are available with respect to the membership, the employer shall have the following options:

 

1.   to authorize by an explicit Power of attorney one of the national organizations, in which is a

 

member;

 

2.   to authorize by an explicit Power of attorney the branch or sectoral organization, in which is a

 

member;

 

(3) In those cases where one branch or sectoral organisation of employers is a member of one or more national organisations of employers, at ascertaining the members as per Para. 1, item 2, with respect to the presence of the representativeness conditions, it shall be included in the list of the organisation, which has been explicitly authorised to represent it.

 

 

 

Recognition of representative organisations

 

Art. 36. (new, SG 25/2001; amend. – SG 40/07) (1) The organisations of the workers and employees shall be recognised as representative on national level, upon their request, by the Council of Ministers for a period of 4 years.

 

(2)   Once in every four years the Council of Ministers shall conduct a procedure for recognition of the workers' and employees' organizations and those of the employers as representative on a national level.

 

(3)    The chairman of the National Council for Tripartite Partnership shall announce in the State Gazette the initiation of the procedure for recognition of representativeness 6 months prior to the expiry of the term under Para. 1.

 

(4)   (amend. – SG 61/11) The organisations of the workers and employees and of the employers, wishing to be recognised as representative, shall submit their requests within four months from the date of promulgation of the announcement under Para. 3.

 

(5)    The Council of Ministers shall determine the procedure for ascertaining the presence of the representativeness conditions referred to in art. 34 and 35, observing the following principles:

 

1. equality at assessment of the representativeness conditions and of the presence of a social mandate;

 

2.     transparency of the procedure for ascertaining of the presence of the representativeness conditions referred to in art. 34 and 35;

 

3.   ensuring the authenticity of the primary information;

 

4.   mutual control at ascertaining the presence of representativeness conditions.

 

(6)   (amend. – SG 61/11) The Council of Ministers shall take decision within two months from the regular filing of the request of the interested organisation.

 

(7)    (amend. - SG 77/18, in force from 01.01.2019) The refusal of the Council of Ministers to recognise a representative organisation of the workers and employees or of the employers shall be motivated and announced to the interested organisation within 7 days from its adoption. The interested organisation can contest the refusal before the relevant administrative court in accordance with the Administrative Procedure Code.

 

(8)   Recognised as representative shall be all divisions of organisations recognised as representative on national level.


Inspection of the requirements for representation

 

Art. 36a. (new, SG 25/2001; amend. – SG 40/07) (1) On its own initiative the Council of Ministers may carry out inspection with respect to the presence of the representativeness conditions referred to in Art. 34 or Art. 35 of each of the organisations of the workers and employees and of the employers.

 

(2)   Depending on the results of the inspection, the Council of Ministers shall take a decision, with which it may:

 

1. deprive the representative organisation of the workers and employees and of the employers on national level of its capacity as such;

 

2. confirm its representativeness as per Art. 36, para 5 and 6.

 

(3)   The decision under para 2, item 1 shall be subject to appeal following the procedure of art. 36,

 

para 7.

 

 

 

Participation in the Preparation of Internal Regulations of the Enterprise

 

Art. 37. (amend. - SG, No 100/1992) Trade union organisation organs in the enterprise shall be entitled to participate in drafting all internal rules and regulations which pertain to labour relations, the employer being bound to invite them to do so.

 

 

 

Art. 38 - 41. (Revoked, SG, No 100/1992)

 

 

 

Participation in the Discussion of Labour and Security Issues

 

Art. 42. (amend. - SG, No 100/1992) The national leaderships of trade union organisations and employers' organisations, or organs or persons they have authorised, are entitled to participate in the discussion of issues referring to the labour and security relations of employees of ministries, other institutions, enterprises and local government bodies.

 

 

 

Art. 43. (Revoked, SG, No 100/1992)

 

 

 

Art. 44. (Revoked, SG, No 100/1992)

 

 

 

Representation before the Court

 

Art. 45. (amend. - SG No 100/1992, former text of Art. 45 – SG, 105/16, in force from 30.12.2016)

 

(1)   Trade union organizations and their divisions are entitled, upon the request of employees, to represent them as attorney before the Court. They shall not be entitled to conclude agreements, to recognize claims, to renounce, withdraw, or reduce the claims of employees, and to collect amounts on behalf of the represented persons unless they have been expressly authorized to do so.

 

(2)   (New – SG, 105/16, in force from 30.12.2016) Para. 1 shall also apply in relation to workers and employees under Art. 121a.


 

 

 

Cooperation to Further the Activities of Trade Union Organisations and of the


Representatives of the Workers and the Employees (Title amend. - SG 48/06, in force from 01.07.2006)

 

Art. 46. (1) (amend. - SG, No 100/1992; prev. text of art. 46 - SG 48/06, in force from 01.07.2006; suppl. – SG 58/10, in force from 30.07.2010) State agencies, local authorities and employers shall provide conditions for, and cooperate with, trade union organisations to further their activities. The former shall make available to the latter, for gratuitous use, real estate and chattel, buildings, premises, and other facilities required for the performance of their functions.

 

(2)   (new – SG 48/06, in force from 01.07.2006) The employer shall be obliged to cooperate with the representatives of the workers and the employees on fulfilment of their functions and to create conditions for implementation of their activity.

 

 

 

Art. 47. (Revoked SG, No 100/1992)

 

 

 

Art. 48. (Revoked SG, No 100/1992)

 

 

 

Legal Entity

 

Art. 49. (1) (Amended - SG, No 100/1992, No. 2/1996, amend. – SG 59/18) Trade union organizations and employers' organizations shall acquire the status of legal entity upon registration in a register of trade union and employers' organizations with the respective District Court at their headquarters.

 

(2)    (Amend. – SG 59/18) Any division of an organisation which has been registered under the preceding paragraph shall acquire the status of a legal entity, pursuant to its statute.

 

(3)   (New – SG 59/18) Entries shall be made under the conditions and procedure of Chapter fifty-five of the Civil Procedure Code.

 

(4)   (New – SG 59/18) The following circumstances shall be recorded in the register of trade unions and employers' organizations:

 

1. the type and the name of the organization;

 

2. the seat and the address;

 

3. the Statutes of the organization;

 

4. the bodies, the names of the members of the management body, the names and positions of the persons representing the organization;

 

5. the termination of the organization;

 

6. the transformation;

 

7. the names, respectively the name and the address of the liquidators;

 

8. the deletion of the organization.

 

(5)   (New – SG 59/18) Also entered shall be the changes in the circumstances under Para. 4.

 

(6)   (New – SG 59/18) The circumstances and the acts under Para. 4 shall be filed for registration, respectively for announcement in the register of trade union and employers' organizations at the respective District Court, within one month from the day of their occurrence, respectively of their change.

 

(7)    (Previous Para. 3 - SG 59/18) Property relations between the members of a trade union organization which has been wound up, as well as of an employers' organizations which has been wound up, shall be settled in accordance with the provisions set forth in their respective Statutes.

 

 

Chapter four.

 

COLLECTIVE EMPLOYMENT CONTRACT


Subject

 

Art. 50. (amend. - SG, No 100/1992) (1) The collective employment contract shall regulate issues of the labour and social security relations of employees which are not regulated by mandatory provisions of the law.

 

(2)    (amend. - SG, No 100/1992, No 2/1996; suppl., SG 25/2001) The collective employment contract shall not contain clauses which are less favorable to workers and employees than those provided for by law or in a collective employment contract, with which the employer has been bound.

 

 

 

Levels of collective bargaining

 

Art. 51. (Amended - SG, No. 2/1996; amend., SG 25/2001) (1) Collective employment contracts shall be concluded by enterprises, industries, branches and municipalities.

 

(2)    Only one collective employment contract can be concluded on a level of enterprise, industry

 

and branch.

 

 

 

Collective employment contract in enterprises

 

Art. 51a. (new, SG 25/2001) (1) Collective employment contract in the enterprise shall be concluded between the employer and the trade union organisation.

 

(2)   The draft collective employment contract shall be worked out and presented by the trade union organisation. When there is more than one trade union organisation in the enterprise, they shall present a joint draft.

 

(3)    When trade union organisations cannot present a joint draft, the employer shall conclude a collective employment contract with the trade union organisation whose draft has been adopted by the general meeting of the workers and employees (meeting of the proxies) by a majority of more than half of its members.

 

 

 

Collective employment contract on an industrial and branch level

 

Art. 51b. (new, SG 25/2001) (1) (amend. – SG 108/08) Collective employment contract in industries and branches shall be concluded between the respective representative organisations of workers and employees and of the employers.

 

(2)   (new – SG 120/02; amend. – SG 58/10, in force from 30.07.2010) The collective employment negotiating at sector or branch level for an agreement between the parties may cover one or several activities from the Classification of Economic Activities.

 

(3)   (prev. (2) – SG 120/02) The representative organisations of the workers and employees shall work out and present to the representative organisations of the employers a joint draft.

 

(4)   (prev. (2) – SG 120/02) When the collective employment contract on an industrial or branch level is concluded between all representative organisations of the workers and employees and of the employers of the industry or branch, upon their joint request the Minister of Labour and Social Policy can spread the implementation of the contract, or its individual clauses, on all enterprises of the industry or branch.

 

 

 

Collective employment contracts in municipalities

 

Art. 51c. (new, SG 25/2001) (1) Collective employment contracts in municipalities for activities financed by the municipal budget shall be concluded between the representative organisations of the


workers, employees and of the employers.

 

(2)    The local divisions of the representative organisations of the workers and employees shall present joint drafts of collective employment contracts to the local divisions of the representative organisations of the employers.

 

 

 

Obligations to Negotiate and to Provide Information (amend,. SG 25/2001)

 

Art. 52. (amend. - SG, No 100/1992) (1) The individual employer, the group of employers, and their organisations shall be obliged to:

 

1.   negotiate with the employees' representatives to conclude a collective contract;

 

2.   make available to the employees' representatives:

 

a)   the collective contracts concluded which bind the parties on the basis of sectoral, regional or organisational affiliation;

 

b)    (amend., SG 25/2001) timely, reliable and comprehensive information for the economic and financial position which is significant for the conclusion of the collective contract; submitting information whose spreading could harm the employer, can be refused or made with a request for confidentiality.

 

(2) In case of failure to perform the obligation under the preceding paragraph, the employers in default shall owe indemnity for damages inflicted.

 

(3) The employer shall be deemed to be in delay, if he does not fulfil his obligation under para 1, item 1 within one month, and under para 1, item 2 within 15 days after the notice.

 

(4) (new, SG 25/2001) Upon request of the employer, at the start of the bargaining for conclusion of collective employment contract, the trade union organisations in the enterprise shall submit information for the actual number of their members.

 

 

 

Conclusion and Registration

 

Art. 53. (amend. - SG, No 100/1992) (1) The collective contract shall be concluded in writing in three copies - one for each of the parties, and one for the respective labour inspection, and shall be signed by the representatives of the parties.

 

(2)   The written form is a requisite for the validity of the collective contract.

 

(3)    The collective employment contract shall be registered in a special register with the labour inspection in the area where the employers' seat is located. In case the employers have seats in various areas, the registration shall be registered with one of the inspections. Collective contracts of a sectional or national significance shall be registered with the General Labour Inspection. Disputes as to the competent inspection shall be settled by the Minister of Labour and Social Policy.

 

(4)    (amend. – SG 108/08) The registration shall be entered on the grounds of an application in writing of each of the parties within one month after the labour inspection has received the application. A copy of the agreement signed by the parties and an electronic image of the document shall be attached to the application.

 

(5)   (new – SG 108/08) Copies of the registered employment contracts shall be provided ex officio, under order determined by the Minister of Labour and Social Policy, to the National Institute for Conciliation and Arbitration, which shall create and maintain an information system for the collective employment contracts.

 

(6)   (prev. text of Para 05 – SG 108/08) Should a dispute as to the text of the contract arise, the registered text shall be deemed authentic.


 

 

 

Entry into Force and Duration


Art. 54. (amend. - SG, No 100/1992) (1) The collective contract shall come into force as from the date of its conclusion, insofar as it does not provide otherwise.

 

(2)   (amend. - SG 25/2001) The collective contract shall be deemed concluded for a term of one year, insofar as it does not provide otherwise, but for no longer than two years. The parties can agree upon a shorter term of validity of its individual clauses.

 

(3)   (new, SG 25/2001) The negotiations for conclusion of a new collective employment contract shall start not later than three months before the expiration of the term of the current collective employment contract.

 

 

 

Extension of the Effect of the Collective contract

 

Art. 55. (amend. - SG, No 100/1992) (1) (prev. art. 55 - SG 25/2001) The effect of the collective contract concluded between an employers' organisation and trade union organisations shall not be terminated with regard to an employer who terminates his membership in it after the contract has been concluded.

 

(2)   (new, SG 25/2001; suppl. – SG 108/08) In the cases under Art. 123 and 123a, the collective employment contract already in place shall remain in effect until the conclusion of a new collective employment contract, but for no longer than one year from the date of the change of the employer.

 

 

 

Amendment

 

Art. 56. (amend. - SG, No 100/1992) (1) The collective contract may be amended at any time with the parties' mutual consent, under the terms and procedures under which it has been concluded.

 

(2) Articles 53 and 55 shall apply to amendments to the collective contract.

 

 

 

Effect with Regard to Persons

 

Art. 57. (amend. - SG, No 100/1992) (1) The collective contract shall have effect for the workers and employees who are members of the trade union organisation signatory to the agreement.

 

(2)    (Suppl. - SG, No. 2/1996; amend., SG 25/2001) The workers and employees who are not members of a trade union organisation, party to the contract, may accede to the collective contract concluded by their employer by applications in writing submitted to him or to the leadership of the trade union organisation which has concluded the agreement, under conditions and by an order determined by the parties to the contract, so that they do not contradict the law or evade it, or harm the good morals.

 

 

 

Obligation for Information

 

Art. 58. (amend. - SG, No 100/1992; amend. – SG 48/06, in force from 01.07.2006) The employer shall be obliged to inform all workers and employees of the collective contracts, with which he/she is bound, concluded at the enterprise, by sectors, branches or municipalities and to keep the texts of the collective contract at the disposal of the workers and employees.

 

 

 

Actions in Case of Default

 

Art. 59. (amend. - No 100/1992; amend., SG 25/2001) For failure to fulfil the obligations under the collective employment contract, claims can be lodged before the court by the parties to it, as well as by every worker or employee regarding whom the collective employment contract applies.


 

Claim for declaring invalidity

 

Art. 60. (new, SG 25/2001) Each of the parties to the collective employment contract, as well as each worker or employee regarding whom the collective employment contract is applied, shall have the right to lay claim before the court for declaring invalidity of the collective employment contract or of individual clauses thereof, if they contradict the law or evade it.

 

 

 

Chapter five.

 

FORMATION AND AMENDMENT OF EMPLOYMENT CONTRACT RELATIONSHIPS

 

 

Section I.

 

EMPLOYMENT CONTRACT

 

 

Conclusion

 

Art. 61. (amend. - SG, No 100/1992) (1) (suppl. SG 120/02) The employment contract shall be concluded between the worker or employee and the employer before the start of the work.

 

(2)  For positions specified by law or by an act of the Council of Ministers, the employment contract shall be concluded by the body superior to the employer. In such cases, the employment contract relationship shall be established with the enterprise where the relevant position is.

 

(3)    An employment contract may also be concluded with a group of persons, either directly or through a representative they have authorised. In this case, the same rights and duties for the employer and for each person from the group shall arise as would have, had the contract been concluded with each one of them individually.

 

 

 

Form

 

Art. 62. (amend. - SG, No 100/1992) (1) (Amended - SG, No. 2/1996) The employment contract shall be concluded in writing.

 

(2)   (New - SG, No. 2/1996, revoked – SG 120/02)

 

(3)   (New – SG 120/02; amend. - SG 105/05, in force from 01.01.2006; suppl. – SG 108/08) Within three days of concluding or amending the employment contract, and within seven days of its termination, the employer, or the person empowered by him, shall be obliged to send notification about this to the respective territorial directorate of the National Revenue Agency. The National Revenue Agency shall grant persons authorised by Directorates "Labour Inspection" real-time electronic access to the register of employment contracts and, if requested, shall send a copy of the specified certified notification within three working days.

 

(4)    (new – SG 100/10, in force from 01.01.2011) After the term of Para 3, notification of a concluded labour contract shall be sent only after an obligatory prescription of the control bodies of the labour inspection has become effective.

 

(5)    (New – SG 120/02; amend. - SG 105/05, in force from 01.01.2006; previous Para 4 – SG 100/10, in force from 01.01.2011) The data contained in the notification and the order for its sending shall be determined with an ordinance of the Minister of Labour and Social Policy, co-ordinated with the Executive Director of the National Revenue Agency and the chairman of the National statistics institute.

 

(6)   (New - SG, No. 2/1996, prev. (3) – SG 120/02; previous Para 5 – SG 100/10, in force from 01.01.2011) Upon conclusion of the employment contract, the employer shall introduce the worker or


employee to the labour obligations ensuing from the position occupied or the nature of the work performed.

 

(7)   (Previous - SG, No 2/1996, prev. (4) – SG 120/02; previous Para 6 – SG 100/10, in force from 01.01.2011) The documents required for the conclusion of the employment contract shall be specified by the Minister of Labour and Social Policy.

 

 

 

Beginning of Performance

 

Art. 63. (1) (new – SG 120/02; amend. - SG 105/05, in force from 01.01.2006) The employer shall be obliged to give to the worker or the employee before the start of the work a copy of the concluded employment contract, signed by both parties, and a copy of the notification of Art. 62, Para. 3, certified by the territorial directorate of the National Revenue Agency.

 

(2)   (new – SG 120/02) The employer shall not have the right to admit to work the worker or the employee before providing to him the documents of Para. 1.

 

(3)   (Revoked previous para 2, amend., SG, No 100/1992, previous para 1, amend. SG 120/02) The worker or employee shall begin work within one week after the receiving of the documents of para 1, unless the parties have negotiated another deadline. In case the employee does not begin work within this period, the employment contract relationship shall be deemed as never formed, unless the failure is due to reasons beyond the employee's control, of which he has notified the employer before the expiry of the deadline.

 

(4)   (Previous para 2, amend., SG, No 100/1992, previous para 2 – SG 120/02) The fulfillment of the obligations under the employment contract shall start with the worker or employee beginning work, which is to be certified in writing.

 

 

 

Art. 64. (Amend. SG, No 21/1990; revoked, No 100/1992)

 

 

 

Art. 65. (Revoked SG, No 21/1990)

 

 

 

Content

 

Art. 66. (amend. - SG, No 100/1992) (1) (amend., SG 52/04, In force from 1st of August 2004) The employment contract shall contain data for the parties and shall determine:

 

1.   the place of work;

 

2.   the name of the position and the nature of the work;

 

3.   the date of its conclusion and the beginning of its fulfilment;

 

4.   the duration of the employment contract;

 

5.   the size of the basic and extended paid annual leave and of the additional paid annual leaves;

 

6.   equal term of notice for both parties on termination of the employment contract;

 

7.   the basic and the extra remuneration of permanent nature, as well as the periodicity of their

 

payment;

 

8.   duration of the working day or week.

 

(2)   Other terms and conditions may also be negotiated in the employment contract pertaining to the provision of labour which are not regulated by mandatory provisions of the law, as well as terms and conditions which are more favourable for the employee than those established by the collective contract.

 

(3)   The registered office of the enterprise with which the employment contract has been concluded shall be deemed as the place of work, unless otherwise agreed or ensuing from the nature of the job.

 

(4)     (new    SG  58/10,  in  force  from  30.07.2010)  The  names  of  the  positions  shall  be  given


according to the National classification of the professions and positions, adopted by the Minister of Labour and Social Policy following an agreement with the chairperson of the National Statistical Institute.

 

(5)    (new – SG 48/06, in force from 01.07.2006; prev. text of para 4 – SG 58/10, in force from 30.07.2010) Upon each amendment to the employment contract relationship, at the earliest possibility or at latest within one month after the entry into force of the change, the employer shall be obliged to provide the worker or employee with the necessary information in writing, containing data on the implemented amendments.

 

 

 

Duration

 

Art. 67. (1) (amend. - SG, No 100/1992) The employment contract may be concluded:

 

1.   for an indefinite period of time;

 

2.   as an employment contract for a fixed term.

 

(2)     The employment contract shall be considered concluded for an indefinite period, unless expressly agreed otherwise.

 

(3)   (new, SG 25/2001) The employment contract for indefinite term cannot be transformed into a contract for a definite term, except at the explicit wish of the worker or employee, expressed in writing.

 

 

 

Employment Contract for a Fixed Term

 

Art. 68. (1) (amend. - SG 100/1992; prev. art. 68 - SG 25/2001) An employment contract for a fixed term shall be concluded:

 

1.   (amend. - SG 100/1992) for a definite period which cannot be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise;

 

2.   (amend. - SG 100/1992) until completion of some specified work;

 

3.   (amend. - SG 100/1992) for substitution of an employee who is absent from work;

 

4.  (Deleted previous item 5, amend. - SG 100/1992) for working at a position which is to be taken through a competitive examination - for the time until it is taken on the basis of the competitive examination.

 

5.   (new, SG 25/2001) for a definite mandate when such is stipulated for the respective body.

 

(2)  (new – SG 48/06, in force from 01.07.2006) Workers and employees on fixed-term employment contract under para. 1 shall have the same rights and obligations as have the workers and employees on employment contract for indefinite period. They shall not be put in less favourable position only because of the fixed-term nature of their employment relationship compared to the workers and employees on employment contract for indefinite period, who perform the same or similar work at the enterprise, unless the law stipulates the use of some rights as depending on the qualification or the skills acquired. In case there are no workers or employees employed at the same or similar work, the workers and the employees on fixed-term employment contract may not be put in less favourable position than the rest of the workers and the employees, working under employment contract for indefinite period.

 

(3)    (new, SG 25/2001; prev. text of par. 2 - SG 48/06, in force from 01.07.2006) Employment contract for a fixed term under Para. 1, item 1 shall be concluded for fulfilment of temporary, seasonal or short-term works and activities, as well as with newly employed workers and employees in enterprises declared bankrupt or in liquidation.

 

(4)   (new, SG 25/2001; prev. text of par. 3 - SG 48/06, in force from 01.07.2006) As an exception, an employment contract for a fixed term under Para.1, item 1, for a period of no less than one year, can be concluded for work and activities which have no temporary, seasonal or short-term nature. Such an employment contract can also be concluded for a shorter term upon written request of the worker or employee. In these cases the employment contract for a fixed term according to para 1, item 1 with the same


worker or employee, for the same job, can be concluded again only once for a period of at least one year.

 

(5)     (new, SG 25/2001; prev. text of par. 4, amend. - SG 48/06, in force from 01.07.2006) Employment contract under Para. 1, item 1, concluded in violation of Para. 3 and 4 shall be considered concluded for an indefinite term.

 

(6)   (new – SG 7/12) A temporary employment contract for the period of the long-term business trip may be concluded for a position designated for long-term business trip at a foreign representation of the Republic of Bulgaria abroad pursuant to the Diplomatic Service Act.

 

(7)   (new – SG 48/06, in force from 01.07.2006; prev. text of para 6 – SG 7/12) The employer shall provide the workers and employees on fixed-term employment contract with timely information in writing about the vacant working places and positions, which may be occupied under employment contract for non-determined period, at a suitable place in the enterprise, in order an opportunity for a permanent job to be provided. Such information he/she shall also provide to the representatives of the trade union organizations, as well as to the representatives of the workers and employees under Art. 7, Para. 2.

 

(8)   (new – SG 48/06, in force from 01.07.2006; prev. text of para 7 – SG 7/12) Where possible, the employer shall undertake measures for facilitating the access of the workers and employees on fixed-term employment contract to professional training for the purpose of improving their skills and opportunities for career progress, and for their moving to a different position.

 

 

 

Converting an Employment Contract for a Fixed Term into a Contract for an Indefinite

 

Period

 

Art. 69. (amend. - SG, No 100/1992) (1) The employment contract concluded for a fixed term shall be transformed into a contract for an indefinite period if the employee continues working for 5 or more working days after the expiry of the agreed period, without the written objection of the employer, provided the job is vacant.

 

(2)   (Suppl., SG, No 100/ 1992) The preceding paragraph also applies to employment contracts for a fixed term to substitute for an absent employee, in case the employment contract with the person substituted for is terminated during this period of absence.

 

 

 

Employment Contract for a Trial Period

 

Art. 70. (1) (amend. - SG, No 100/1992) In the event that the work requires the ability of the employee who will perform it to be tried, his final appointment may be preceded by a contract providing for a trial period of up to 6 months. Such a contract may also be concluded in case the worker or employee wants to make sure the job is suitable for him.

 

(2)   (new, SG 25/2001) The contract under Para. 1 shall indicate in whose favour the trial period has been agreed upon. If this is not stipulated in the contract, it shall be accepted that the trial period has been agreed upon in favour of both parties.

 

(3)   (prev., para 2 - SG 25/2001) During the trial period, the parties shall have all rights and duties they would have had under a final employment contract.

 

(4)   (amend. - SG, No 100/1992 - prev. para 3 - SG 25/2001) The trial period shall not include the time during which the employee has been on a statutory leave, or has not done the contracted job for other valid reasons.

 

(5)   (new, SG 25/2001) For one and the same job can be concluded employment contract for a trial period only once with the same worker or employee in one and the same enterprise.


 

 

 

Termination of the Contract with a Trial period


Art. 71. (1) Prior to the expiration of the trial period, the party in whose favour it has been agreed upon may terminate the contract without notice.

 

(2)   The employment contract shall be regarded as finalised in case it has not been terminated under the preceding paragraph prior to the expiration of the trial period.

 

(3)   (Revoked, No 21/1990)

 

 

 

Art. 72. (revoked, SG 25/2001)

 

 

 

Art. 73. (Revoked, SG, No 100/1992)

 

 

 

Nullity

 

Art. 74. (1) (amend. - SG, No 100/1992) Any employment contract which contravenes the law, or a collective contract, or circumvents them, shall be invalid.

 

(2)   (amend. - SG, No 100/1992) The employment contract shall be declared invalid by the court pursuant to Chapter Eighteen. In case the employment contract is invalid due to the appointment of an employee or wroker who has not reached the age required under this Code, the nullity shall be declared by the labour inspection.

 

(3)   (amend. - SG, No 100/1992) In case any control body or other competent body considers that the employment contract is invalid based on one of the grounds mentioned in Para. 1, it shall immediately refer it the Court to rule on the validity of the employment contract.

 

(4)   Individual provisions of the employment contract may be declared invalid pursuant to Para. 2, sentence 1. The relevant mandatory provisions of the law or of the collective contract shall apply instead.

 

(5)    The parties shall not invoke nullity of the employment contract or of individual provisions thereof prior to its declaration and the receipt of such by the parties.

 

(6)    (amend. - SG, No 100/1992) The nullity shall not be declared in case the deficiency in the employment contract disappears or is removed. The employer shall not invoke a deficiency in the employment contract which can be removed.

 

(7)   (amend. - SG, No 100/1992) The provisions of Art. 333 shall not apply where the nullity of an employment contract has been declared.

 

 

 

Relationship between the Parties in Case of an Invalid Employment Contract

 

Art. 75. (amend. - SG, No 100/1999) (1) In the event that the employment contract is declared invalid and the worker or employee has acted in good faith when concluding it, the relationship between the parties to the contract prior to the moment of declaration of its nullity shall be regulated in the same manner as with a valid employment contract.

 

(2)    The preceding paragraph shall also apply in case individual provisions of the employment contract are declared invalid.

 

 

 

Applicability of the Provisions on Nullity of an Employment Contract

 

Art. 76. The rules on nullity of an employment contract shall apply mutatis mutandis to the other grounds for creation of an employment relationship as well.


Art. 77 - 82. (Revoked SG, No 100/1992)

 

 

 

 

Section III.

 

ELECTION

 

 

Appointment to Work on the Basis of an Election

 

Art. 83. (amend. - SG, No 21/1990, No 100/1992) (1) The offices which are held on the basis of an election shall be specified by a law, an act of the Council of Ministers or in Articles.

 

(2)   An election shall be held for an office which is vacant or is about to be vacated, as well as in case of a prolonged absence of the person holding it. The term for which the person is elected shall not be longer than 5 years.

 

 

 

Nomination of Candidates for Elective Office

 

Art. 84. (Revoked SG, No 21/1990; New SG, No 100/1992) (1) The candidates for elective office shall be nominated by bodies and persons specified by a law, an act of the Council of Ministers or statutes. The candidate for an elective office may also nominate himself.

 

(2) An unlimited number of candidates may apply or be nominated for one and the same elective

 

office.

 

(3)   The election shall be held after the candidate has given his consent in writing.

 

(4)   An election shall also be held in the event where there is only one candidate.

 

 

 

Holding an Election

 

Art. 85. amend. - SG, No 21/1990) (1) (amend. - SG, No 100/1992) The election shall be held by an electoral body established by a law, a statute or an act of the Council of Ministers.

 

(2)    (amend. - SG, No 100/1992) An election shall be held when more than half of the persons entitled to vote are present.

 

(3)   (amend. - No 21/1990) The vote shall be open, unless the body which elects decides on a secret

 

ballot.

 

(4)    The candidates for the elective office who are members of the electoral body shall not be counted when establishing the number of those present under Para.2, and shall not vote.

 

(5)   A separate vote shall be held for each elective office.

 

(6)   (amend. - SG, No 21/1990; No 100/1992) The candidate who has won the greatest number of votes, but not less than half the number of those who have voted, shall be considered elected.

 

 

 

Creation of the Employment Relationship

 

Art. 86. (1) The employment relationship shall be created from the moment of announcement of the elected candidate.

 

(2)   (amend. - SG, No 100/1992) The person elected shall start work within 2 weeks after receiving the notification of the election result. In the presence of cogent reasons, this term may be up to 3 months.

 

(3)    The performance of the obligations under the employment relationship shall begin with the assuming of duties by the elected person.

 

(4)    The employment relationship created pursuant to an election shall remain in force after the expiration of the specified term until another person is elected.


(5)   In case the new election leads to the electing of the same person, the employment relationship with him shall be extended for a new term.

 

(6)     (Amend. SG, No 100/1992) In case the election has ended without electing any of the candidates, the employment relationship with the person holding the office for which the election is held shall continue until the successful outcome of the next election.

 

(7)    The employment relationship with the elected person who has not started work within the period under Para. 2 shall be considered to not have arisen.

 

 

 

Disputes as to the Legality of the Election

 

Art. 87. (1) (amend. - SG, No 100/1992) The disputes as to the legality of the election shall be heard by the district court upon the request of any candidate or of the employer, within 2 weeks after receipt of the result.

 

(2)     In case the Court finds the election to be legal, it shall sustain it, and the employment relationship is to be created pursuant to the election, and in case the court finds the election to be illegal, it shall overrule it and a new election shall be held.

 

 

 

Application of Other Provisions to the Election

 

Art. 88. (1) (amend. - SG, No 100/1992) The issues not regulated in this Section shall be regulated by the relevant act or instrument of the Council of Ministers, or the Statutes which provides that certain offices be held on the basis of an election.

 

(2)   (amend. - SG, No 100/1992) The provisions of this Section shall apply, insofar as a law, an act of the Council of Ministers or statutes do not provide otherwise.

 

 

 

 

Section IV.

 

COMPETITIVE EXAMINATION

 

 

Holding Jobs on the Basis of a Competitive Examination

 

Art. 89. (amend. - SG, No 100/1992) A competitive examination may be held for any job with the exception of a job which shall be held on the basis of an election.

 

 

 

Specifying the Jobs Requiring Competitive Examination

 

Art. 90. (1) (amend. - SG, No 100/1992) The jobs requiring a competitive examination shall be specified by a law, an act of the Council of Ministers, a Minister or the Head of another institution, or by the employer.

 

(2)   (Previous para 3 - SG, No 21/1990, amend., No 100/1992; amend., SG 25/2001) A competition shall be announced for a vacancy announced by a law to be held following a competition, or when the position is vacant or is about to be vacated, as well as in the event of a prolonged absence of the person holding it for the time up to his return.

 

(3)    (Previous para 4 - SG, No 21/1990, amend., No 100/1992) The jobs specified to require a competitive examination shall be held only on the basis of a competitive examination. Prior to the competitive examination, the job may be held on an employment contract for a fixed term for the period until a person is appointed to it on the basis of a competitive examination.


Announcement of a Competitive Examination

 

Art. 91. (1) (amend. - SG, No 100/1992) The competitive examination shall be announced by the employer through the national or the local press. If necessary, the competitive examination may be announced in another appropriate way.

 

(2) The announcement for the competition shall contain:

 

1.   the name of the enterprise, the place and nature of work, and the requirements for the job;

 

2.   (amend. - SG, No 100/1992) the manner of holding the competitive examination;

 

3.  (amend. - SG, No 100/1992) the required documents, the place and deadline for submitting them, which cannot be shorter than 1 month.

 

(3) The description of the job requiring a competitive examination shall be provided to the candidates in advance so that they can get familiar with it.

 

 

 

Participation in a Competitive Examination

 

Art. 92. (1) (amend. - SG, No 100/1992) The consent of the employer, for whom the candidate works, shall not be required for his participation in a competitive examination.

 

(2)   (Para 2 - revoked previous para 3, amend. - SG, No 100/92 г.) The candidate shall be entitled to an unpaid leave for the days when the competitive examination is held, and up to 2 days for travel, in case the competitive examination is held in another locality. This leave shall be recognised as length of service.

 

 

 

Admittance to a Competitive Examination

 

Art. 93. (1) (amend. - SG, No 100/1992) Candidates shall be admitted to a competitive examination by a commission appointed by the employer.

 

(2)   (amend. - SG, No 100/1992) The candidates who have not been admitted shall be informed in writing of the grounds for the rejection. Within 7 days after receiving the notification, they may place their objections with the employer who has announced the competitive examination. Within 3 days of receiving the objection, the employer shall settle the issue conclusively.

 

(3)  (amend. - SG, No 100/1992) The candidates who have been admitted shall be notified in writing of the date, hour, and venue of holding the competitive examination.

 

 

 

Commission to Conduct the Competitive Examination

 

Art. 94. (amend. - SG, No 100/1992) The competitive examination shall be conducted by a commission appointed by the employer. The commission shall be composed of relevant experts.

 

 

 

Conducting a Competitive Examination

 

Art. 95. (amend. - SG, No 100/1992) (1) The competitive examination commission shall conduct the competitive examination in the manner announced. It shall evaluate the professional training and the other qualities of the candidates required for holding the job, and shall rank only those who have successfully passed the competitive examination. A protocol shall be drawn up for the competitive examination conducted.

 

(2)   (amend. - SG, No 100/1992) The result of the competitive examination shall be announced to the persons who have participated in it within 3 days after it has been held.


Creation of the Employment Relationship

 

Art. 96. (1) (amend. - SG, No 100/1992) The employment relationship shall be created with the person who has been ranked first, as of the day he has received the notification of the result.

 

(2)    (amend. - SG, No 100/1992) The person with whom an employment relationship has been created shall start work within 2 weeks after receiving the notification under the preceding paragraph. In the presence of cogent reasons, this period shall be up to 3 months.

 

(3)     (amend. - SG, No 100/1992) The performance of the obligations under the employment relationship shall begin from the moment of assuming of the duties by the person.

 

(4)   (amend. - SG, No 100/1992) In case the person does not assume his duties within the period under Para. 2, the employment relationship shall be considered to not have arisen. In this case, the employment relationship shall be created with the participant in the competitive examination who comes next in the ranking, of which he is to be notified in writing.

 

(5)   (Revoked SG, No 100/1992)

 

 

 

Inapplicability to Competitive Examinations for Academic Titles

 

Art. 97. (amend. – SG 101/10) This Section shall not apply to competitive examinations for holding academic positions.

 

 

 

Art. 98-102. (Revoked SG, No 100/1992)

 

 

 

Art. 103 and 104. (Revoked SG, No 100/1992)

 

 

 

Art. 105 and 106. (Revoked SG, No 100/1992)

 

 

 

 

Section VIII.

 

ADDITIONAL PROVISIONS ON SOME EMPLOYMENT RELATIONSHIPS

 

 

Stipulating Additional Conditions in the Creation of an Employment Relationship

 

Art. 107. (amend. - SG, No 100/1992) Where the employment relationship is created on the basis of an election or a competitive examination, before beginning work, the worker or employee and the employer shall negotiate the amount of the labour remuneration. They may also negotiate other terms of the employment relationship.

 

 

 

Additional conditions for the persons working with employment relationship in the state administration

 

Art. 107a. (new – SG 95/03) (1) Employment contract for work in the state administration cannot be concluded with any person who:

 

1.   (suppl. – SG 94/08, in force from 01.01.2009) would turn out to be in hierarchic connection of management and control with husband or wife, with a person with whom he/she is in legal cohabitation, with relatives in direct line without limitation, in lateral line up to forth degree inclusive or in marriage line


up to forth degree inclusive;

 

2.   (amend. – SG 94/08, in force from 01.01.2009) is a sole trader, unlimited liable partner in a commercial company, manager, commercial proxy, commercial representative, procurator, trade broker, liquidator or receiver, is a member of a managing or control body of a trade company or cooperation;

 

3.   is a member of parliament;

 

4.   is a councillor in municipal council – only for the respective municipal administration;

 

5.   (amend. - SG 24/06) holds a managerial or control position at national level in a political party; this prohibition does not refer to the members of political offices, the advisers and experts thereto.

 

(2) (new– SG 94/08, in force from 01.01.2009; suppl. – SG 82/2012, suppl. - SG 79/19) The employee may take part in the managing and control bodies of trade companies with state or municipal capital participation, or of legal entities established by a law, as well as in boards, committees, commissions, working or expert groups, bodies of management or control over funds, accounts etc, which are not legal persons, as a representative of the state or the municipality, provided that he/she is not entitled to remuneration, except in cases provided for in the Public Enterprises Act.

 

(3) (new– SG 94/08, in force from 01.01.2009) Upon conclusion of an employment contract, persons shall sign a declaration concerning the circumstances under Para. 1.

 

(4) (new– SG 94/08, in force from 01.01.2009; amend. - SG 15/12) Upon conclusion of an employment contract, the employee shall be obliged to declare his property status before the person under Para. 6.

 

(5) (new - SG 15/12; amend. – SG 38/12, in force from 01.07.2012, amend. – SG 7/18) Upon taking up the employment, and every year by May 15, the employee shall be obliged to submit to the entity under Para. 6 a declaration for property and interests under Art. 35 of the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property. This obligation shall not apply to employees who occupy technical positions. Any employee who is a senior public officer shall submit a declaration of property and interests only under the provisions of the Act On Counteracting Corruption And On Seizure Of Illegally Acquired Property.

 

(6) (Amend. – SG 24/06; prev. para 2 - SG 94/08, in force from 01.01.2009; prev. Para. 5, suppl. - SG 15/12) The employment contract with the employee shall be concluded by the body of the state power or by a deputy authorized by him, or by the Chief Secretary, or by the Permanent Secretary of Defence or by the Permanent Secretary of the Ministry of Interior.

 

(7) (new - SG 24/06; prev. text of para 3 – SG 94/08, in force from 01.01.2009; prev. text of para 6

 

-   SG 15/12) To the Heads of territorial units or territorial divisions, established by a normative act, powers in connection with the conclusion, amendment and termination of the employment relations with the employees in the units or divisions may be assigned.

 

(8) (Prev. par. 3 - SG 24/06; prev. text of para 4 – SG 94/08, in force from 01.01.2009; prev. text of para 7 - SG 15/12; amend. – SG 38/12, in force from 01.07.2012; amend. – SG 15/13, in force from 01.01.2014) Costs for basic salaries of employees under legal employment relation at the public administration and of civil servants under the Civil Servants Act, as well as the insurance installments due for them at the account of the insurer shall amount to no less than 70 % of the costs for salaries, remuneration and insurance installments under the budgets of the accounting officer.

 

(9) (New - SG 57/16) Employees working under employment contracts in the state administration, with their consent and against additional remuneration, may be ordered by the employer to be assigned additional obligations in connection with the execution and / or managing of:

 

1.  projects co-financed with funds from the European structural and investment funds, under which the respective administration is a beneficiary, under the conditions of Art. 49, Para. 3 of the Act on Management of Funding from the European Structural and Investment Funds;

 

2.   projects and programs funded by other international financial institutions and donors to which the respective administration is a beneficiary.

 

(10) (Prev. par. 4 - SG 24/06; prev. text of para 5 – SG 94/08, in force from 01.01.2009; prev. text


of para 8 - SG 15/12; amend. – SG 38/12, in force from 01.07.2012) The minimum and maximum amount of basic salaries by levels and degrees, the amount of additional labour remuneration of employees under Para. 14, items 1-5 working on employment relationship in the public administration, and the order of reveiving them, shall be determined with an Ordinance of the Council of Ministers.

 

(11)   (new – SG 38/12, in force from 01.07.2012) The individual amount of the basic salary of an employee shall be determined with regards to the level of the position held, the qualification and professional experience.

 

(12)   (new – SG 38/12, in force from 01.07.2012) The individual basic salary of the employee may

 

be increased:

 

1. on the grounds of the annual job performance assessment;

 

2. upon return from pregnancy and childbirth leave or leave for raising a child;

 

3. after expiration of a probationary period;

 

4. upon return from leave or business trip lasting more than a year, or in the event of reinstating a dosmissed employee;

 

5. upon reassignment on another position at a higher level of basic salary.

 

(13)    (new – SG 38/12, in force from 01.07.2012) Determination and increase of the individual amount of the basic salary of an employee shall be carried out according to the procedure laid down in the Ordinance under Para. 10.

 

(14)   (new – SG 38/12, in force from 01.07.2012) Additional remuneration for employees working on employment relationship in the public administration shall be the following:

 

1. additional remuneration for night shift work;

 

2. additional remuneration for overtime;

 

3. additional remuneration for work during official holidays;

 

4. additional remuneration for the time spent on call;

 

5. additional remuneration for results achieved;

 

6. (new - SG 57/16) additional remuneration for the implementation and / or management of projects or programs under Para. 9.

 

(15)   (new – SG 38/12, in force from 01.07.2012) The additional remuneration under Para.14, item 5 shall be determined for precise and timely performance of the assigned tasks and shall be paid up four times a year – in April, July and October during the current year and in January – for the preceding year, on the grounds of assessment made in the course of a procedure set out by the Ordinance under Para. 10. The amount of the additional remuneration under Para. 14, item 5, which may be received by the employee, shall not exceed 80 percent of the basic salaries calculated accrued to them during the respective year.

 

(16)   (new – SG 38/12, in force from 01.07.2012; amend. – SG 15/13, in force from 01.01.2014) The costs for additional remunerations under Para. 14, items 1-5 shall amount to not more than 30 percent of the costs for salaries, remunerations and obligatory insurance installments under the budgets of accounting officers.

 

(17)  (New - SG 57/16) The amount of the additional remuneration under Para. 14, item 6, as well as the terms and procedure for its receipt, shall be determined by a normative act of the Council of Ministers.

 

(18)    (new – SG 38/12, in force from 01.07.2012, previous Para. 16 - SG 57/16) Employees on employment relation at the public administration may not be granted additional remunerations on grounds other than the ones specified in this Code. Additional remunerations for the said employees may not be defined in other acts.

 

(19)   (new – SG 38/12, in force from 01.07.2012, previous Para. 17 - SG 57/16) The remuneration for paid annual leave and the compensations under this Code payable to employees on employment relation at the public administration shall be calculated on the basis of the individual basic monthly salary by the initial date of the leave or by the date of occurrence of the ground for the respective compensation.

 

(20)   (Prev. para. 5 - SG 24/06; prev. Para. 6 – SG 94/08, in force from 01.01.2009; prev. Para. 9 - SG 15/12; prev. Para 10, amend. – SG 38/12, in force from 01.07.2012, previous Para. 18 - SG 57/16) The


employees, working on employment relation in the public administration, shall be subject to job assessment annually under terms and following a procedure, determined by the Council of Ministers.

 

(21)   (prev. Para. 6 – SG 24/06; prev. Para. 7 - SG 94/08, in force from 01.01.2009; prev. Para. 10 - SG 15/12; prev. Para. 11 – SG 38/12, in force from 01.07.2012, previous Para. 19 - SG 57/16) When performing their employment duties, employees must follow the rules laid down in the Code Of Conduct Of The Employees In The State Administration.

 

 

 

Section VIII.

 

"A" Additional conditions for home workers and employees (new - SG 33/11)

 

 

Outwork

 

Art. 107b. (new - SG 33/11) (1) In an employment contract may be provided that the employment obligations in relation to manufacturing a product and/or providing a service shall be carried out at the home of the worker or employee or in other premises chosen by them outside the working place of the employer against remuneration by means of equipment, materials and other aid provided either by the employer or the worker/employee.

 

(2)   Workers and employees under Para. 1 shall be regarded as home workers and employees.

 

(3)   Employers shall keep records of each home worker or employee performing such work.

 

(4)      Employers shall provide the General Labour Inspectorate Executive Agency with the information under Para. 3 upon request thereof.

 

 

 

Outwork employment contract

 

Art. 107c. (new - SG 33/11) (1) An outwork employment contract shall be concluded under the terms and following the procedure set out in Section I "Employment Contract" of the present Chapter.

 

(2)   By the outwork employment contract under Para. 1 shall also be provided the following: 1. the location of the workplace;

 

2. the remuneration pursuant to the applied payment systems;

 

3. the procedures for awarding and reporting the outwork;

 

4. the manner of material supply and delivery of finished products;

 

5. the consumables for the workplace and the payment thereof;

 

6. other terms related to the specific requirements for outwork.

 

 

 

Employer’s Obligations in Relation to Providing Outwork Conditions

 

Art. 107d. (new - SG 33/11) Employers shall provide the following to home workers or employees:

 

1.  conditions  to  perform  the  outwork  as  specified  upon  occurrence  of  the  employment  legal

 

relation;

 

2.   payment and equal treatment same as the one for the workers and employees working in the;

 

3.   healthy and safe occupational conditions;

 

4.   qualification, re-qualification and training;

 

5.   social and health insurance under terms and following a procedure provided for in a law;

 

6.  opportunity for union association, participation in the general meeting of workers and employees at the undertaking, informing, consulting and joining a collective agreement at the undertaking;

 

7.   accommodation and catering, cultural services.


Home Workers’ Obligations

 

Art. 107e. (new - SG 33/11) When performing the outwork as agreed upon in the outwork contract, the worker or employee shall be obliged:

 

1.   to observe the rules for occupational health and safety;

 

2.   to provide access to the employer and the control bodies to the premises serving as workplace for

 

inspection;

 

3.   not to carry out actions or activities which would disturb the other owners and occupants to a greater extend, than the usual one according to the Condominium Ownership Management Act in those cases where the workplace is at a residential building or near such building.

 

 

 

Working Hours and Rest

 

Art. 107f. (new - SG 33/11) (1) Home workers and employees shall decide for themselves when to start and finfish their working hours, how to distribute the working time within the time limits set out by the law.

 

(2)   Home workers and employees shall also decide for themselves when to rest during workdays as well as their daily and weekly rest.

 

(3)    Open-ended working hours and overtime work shall not be allowed for home workers and

 

employees.

 

(4)   Home workers and employees shall notify in writing the employer of any of the circumstances mentioned in Para. 1 and 2 within 7 days from the conclusion of the employment contract.

 

 

 

Implementation of Other Provisions Regarding Outwork

 

Art. 107g. (new - SG 33/11) For any unsettled issues in the this Section shall be applied the general provisions of this Code.

 

 

 

 

Section VIII.

 

"b" Additional Conditions for Remote Work (New – SG 82/11)

 

 

Nature and Terms of Remote Work

 

Art. 107h. (New – SG 82/11) (1) Remote work is a form of organization of work away from the employer’s premises on employment relationship by using information technologies, provided that the said work was or could be performed at the employer’s premises.

 

(2)   Remote work shall be of voluntary nature.

 

(3)   The terms and procedures for remote work shall be agreed upon in a collective or individual employment contract. In the individual employment contract shall be defined in detail all terms, rights and obligations of the parties thereto in relation to remote work and the performance thereof.

 

(4)  Employers may offer workers or employees annexes to their individual employment contracts in order to switch from work carried out at the employer’s premises to remote work. If the worker or employee does not agree thereto, his/her decision shall not lead to unfavourable consequences for him/her.

 

(5)   The worker or employee may offer the employer to switch from work carried out at employer’s premises to remote work.

 

(6)   By way of collective or individual employment contract can be agreed the following:

 

1.   mixed work modes and the terms and procedures for the application thereof;

 

2.   opportunities and terms for switching from remote work to work at the employer’s premises.


(7)   The specific nature of the remote work, the terms and procedures for performance thereof shall be set out in the individual employment contract.

 

(8)    By the individual and/or collective employment contract, or by internal regulations of the employer, may be adopted rules setting forth:

 

1. the manner of assigning and reporting the remote work;

 

2. the contents, volume, results achieved and other features of the remote work which are of importance for accounting what has been done.

 

 

 

Workplace. Technical equipment and workplace maintenance

 

Art. 107i. (New – SG 82/11) (1) The worker or employee working remotely shall designate a specific area at their home or in another premises outside the undertaking to serve as a workplace.

 

(2)   Issues related to technical and other equipment of the workplace, obligations and costs related to the maintenance thereof, other conditions for supply, replacement and maintenance of equipment, as well as provisions for acquisition of separate equipment items by the worker or employee working remotely, shall be agreed upon in the individual employment agreement.

 

(3)   The employer shall provide at its own expense:

 

1.   the equipment needed for the remote work, as well as supplies for the operation thereof;

 

2.   programme (software) provision;

 

3.   technical support and maintenance;

 

4.     communication  devices  (employer    worker/employee  communication),  including  internet

 

connection;

 

5.   data protection;

 

6.   information and requirements for operation with the equipment and its maintenance, as well as information about the legal requirements and provisions, including internal regulations of the undertaking in the sphere of protection of data which is to be used in the course of remote work;

 

7.    monitoring system, if necessary for the workplace, and consent has been obtained from the worker or employee in writing thereto; in such cases, their right of privacy shall always be respected;

 

8.      other technical or documentary supplies according to the individual and/or collective employment contract.

 

(4) Workers or employees working remotely shall be liable for the proper storage and use of the equipment they are provided with. In case the equipment is damaged or the information and/or communication systems used collapse, they shall be obliged to inform the employer immediately in the manner agreed upon in advance.

 

(5) In the individual employment contract may be agreed upon that the worker or employee is to use his/her own equipment, together with all rights and obligations ensuing therefrom.

 

(6) In the individual and/or collective employment contract provisions shall be agreed upon for prevention of misuse of the equipment, internet and communication means provided to the worker or employee working remotely. Outside their immediate duties, workers or employees shall be allowed to use the abovementioned items in a reasonable manner and in good faith.

 

(7) The employer shall provide in advance the worker or employee with written information regarding the liability and the sanctions in case the latter fails to observe the established rules and requirements, including protection of business information, which is an integral part of the individual employment contract.

 

 

 

Organization of Remote Work and Health and Safety Conditions

 

Art. 107j. (New – SG 82/11) (1) Workers or employees working remotely shall enjoy the same


rights as the ones working at employer’s premises in respect to organization of work and health and safety conditions provided in the Bulgarian legislation and in the collective employment contracts in effect at the undertaking.

 

(2)   The employer shall, by the date of occurrence or amendment of the employment legal relation, ensure that remote workplaces meet the minimum health and safety requirements as defined in the Healthy and Safe Working Conditions Act and in the regulations implementing the said Act.

 

(3)    The employer shall be responsible for the health and safety working conditions at remote workplaces and has to remote notify remote workers and employees of the organization of work requirements and of the health and safety measures at work as determined in the statutory instruments, the collective employment contracts applicable, the internal regulations of the undertaking, the policy on health and safety at work of the undertaking and of all requirements and rules in respect to organization of work and work with display screen equipment.

 

(4)    Workers or employees carrying out remote work shall be liable for compliance with the company’s policy on organization of work and health and safety at work, as well as for observing the regulations and rules related to health and safety working conditions.

 

(5)     The monitoring of the proper implementation and compliance with the requirements and standards for health and safety at work shall be carried out in the following manner:

 

1. workers and employees working remotely shall be entitled to request themselves a visit at their workplace by filing an application at the respective Labour Inspection Directorate;

 

2. the employer and/or their authorized representative, representatives of trade union organizations, representatives of the workers and employees under Art. 7, Para. 2 and the supervisory bodies of the Labour Inspection shall have access to the remote workplace as agreed upon in the individual and/or collective employment contract, advance notification to the worker or employee working remotely and the consent of the latter being required.

 

(6)   Workers or employees working remotely may not refuse access to their workplace without a valid ground thereof within the fixed working hours and/or according to the provisions agreed upon in the individual and/or collective employment agreement.

 

 

 

Working Time. Holidays and leave. Reporting working hours

 

Art. 107k. (New – SG 82/11) (1) The working time of workers and employees working remotely

 

shall:

 

1.  be established in the individual employment contract in compliance with this Code, the collective employment contract and the of internal employment rules at the enterprise;

 

2.   be defined in compliance with the inter-week and weekly rest set forth in this Code;

 

3.   correspond in terms of duration to the working hours of workers and employees working at employers’ premises.

 

(2) The individual employment contract may explicitly exclude the option for:

 

1.   overtime;

 

2.   night work;

 

3.   working on national holidays.

 

(3) Under the terms of para 1 and para 2 workers and employees working remotely shall be free to arrange the organisation of their working time so as to be at disposal and to work when the employer and its business partners are communicating.

 

(4) Workload standards as regards to workers or employees working remotely shall be the same as the ones for workers and employees working at employers’ premises.

 

(5) The actual time served shall be monthly reported in a form approved by the employer. The worker or employee working remotely shall be liable for the data accuracy.

 

(6) Workers and employees working remotely shall:


1.   be free to determine breaks in their working hours in compliance with the provisions of this Code, the Healthy and Safe Working Conditions Act and the acts of secondary legislation related to the implementation thereof, and with the arrangements in the individual and/or collective employment contract;

 

2.   use leave by types, procedures and in extent in compliance with the provisions of the Labour Code, the acts of secondary legislation and the arrangements in the individual and/or collective employment contract.

 

 

 

Remuneration

 

Art. 107l. (New – SG 82/11) (1) The amount of the remuneration shall be defined in the individual employment agreement pursuant to the provisions of the employment legislation and in compliance with the collective employment agreement and the internal regulations of the enterprise in respect of remuneration.

 

(2)  Workers and employees working remotely shall be entitled to all extra remuneration provided in the legislation in force, in the internal regulations of the enterprise in respect of remuneration, and in the individual and/or collective employment agreement.

 

(3)   Workers and employees working remotely shall use the social program of the enterprise on a common ground.

 

 

 

Collective rights of workers and employees working remotely. Integration with workers and employees working at the employers’ premises

 

Art. 107m. (New – SG 82/11) (1) A worker or employee working remotely shall enjoy equal employment and trade union rights as workers and employees working at the employer’s premises.

 

(2)    Workers and employees working remotel, may form a separate group to elect an individual information and consultation representative under Art. 7a, provided that their total number exceeds 20 workers.

 

(3)   Workers and employees working remotely shall be entitled to take part in the organization and social life of the trade union organization at the enterprise in which they are members.

 

(4)   The employer shall provide opportunities for:

 

1.  prevention of isolation of workers and employees working remotely from the rest of the workers and employees working at the employer’s premises, by:

 

a) creating opportunities for holding periodical workshops or social meetings at premises/offices of the employer;

 

b) creating a company virtual space – a chat, forum or other means providing opportunity for free communication for workers and employees working remotely and workers and employees working at the employer’s premises

 

2.   access to company and professional information of the enterprise in relation to remote work;

 

3.   participation of workers and employees working remotely in the organization and social life of the trade union organization at the enterprise in which they are members.

 

(5) The conditions under which are provided the opportunities referred to in Para. 1 through 4 shall be agreed upon in the individual and/or collective employment contract or shall be set forth in the internal employment rules at the enterprise.

 

 

 

Qualification, re-training, training

 

Art. 107n. (New – SG 82/11) (1) Workers or employees working remotely shall have the same possibilities for training and career development as the ones for workers and employees working at employers’ premises, and are to be subject to the same evaluation policy.


(2)   Workers or employees working remotely shall be entitled to appropriate training consistent with the technical equipment they have been provided with and with the features of the form of work organization.

 

(3)    Where necessary, the manager of the workers and employees working remotely and other officials shall be entitled to training for this form of work and the management thereof.

 

 

 

Implementation of other provisions regarding remote work

 

Art. 107o. (New – SG 82/11) Outstanding issues in this Section shall be regulated by the general provisions of this Code.

 

 

 

 

Section VIII.

 

"c" Additional terms for working through a temporary work agency (new – SG 7/12, in force from

 

05.12.2011)

 

 

Employment contract with a temporary work agency

 

Art. 107p. (new – SG 7/12, in force from 05.12.2011) (1) In the employment contract with a temporary work company shall be agreed that a worker or employee is to be sent to perform temporary work at a user enterprise under its guidance and control.

 

(2)    The total number of workers and employees sent by a temporary work agency to a user enterprise may not exceed 30 % of the total number of workers and employees who work there.

 

(3)   Employment contract under Para.1 for sending to work may not be concluded:

 

1.   under the terms of first and second category of labour;

 

2.   at enterprises related to national security and the defence of the country;

 

3.   at enterprises where strike is conducted.

 

(4)    Employment contracts under Para. 1 shall be concluded under the terms and following the procedure set out in Section I of the present Chapter, as follows:

 

1. till completing a specific job;

 

2. to replace an employee or worker who is absent from work.

 

(5)   An employment contract under Para. 1 may not contain clauses prohibiting or leading to failure of occurrence of employment relationship between a user enterprise and a worker or employee during or after the expiry of time for which he/she was sent to work in a user enterprise.

 

(6)   Temporary work agencies shall not be entitled to require payment of any fee from workers or employees for the provided assistance to start work at a user enterprise, as well as upon concluding an employment contract or upon creating an employment relationship with a user enterprise prior to, after or in the course of performance of the work with regards to which they have been sent there.

 

(7)   Temporary work agencies shall carry out their activity following a registration at the National Employment Agency under terms and following a procedure set out in the Employment Promotion Act.

 

 

 

Obligations of temporary work agencies

 

Art. 107q. (new – SG 7/12, in force from 05.12.2011) (1) Temporary work agencies shall send notifications to the respective territorial directorate of the National Revenue Agency pursuant to Art. 62, Para. 3.

 

(2)   The sending referred to in Art. 107p, Para. 1 shall be carried out by a written statement of the temporary work agency, after the worker or employee or worker has been provided with a copy of the


employment contract and a copy of the notification under Art. 62, Para. 3, verified by the territorial directorate of the National Revenue Agency. In the statement shall be indicated the date of appearance at the user enterprise, exact address of the user enterprise, place of work, workplace, name of the position, and the nature of the work at the user enterprise, as well as the official of the user enterprise before whom the worker or employee has to appear, the type of the initial training to be held at the user enterprise. The statement shall be delivered to the worker or employee against signature not later than one working day prior to the date fixed for starting work at the user enterprise, provided that the delivery date is indicated therein.

 

(3)   The worker or employee shall be entitled to refuse in writing to work in a user enterprise, if the job offered does not correspond to their professional qualification and health status, or is located in another settlement, provided that he/she notifies the temporary work agency thereof by the time the statement referred to in Para. 2 is delivered. In this case, it shall be deemed that the employment relationship has never occurred.

 

(4)  A temporary work agency shall not be entitled to send a worker or employee to a user enterprise where strike is being conducted, regardless of the concluded agreements under Art. 107p and 107s.

 

(5)   A temporary work agency shall be obliged:

 

1.   to enter and calculate the remuneration of workers or employees in a payroll;

 

2.   to pay workers or employees their remuneration due;

 

3.   to issue an extract from the documents for paid or unpaid remuneration and compensation upon written request by the worker or employee;

 

4.   to insure the workers and employees under terms and following a procedure set out in the Code of Social Insurance and in the Health Insurance Act;.

 

5.   upon written request by the worker or employee, to issue and provide workers and employees with the required papers certifying facts related to the occurrence, implementation and termination of the employment relationship within 14 days from submission of the request;

 

6.    upon termination of the employment relationship, to issue an order for dismissal or another document certifying termination of the employment relationship;

 

(6) A temporary work agency shall notify in writing the user enterprise of the names of workers and employees to be sent there, not later than one working day prior to commencement of work.

 

 

 

Obligations of the user enterprise

 

Art. 107r. (new – SG 7/12, in force from 05.12.2011) (1) During performance of the work, for which the worker or employee is sent, the user enterprise shall:

 

1.   specify the workplace where the work is to be performed:

 

2.  deliver the job description to the worker or employee against signature and must specify the date of delivery therein;

 

3.   instruct workers or employees on safe and healthy work performance;

 

4.  calculate the time spent working and shall inform the temporary work agency and the worker or employee, against signature, thereof;

 

5.     to determine the amount of the primary and supplementary remuneration due, including remuneration for overtime and night work and shall inform the temporary work agency and the worker or employee, against signature, thereof;

 

6.  upon written request by the worker or employee, issue and provide workers and employees with the required papers certifying facts related to the occurrence, implementation and termination of the employment relationship within 14 days from submission of the request;

 

7.   inform the temporary work agency of the terms under which the rest of workers and employees operate on the same or similar position, as well as upon any change in the said terms;

 

8.   provide workers or employees with information on the requirements under the Healthy and Safe


Working Conditions Act and the statutory instruments related to its implementation;

 

9.  insure workers or employees at its own expense under the terms and following the procedure of Art. 52 of the Healthy and Safe Working Conditions Act;

 

10.  provide in a timely manner and in a suitable place at the enterprise a written announcement on job vacancies and positions in order to facilitate the access of workers and employees to permanent jobs;

 

11.   undertake measures to facilitate the access of workers and employees or training in order to ease their opportunities for career growth and professional mobility;

 

12.    conduct initial and continuous training of workers and employees in accordance with the position held and the nature of work at the user enterprise.

 

(2) Upon performance of the job, for which a worker or employee has been sent at a user enterprise, the latter shall provide the same basic conditions of work and employment and equal treatment as to the rest of workers and employees employed there who hold the same or similar position, including health and safety working conditions.

 

(3) The user enterprise shall not have the right to change the position and the nature of work for which the worker or employee has been sent there.

 

(4) Where a worker or employee sent at a user enterprise commits disciplinary offence, the user enterprise shall immediately inform the temporary work agency thereof and shall record the time, place and the relevant circumstances whereunder it has been committed.

 

(5) The user enterprise may make a reasoned proposal to the temporary work agency for imposing disciplinary sanction to the worker or employee sent there, as well as for sending another one in his/her place.

 

 

 

Relations between enterprises

 

Art. 107s. (new – SG 7/12, in force from 05.12.2011) (1) The relations between the temporary work agency and the user enterprise shall be settled by a written contract.

 

(2) The contract under Para. 1 shall define:

 

1.   job titles and nature of work, for which the workers or employees are sent;

 

2.   the time period during which workers or employees will be sent to the user enterprise;

 

3.   the obligations of workers and employees towards the temporary work agency;

 

4.   procedures for use of leaves;

 

5.   the obligations of workers and employees to the user enterprise;

 

6.  the information exchange procedure between the temporary work agency and the user enterprise regarding the structure and the organization of salaries, the various types of supplementary remunerations and the amounts thereof at the enterprise, as well as regarding the concluded collective agreement, if any;

 

7.   the procedure and time limits within which the user enterprise shall notify the temporary work agency of the working hours recorded and the fixed amount of the primary and supplementary remunerations due, including the ones for overtime and night work performed by the worker or employee;

 

8.   type of initial training required for the performance of temporary work;

 

9.   liability for failure to perform;

 

10.   other terms related to temporary work.

 

(3)    The temporary work agency and the user enterprise shall be jointly responsible for their obligations to workers or employees that have occurred during, on occasion of or in relation to performance of the work assigned to them.

 

(4)   The application of Para. 1 through 3 does not deprive workers or employees of the protection provided by the employment contract they concluded with the temporary work agency.

 

(5)   User enterprise that has carried out mass dismissal may conclude a contract under Para, 1 not earlier than 6 months following the dismissal.


Obligations of workers or employees

 

Art. 107t. (new – SG 7/12, in force from 05.12.2011) (1) Workers or employees shall perform the duties ensuing from the employment contract under Art. 107p to the temporary work agency, which are not related to the immediate fulfillment of their assignment at the user enterprise.

 

(2)   Workers or employees shall perform the duties ensuing from the fulfillment of their assignment to the user enterprise.

 

 

 

Rights of workers or employees

 

Art. 107u. (new – SG 7/12, in force from 05.12.2011) A worker or employee sent to work at a user enterprise shall, for the time of the assignment, be entitled to the following:

 

1.   labour remuneration;

 

2.   leaves laid down in this Code;

 

3.   trade union associations;

 

4.   participation in the general meetings of workers and employees at the enterprise;

 

5.   information on all issues related to the assignment;

 

6.   join a collective employment agreement;

 

7.   settlement of collective labour disputes;

 

8.   social and personal as well as cultural services;

 

9.   healthy and safe working conditions;

 

10.   initial and continuous training in accordance with the position and the nature of work in the user

 

enterprise;

 

11.   compensations under the terms and following the procedures in the Code of Social Insurance;

 

12.   other rights directly related to performance of the assignment.

 

(2)   Workers and employees referred to in Para. 1 may not be put in a less favourable position than the rest of the workers and employees holding the same or similar position at the user enterprise only due to the temporary nature of their work, unless the law stipulates that some rights depend on the qualifications or skills acquired. In the event that there are no workers or employees holding the same or similar position, the workers and employees sent to perform temporary work at a user enterprise shall not be put in a less favourable position than the rest of the workers and employees employed there.

 

 

 

Start and termination of the assignment

 

Art. 107v. (new – SG 7/12, in force from 05.12.2011) (1) Workers or employees shall start to fulfil their duties to the user enterprise upon recruitment.

 

(2)   ) Workers or employees shall discontinue to fulfil their duties at the user enterprise: 1. upon completion of the assignment;

 

2. if the person who has been replaced gets back to work;

 

3. upon termination of the employment contract between the worker or employee and the temporary

 

work agency pursuant to this Code;

 

4. upon termination of the registration of the temporary work agency.

 

 

 

Application of other provisions concerning assignment via a temporary work agency

 

Art. 107w. (new – SG 7/12, in force from 05.12.2011) The general provisions of this Code shall apply to all outstanding issues in this Section.


Section IX.

 

ADDITIONAL WORK UNDER AN EMPLOYMENT CONTRACT

 

 

Art. 108. (Revoked SG, No 100/1992)

 

 

 

Art. 109. (Revoked SG, No 100/1992)

 

 

 

Additional Work for the Same Employer

 

Art. 110. (amend. - SG, No 100/1992) The employee or worker may conclude an employment contract with the employer, for whom he is already working, for the performance of work beyond the scope of his job description, outside his specified working hours.

 

 

 

Additional Work for Another Employer

 

Art. 111. (amend. - SG, No 100/1992; amend., SG 25/2001, in force from 31.03.2001) The worker or employee may also conclude employment contracts with other employers for a job outside his working hours under his primary employment relationship (outside additional work), unless otherwise stipulated by his individual employment contract under his primary employment relationship.

 

 

 

Prohibition on Additional Work

 

Art. 112. (amend. - SG, No 100/1992; amend. - SG 48/06, in force from 01.07.2006) Additional work shall be prohibited to employees or workers who:

 

1.  work in specific conditions and hazards for their life and health may not be removed or reduced, regardless of the measures undertaken – for work under the same or other specific conditions;

 

2.   are specified by a law or an act of the Council of Ministers.

 

 

 

Working Hours Under an Employment Contract for Additional Work

 

Art. 113. (amend. – SG 52/04, in force from 1st of August 2004; amend. - SG 48/06, in force from 01.07.2006) (1) The maximum duration of the working hours under an employment contract for additional work, together with the duration of the working hours under the primary employment relationship at five days calculation, may not be more than:

 

1.   40 hours per week - regarding the workers and employees not having reached 18 years of age;

 

2.   48 hours per week - regarding the other workers and employees.

 

(2)   Upon their explicit consent in writing, the workers and employees under Para. 1, item 2 may work for more than 48 hours.

 

(3)   The worker or employee under Art. 110 and 111 shall give his written consent to work for more than 48 hours per week to the employer, with whom he works. In case the worker or employee does not give consent, he may not be obliged to work for more than 48 hours per week, whereby his refusal cannot lead to occurrence of harmful consequences for him.

 

(4)   The written consent of the worker or employee under Art. 111 to work for more than 48 hours per week shall be handed over to the employer – party to the employment contract for additional work.

 

(5)    In the cases under Para. 3 and 4, the duration of the working hours shall be calculated for a


period not longer than 4 months.

 

(6)    In all cases of additional work, the total duration of the working hours may not breach the uninterrupted minimum inter-day and inter-week rest, established by this code.

 

(7)   The employers shall keep documentation for every worker or employee who works more than 48 hours per week. The documentation shall be kept at disposal for the Executive Agency "Chief labour inspectorate", which may, for reasons, connected to the safety and/or the health of the workers and employees, prohibit or restrict the possibility of excess of the weekly duration of the working hours.

 

(8)   Upon request, the employers shall provide the Executive Agency "Chief labour inspectorate" with information about the cases, in which the workers and employees have given their consent to work for more than 48 hours per week.

 

 

 

Employment contract for fixed number of workdays per month (title amend. – SG 15/10)

 

Art. 114. (new, SG 25/2001; amend. – SG 108/08, amend. and suppl. - SG 15/10) An employment contract can also be concluded for fixed number of workdays per month, provided that these days are to be considered as length of service.

 

 

 

Employment Contract for Short-term Seasonal Agricultural Work

 

Art. 114a (new – SG, 54/2015, in force from 17.7.2015) (1) Employment contract for short term seasonal farm work may be signed between a worker and a registered farmer for work for 1 day, which time is not be recognized as length of service.

 

(2)   With one worker may be signed employment contracts in total for not more than 90 days in one calendar year.

 

(3)   The employment contract under Para. 1 may be signed for professions, not requesting special qualification in basic economic activity “plant growing” – only for processing of plants and collecting the harvest of fruits, vegetables, roses and lavender.

 

(4)   (amend. SG 42/18) The employment contract under Para. 1 shall contain data for the parties, place of work, name of the position, amount of employment remuneration, date of fulfillment of the work, working time, start and end of the working day. The normal working time is 8 hours, and the parties to the employment contract can negotiate work for half of it.

 

(5)  The employment remuneration shall be paid personally to the worker against a receipt at the end of the working day.

 

(6)   With signing and termination of the employment contract under Para. 1, Art. 62, Para. 3 and 4, Art. 127, Para. 1, item 4 and Art. 128a, Para. 3 shall not apply.

 

(7)    The terms and procedure for provision, registration and accounting of employment contracts before the labour inspection shall be defined by an ordinance of the Minister of Labour and Social Policy, in coordination with the manager of the National Social Security Institute and with the executive director of the National Revenue Agency. The ordinance shall also confirm a standard employment contract under Para. 1.

 

(8)     The workers who work under Para. 1 shall be insured under conditions and procedure, established by the Code of Social Insurance and by the Health Insurance Act.

 

 

 

Content

 

Art. 115. (amend. - SG, No 100/1992) In addition to the provisions of Art. 66, Para. 1, the employment contracts under this Section shall also specify the duration and allocation of the working hours, and they may specify the periodicity of paying the labour remuneration as well.


Art. 116. (Revoked SG, No 100/1992)

 

 

 

Social Security

 

Art. 117. (amend. - SG, No 100/1992) Employees and workers who perform additional work shall be entitled to social security under terms and procedures established by a separate law.

 

 

 

 

Section X.

 

CHANGES IN THE EMPLOYMENT RELATIONSHIP

 

 

Prohibition on Unilateral Changing of the Employment Relationship

 

Art. 118. (1) (amend. - SG, No 100/1992) Neither the employer nor the employee or worker may change unilaterally the content of the employment relationship, with the exception of the cases and under the procedure established by law.

 

(2)   (amend. - SG, No 100/1992) The moving of the employee or worker to another work place in the same enterprise without changing the specified place of work, the job, and the amount of the wage or salary of the employee, shall not be considered a change of the employment relationship.

 

(3)    (new, SG 25/2001) The employer can unilaterally increase the labour remuneration of the worker or employee.

 

 

 

Changing the Employment Relationship by Mutual Consent

 

Art. 119. The employment relationship may be changed by written agreement between the parties for a definite or an indefinite period.

 

 

 

Changing the Place and the Nature of Work by the Employer

 

Art. 120. (1) (amend. - SG, No 100/1992) The employer may, in case of production necessity or idle time, assign to the employee, without his consent, to temporarily perform different work in the same, or in another enterprise, but in the same community or locality, for a period of up to 45 calendar days in one calendar year, and in the event of idle time - as long as such idle time continues.

 

(2)    (amend. - SG, No 100/1992) The change under the preceding paragraph shall be done in accordance with the qualifications and the health condition of the employee.

 

(3)    (amend. - SG, No 100/1992) The employer may assign to the employee or worker a job of different nature, even though it does not correspond to his qualifications, in case it is necessitated by insurmountable reasons.

 

 

 

Holding position in a European Union institution

 

Art. 120а. (New - SG 43/08) (1) Workers and employees can be sent to hold positions in a European Union institution for a period of 4 years.

 

(2)    (amend. – SG 15/10) While holding positions at a European Union institution, workers or employees shall retain their employment relationship and shall go on receiving their basic remuneration.

 

(3)   When fulfilling their obligations, workers or employees shall only be guided by the interests of the institution they have been sent to, and shall not act on behalf of the employer.


(4)   After the term for holding a position in a European Union institution expires and in the cases of early termination, workers or employees shall resume their previous positions within 15 days, and if it has been cut down – another equivalent position.

 

(5)    The terms and procedure for sending workers and employees to hold positions in European Union institutions shall be set out by an ordinance of the Council of Ministers.

 

 

 

Sending Employees on Business Trips

 

Art. 121. (1) (amend. - SG, No 100/1992) In case the needs of the enterprise require it, the employer may send the employee on a business trip to perform his employment obligations outside his permanent place of work, but for not more than 30 calendar days at a stretch.

 

(2)   (amend. - SG, No 100/1992) A business trip for a period longer than 30 calendar days shall require the employee's consent in writing.

 

(3)   (new – SG 15/10, repealed – SG, 105/16, in force from 30.12.2016).

 

(4)   (new – SG 7/12, repealed – SG, 105/16, in force from 30.12.2016).

 

(5)   (new – SG 82/11; prev. text of para 4, suppl. – SG 7/12, repealed – SG, 105/16, in force from 30.12.2016).

 

 

 

Sending to business trips workers and employees in the frame of provision of services

 

Art. 121a. (New – SG, 105/16, in force from 30.12.2016) (1) Sending workers or employees to business trips in the framework of the provision of services shall occur when:

 

1.  a Bulgarian employer sends to business trip a worker or employee on the territory of another EU Member State, state – party to the EEA Agreement or Confederation Switzerland:

 

a) at his expense and under his management nased on a contract, signed between the employer and the user of the services;

 

b) to an undertaking in the same group of undertakings;

 

2.   an employer, registered under the legislation of another EU Member State, state – party to the EEA Agreement, of Confederation Switzerland or of third country sends a worker or employee on a business trip on the territory of the Republic of Bulgaria:

 

a) at his expense and his management on the basis of a contract, signed between the employer and the user of services;

 

b) undertaking of the same group undertakings.

 

(2) Sending workers or employees in the framework of provision of services shall be present,

 

where:

 

1.  an undertaking registered under the Bulgarian legislation, which provides temporary work, sends a worker or employee to an undertaking – user on the territory of another EU Member State, state – party to the EEA Agreement or Confederation Switzerland;

 

2.   an undertaking, which provides temporary work, registered under the legislation of another EU Member State, state – party to the EEA Agreement or Confederation Switzerland, or of a third country, sends a worker or employee to work in an undertaking – user on the territory of the Republic of Bulgaria.

 

(3) A worker or employee may be seconded or sent on a business trip under the conditions of Para. 1 and 2, where for the whole period of the business trip there is a labour legal relation between him and the sending employer.

 

(4) In the cases under Para. 1, p. 1 and Para. 2, p. 1 for the term of the business trip, the worker or employee shall be provided with at least the same minimal conditions of work, as for the workers and employees, fulfilling the same or similar work in the hosting state.

 

(5) In the cases under Para. 1, p. 2 and Para. 2, p. 2, for the term of the business trip of the worker


or employee shall be provided at least the same minimal conditions of work, as those, established for the workers and employees, fulfilling the same of similar work in the Republic of Bulgaria.

 

(6)   Where, in compliance with the requirements of Para. 5, the employer under Para. 1, p. 2 and the undertaking which provides temporary work under Para. 2, p. 2, fails to provide basic labour remuneration in the amount of at least the minimal work salary established for the country, and/or at least the minimal amount of the additional labour remunerations for additional and night labour, the worker or employee shall have the right to:

 

1. the non-paid labour remunerations, which are due while observing the conditions of Para. 5;

 

2. compensations or other receivables, related to the labour legal relation, due under the law;

 

3.      recovery of unlawfully withheld taxes from the labour remuneration and/or security contributions;

 

4.   recovery of extensively high costs to the labour remuneration or the quality of accommodation, withheld from the labour remuneration of the worker of employee for accommodation, provided by the employer.

 

(7) A worker or employee, who has claimed because of non-observance of the minimal conditions of work under Para. 4 or 5, shall not be treated unfavourably by the employer on this ground.

 

(8) The conditions and procedure for sending on a business trip under Para. 1 and 2 shall be provided by an Ordinance of the Council of Ministers.

 

 

 

Art. 122. (Revoked, SG, No 100/1992)

 

 

 

Retention of the Employment Relationship in Case of Change of Employer

 

Art. 123. (1) (amend. - SG, No 100/1992; amend,. SG 25/2001; amend. - SG 48/06, in force from 01.07.2006) (1) The employment relationship with the worker or employee shall not be terminated in case of changing the employer as a result of:

 

1.   merging enterprises;

 

2.   incorporation of one enterprise by another;

 

3.   distribution of the activity of one enterprise among two or more enterprises;

 

4.   passing of a separate unit of one enterprise to another;

 

5.   change of the legal-organizational form of the enterprise;

 

6.   change of the owner of the enterprise or of a separate part thereof;

 

7.   remission or transfer of activity from one the enterprise to another, including transfer of material

 

assets.

 

(2)   In the cases under Para.1, the rights and the obligations of the employer transferor before the change, which ensue from the employment relationships by the date of the change, shall be transferred to the new employer transferee.

 

(3)     The rights, ensuing from the additional voluntary pension insurance of the workers and employees with the employer transferor, who have been in employment relationships with him by the date of the change under Para. 1, as well as the rights of the persons who, by the date of the change, were no longer workers and employees, shall be regulated by a separate law.

 

(4)   Responsible for the obligations towards the worker or employee, having occurred before the change under Para. 1, shall be:

 

1. in case of merger or incorporation of enterprises, and change of legal and organizational form - the new employer;

 

2. in the remaining cases - the employer transferor and the employer transferee jointly.

 

(5)    (new – SG 104/07) Paras 1 through 4 shall apply in case of establishment of a European


company and European cooperative company by way of merger, as well as in case of merger or consolidation pursuant to section V of Chapter sixteen of the Commerce Act.

 

 

 

Retention of the Employment Relationship in case of Renting Out the Enterprise, or a Separate Part Thereof, Leasing or Granting Concession (Title amend. – SG 96/17, in force from 02.01.2018)

 

Art. 123a. (new - SG 48/06, in force from 01.07.2006) (1) (Amend. – SG 96/17, in force from 02.01.2018) The employment relationship with the worker or employee shall not be terminated at change of the employer in case of renting out, leasing or granting concession of the enterprise, or a separate part thereof. The employment relationship with the worker or the employee shall also not be terminated when granting concession, whose subject includes activities related to the nature of the work - the subject of the employment contract, or the site, where the work premises are located, is included in the site of the concession.

 

(2)   In the cases under Para. 1, the rights and the obligations of the previous employer, ensuing from employment relationships, existing by the date of the change, shall be transferred to the new employer.

 

(3)   Responsible for the obligations to the worker or employee, having occurred before the change under Para. 1, shall be the two employers jointly.

 

(4)   (Amend. – SG 96/17, in force from 02.01.2018) After the expiration of the term of the contract for renting, leasing or of the concession contract, the employment relationships with the workers and employees shall not be terminated, they shall be transferred to their previous employer.

 

 

 

Chapter six.

 

MAJOR OBLIGATIONS OF THE PARTIES TO THE EMPLOYMENT RELATIONSHIP (amend. -

 

SG, No 100/1992)

 

 

Section I.

 

Major obligations at the provision of labour force (new - SG 48/06, in force from 01.07.2006)

 

 

Content of the Employment Relationship

 

Art. 124. (amend. - SG, No 100/1992) Under the employment relationship, the employee shall perform the work he has agreed to do and shall observe the established labour discipline, and the employer shall provide conditions to the employee so that he can perform his work, and shall pay him remuneration for the work done.

 

 

 

Obligation of Conscientiousness

 

Art. 125. (amend. - SG, No 100/1992) The employee shall perform his duties accurately and conscientiously.

 

 

 

Obligations in the Performance of the Work Assigned

 

Art. 126. (amend. - SG, No 100/1992) In doing the work he has agreed to perform, the employee

 

shall:

 

1. come to work on time, and be at his working place up until the end of the working hours;


2.   come to work in a condition enabling him to perform the tasks assigned to him, and shall not consume alcohol or other intoxicating substances during working hours;

 

3.   utilise the entire working hours for the performance of the work assigned;

 

4.   do his job in the required quantity and quality;

 

5.   observe the technical and technological rules;

 

6.   observe the rules for healthy and safe working conditions;

 

7.   carry out the lawful instructions of the employer;

 

8.  take attentive care of the property which is entrusted to him or with which he comes in touch in the course of performing the work assigned, as well as economise in the prime and raw materials, energy, cash funds, and other means provided to him to perform of his duties;

 

9.   (amend., SG 25/2001) be loyal to the employer by not betraying the employer's trust, as well as not divulge confidential data on the employer, as well as keep the good name of the enterprise;

 

10.  observe the internal rules existing in the enterprise, and not obstruct the other employees in the performance of their duties;

 

11.   coordinate his work with the other employees, and render them assistance in conformity with the employer's instructions;

 

12.   (new – SG 95/03) notify the employer about existing incompatibility with the performed work when, during its implementation, any of the grounds for inadmissibility under Art. 107a, Para. 1 has occured;

 

13.   (prev. 12 – SG 95/03) performe any other duties deriving from a normative act, a collective contract, the employment contract, and the nature of the work.

 

 

 

Obligations of the Employer to Provide Working Conditions

 

Art. 127. (amend. - SG, No 100/1992) (1) (prev. art. 127 - SG 25/2001) The employer shall provide to the employee or worker normal conditions to perform the job under the employment relationship he has agreed upon, providing namely:

 

1.   the work specified upon creation of the employment relationship;

 

2.   working place and conditions in accordance with the nature of work;

 

3.   healthy and safe working conditions;

 

4.  (new, SG 25/2001; amend., SG 52/04, In force from 1st of August 2004; suppl. – SG 108/08) job description, copy of which shall be handed to the worker or employee at the time of conclusion of the employment contract against signature, noting the date of delivery;

 

5.   (prev. item 4 - amend., SG 25/2001) instructions on the order and the way of fulfilment of the labour obligations and exercising of the labour rights, including introduction to the rules for the internal work order and to the rules on healthy and safe working conditions.

 

(2) (new, SG 25/2001) The employer shall be obliged to observe the dignity of the worker or employee during the fulfilment of the job under the legal terms of employment.

 

(3) (new - SG 48/06, in force from 01.07.2006; revoked – SG 108/08)

 

(4) (new - SG 48/06, in force from 01.07.2006, amend. – SG, 105/16, in force from 30.12.2016) In case the employer sends a worker or employee abroad on a business trip for more than a month, prior to the departure the employer shall be obliged to inform him in writing of:

 

1.   the duration of the work;

 

2.   the currency, in which the remuneration is to be paid;

 

3.  (amend. – SG 105/16, in force from 30.12.2016) the additional labour remunerations, which shall be paid in kind or money, connected to the sending to business trip abroad, if such are provided for;

 

4.   the terms for returning in the country.

 

(5) (new – SG 7/12) In those cases where a worker or employee is sent to work abroad by a temporary work agency, the latter shall inform him/her in writing of:


1.   the duration of work;

 

2.   the currency in which remuneration will be paid;

 

3.  supplementary remunerations to be paid in cash or in kind in relation to a sending abroad, if such have been envisaged;

 

4.   the conditions for return to the country.

 

 

 

Obligation of the Employer to Charge and Pay the Labour Remuneration (amend., SG 52/04)

 

Art. 128. (amend. - SG, No 100/1992; amend., SG 52/04, In force from 1st of August 2004) The employer shall be obliged, within the specified periods:

 

1.   to charge in payrolls for salaries the labour remuneration of the workers and employees for the work done by them;

 

2.   to pay the specified labour remuneration for the work done;

 

3.  to issue upon request by the worker or employee an abstract from the pay-rolls for salaries for the paid and unpaid labour remuneration and indemnification.

 

 

 

Employer’s duty to issue documents

 

Art. 128a. (new – SG 108/08) In case of a request in writing by the employee, the employer shall be obliged to issue and provide the necessary documents, certifying facts related to the employment relationship, within 14 days of the request.

 

(2)   In case of a request in writing by the employee, the employer shall be obliged, within the term referred to in Para 1, to provide an unbiased and fair characteristic regarding his professional qualities and the results of his labour activity, or an unbiased and fair recommendation, where applying for job before another employer.

 

(3)   In case of termination of the employment relationship, the employer shall be obliged to issue an order for discharge or another document to certify its termination.

 

 

 

Obligation of the Employer to Keep Employment File of the Worker or Employee

 

Art. 128b. (new – SG, 54/2015, in force from 17.7.2015) (1) The employer shall be obliged to keep employment file of every worker or employee.

 

(2)   The employment file of the worker or employee shall be established after assuming the position and in it are to be kept the documents related to occurrence, existence, amendment and termination of the employment legal relation.

 

(3)   (New – SG, 105/16, in force from 01.01.2017) Part of the documents under Para. 2 may be drawn up and stored as electronic documents. The type and requirements for their drawing up and storing shall be provided by a Council of Ministers act.

 

(4)   (former Para. 3 – SG, 105/16, in force from 01.01.2017) The worker or employee shall have the right to receive certified copies of the kept documents under Art. 128a.

 

 

Obligation of the Employer to Make Social Security Contributions for the Employee

 

Art. 129. (amend. - SG 100/1992; amend. – SG 82/11) The employer shall pay social security contributions for the employee or worker under the terms and procedures specified in the Code of Social Insurance and the Health Insurance Act.


Section II.

 

General rules for informing and consulting (new - SG 48/06, in force from 01.07.2006)

 

 

Obligation of the Employer for Informing and Consulting (Title amend. - SG 48/06, in force from 01.07.2006)

 

Art. 130. (new, SG 25/2001; new - SG 48/06, in force from 01.07.2006) (1) The employer shall be obliged to provide with the information, required by the law, the trade union organizations and the representatives of the workers and employees under Art. 7 and 7a at the enterprise, as well as to conduct consultations with them.

 

(2)   The employer shall provide information, conduct consultations and coordination only with the trade union organizations or only with the representatives of the workers and employees under Art. 7, Para. 2 in the cases, provided for by the law, in case there are no trade union organizations or no representatives under Art. 7, Para. 2 in the enterprise or some of them refuses to take part in the procedure for informing and/or consulting.

 

(3)   The trade union organizations and the representatives of the workers and employees under Art. 7 and 7a shall be obliged to acquaint the workers and the employees with the information received from the employer, as well as to take into consideration their opinion at conducting the consultations.

 

(4)     The workers and employees shall have the right to timely, reliable and understandable information about the economical and financial status of the employer, which is of significance for their labour rights and obligations.

 

(5)   Via collective contract or an agreement, the employer and the representatives of the workers and employees under Art. 7a may also negotiate practical information and consultation measures for the workers and employees, other than the ones specified in the law.

 

 

 

Right to information and consultations in case of collective redundancies (amend., SG 52/04)

 

Art. 130a. (new, SG 25/2001; amend., SG 52/04, In force from 1st of August 2004; amend. - SG 48/06, in force from 01.07.2006) (1) Where the employer intends to undertake collective redundancies, he shall be obliged to start consultations with the representatives of the trade union organizations and of workers and employees under Art. 7, Para. 2 in due time, but not later than 45 days before undertaking them, and to make efforts to achieve an agreement with them in order to avoid or restrict the collective redundancies and to ease the consequences of them. The order and the way for conducting the consultations shall be determined by the employer, the representatives of the trade union organizations and representatives of the workers and employees under Art. 7, Para. 2.

 

(2)   Regardless of whether the employer or another legal entity has taken the decision leading to collective redundancies, before the beginning of the consultations under Para. 1, the employer shall be obliged to present written information to the representatives of the trade union organizations and to the representatives of the workers and employees under Art. 7, Para. 2, regarding:

 

1. the reasons for the envisaged redundancies;

 

2. the number of the workers and employees to be discharged, and the basic economic activities, groups of professions and positions to which they are referred;

 

3. the number of the workers and employees employed in the basic economic activities, groups of professions and positions in the enterprise;

 

4. the specific indicators for the application of the selection criteria under Art. 329 of the employees and workers about to be dismissed;

 

5. the period during which the dismissals shall take place;

 

6. the indemnities due related to the dismissals.


(3)   After the provision of the information under Para. 2, the employer shall be obliged, within three working days, to send a copy thereof to the respective unit of the Employment Agency.

 

(4)   The representatives of the trade unions and the representatives of the workers and employees under Art. 7, Para. 2 may send to the respective unit of the Employment Agency a statement on the information provided with respect to the collective redundancies envisaged.

 

(5)   In case of non-fulfilment of the obligation of the employer under Para. 2, the representatives of the trade unions and the representatives of the workers and employees under Art. 7, Para, 2 shall be entitled to inform the Executive Agency "Chief labour inspection" of non-observance of the labour legislation.

 

(6)    In case of non-fulfilment of his obligation under Para. 1, the employer may not refer to the circumstance that another authority has taken the decision for collective redundancies.

 

(7)    The envisaged collective redundancies shall be implemented not earlier than 30 days after notification of the Employment Agency, regardless of the terms of notice.

 

 

 

Obligation for information and consultations in case of change of the employer

 

Art. 130b. (new - SG 48/06, in force from 01.07.2006) (1) Prior to implementation of the change under Art. 123, Para. 1, the employer transferor and the employer transferee, and in the cases under Art. 123a, Para. 1 – the previous and the new employer, shall be obliged to inform the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, Para. 2 from their enterprises about:

 

1.   the envisaged change and the date for its implementation;

 

2.   the reasons for the change;

 

3.   the possible legal, economic and social consequences for the workers and employees from the

 

change;

 

4.  the stipulated measures regarding the workers and employees, including for the fulfilment of the obligations under Art. 123, Para. 4 and Art. 123a, Para. 3.

 

(2) The employer transferor under Art. 123 or the previous employer under Art. 123a shall be obliged to provide the information under Para. 1 within a period of at least two months prior to the implementation of the change.

 

(3) The employer transferee under Art. 123 or the new employer under Art. 123a shall be obliged to provide the information under Para. 1 on time, but in any case within a period of at least two months before the workers and employees be directly affected by the change with regard to conditions of labour and employment.

 

(4) If some of the employers envisages measures under Para. 1, item 4 regarding the workers and employees from his enterprise, prior to implementing the change, he shall be obliged to conduct consultations on time and to strive for achieving an agreement with the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, Para. 2 with respect to these measures.

 

(5) In the event where there are no trade union organizations and no representatives of the workers and employees under Art. 7, Para. 2, the employer shall provide the information under par. 1 to the respective workers and employees.

 

(6) Upon non-fulfilment of the obligation of the employer under Para. 1 or when he does not conduct the consultations under Para. 4, the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, Para. 2, or the workers and the employees, shall have the right to notify the Executive Agency "Chief labour inspection" of non-observance of the labour legislation.

 

(7) In case of non-fulfilment of the obligation under Para. 1, the employer may not invoke the circumstance that another authority has taken the decision for the change.


Obligation for informing in case of change of the activity, the economic status and the labour organisation of the enterprise

 

Art. 130c. (new - SG 48/06, in force from 01.07.2006) In the case under Art. 7a, the employer shall be obliged to provide the elected representatives of the workers and employees with information regarding:

 

1.   the last and the forthcoming alterations in the activity and the economic status of the enterprise;

 

2.  the situation, the structure and the expected development of the employment at the enterprise, as well as regarding the preparatory measures stipulated, especially in the cases where there is a threat to the employment;

 

3.  (new – SG 7/12) the number of workers and employees sent by a temporary work agency, or of his plans to employ such workers and employees;

 

4.   (suppl. – SG 82/11; prev. text of item 3 – SG 7/12) the possible essential changes in the work organization, including in the cases of outwork and remote work.

 

(2) (amend. – SG 7/12) After the provision of the information under Para. 1, the employer shall be obliged to conduct consultations regarding the issues under Para. 1, items 2 - 4.

 

(3) Where the information under Para. 1 contains data, the disclosure of which may harm the lawful interests of the employer, the latter shall have the right to provide it with a stipulation of confidentiality.

 

(4) In the cases under Para. 3, the representatives of the workers and employees shall not be entitled to disclose the information under Para. 1 to the rest of the workers and employees, and to third parties.

 

(5) The employer may refuse the provision of information or the conducting of consultations, in case the nature of the information or of the consultations may seriously harm the functioning of the enterprise or the lawful interests of the employer.

 

(6) Upon refusal to provide information under Para. 5 and upon dispute occurred regarding its grounds, the parties may seek assistance to settle the dispute by means of mediation and/or voluntary arbitration by the National Institute for Reconciliation and Arbitration.

 

 

 

Terms for informing and consulting

 

Art. 130d. (new - SG 48/06, in force from 01.07.2006) (1) The employer and the representatives of the workers and employees under Art. 7a shall specify in an agreement:

 

1.   the contents of the information and the terms for its provision;

 

2.   the terms for preparation of the statement on the information provided by the representatives of the workers and employees;

 

3.   the terms and the subject of the consultations;

 

4.     the representatives of the employer, appointed to provide information and to conduct consultations.

 

(2) In case agreement under Para. 1 has not been reached:

 

1.  the information of the last and the forthcoming alterations in the activity and the economic status of the enterprise shall be provided within the terms for compiling the accountancy reports;

 

2.    the information of the situation, structure and the development of the employment at the enterprise and the measures for its preservation shall be provided not later than one month prior to undertaking such;

 

3.    the information regarding the decisions, which could lead to essential changes in the labour organization or the employment relationships shall be provided not later than one month prior to the respective changes;

 

4.    (amend. – SG 7/12) the consultations under Art. 130c, Para. 1, items 2, 3 and 4 shall be conducted within a term of up to two weeks after providing the information.

 

(3) In the cases when the employer stipulates measures, leading to a change under Art. 123 or 123a, or to collective redundancies, the information and the consultations shall be conducted under the conditions, by the order and within the terms under Art. 130a and 130b.


(4)   In case the employer does not provide the information within the terms under Para. 1 or 2, the representatives of the workers and employees shall have the right to require it in writing, and in case he refuses to provide it – to inform the Executive Agency "Chief labour inspection" of non-observance of the labour legislation.

 

 

 

Art. 131 - 135 (revoked - SG 100/1992)

 

 

 

 

Chapter seven.

 

WORKING HOURS AND REST

 

 

Section I.

 

REGULAR WORKING HOURS

 

 

Normal Duration of Working Hours

 

Art. 136. (amend. - SG, No 100/1992) (1) (amend., SG 25/2001) The working week shall be a 5-day one, with a normal duration of the weekly working time up to 40 hours.

 

(2)   (revoked, SG 25/2001)

 

(3)   (amend., SG 25/2001) The normal duration of the working hours during the day shall be up to 8

 

hours.

 

(4)   (suppl. SG 25/2001) The normal duration of the working hours under the preceding paragraph shall not be extended, except in the cases and in the order stipulated by this Code.

 

(5)   (revoked, SG 25/2001)

 

 

 

Extension of the working time

 

Art. 136a. (new, SG 25/2001) (1) (amend. - SG 48/06, in force from 01.07.2006, amend. – SG, 54/2015, in force from 17.7.2015) For industrial reasons, the employer can extend, by a written order, the working time during some working days, and compensate it through its respective reduction during others, upon preliminary consultations with the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, Para. 2.

 

(2)   (suppl., SG 52/04, In force from 1st of August 2004) The duration of the extended working day, under the conditions of Para. 1, cannot exceed 10 hours, and for the workers and employees working under reduced hours - up to 1 hour in excess of their reduced working time. In these cases the duration of the working week may not exceed 48 hours, and for the workers and employees with reduced working time – 40 hours. The employer shall be obliged to keep a special book for accounting the extension, respectively the compensation of the working time.

 

(3)    The extension of the working time under Para. 1 and 2 shall be allowed for a period of 60 working days during one calendar year, but for no longer than 20 working days consecutively.

 

(4)   In the cases under Para. 1, the employer shall be obliged to compensate the extension of the working time by its respective reduction within 4 months for each extended working day. If the employer does not compensate the extension of the working time in the above period, the worker or employee shall have the right to determine himself the time during which the extension of the working time will be compensated by its respective reduction, informing about that the employer in writing at least two weeks in advance.

 

(5)    In terminating the legal terms of employment before the compensation under Para. 4, the


difference up to the normal working day shall be paid as an extra labour.

 

(6)   For the workers and employees under Art. 147, any extension of the working hours shall be allowed under the conditions of this Article for extra labour.

 

 

 

Reduced Working Hours

 

Art. 137. (1) (prev. art. 137 - SG 25/2001) Reduced working hours shall be established for:

 

1.   (amend. - SG 100/1992, amend. SG 83/05) workers and employees implementing work under specific conditions and the risks for their life and health cannot be removed or reduced regardless of the undertaken measures but the reduction of the duration of the working time leads to restriction of the risks for their health;

 

2.   (amend. - SG, No 100/1992) employees who have not reached 18 years of age.

 

(2)   (new - SG 83/05) The kinds of jobs, for which reduced working time is established, shall be determined with an ordinance of the Council of Ministers.

 

(3)   (new - SG 25/2001, prev. (2) – SG 83/05) Right to reduced working time under Para. 1, item 1 shall have the workers and employees working in the respective conditions for a period of no less than half the legally established working time.

 

(4)   (new, SG 25/2001, prev. (3) – SG 83/05) The labour remuneration and the other rights of the worker or employee under the legal terms of employment shall not be reduced for reduction of the working time under Para. 1 and 2.

 

 

 

Part-Time

 

Art. 138. (amend. - SG, No 100/1992) (1) (prev. art. 138 - SG 25/2001) The parties to the employment contract may negotiate work for a part of the statutory working hours (part-time work). In this case, they shall specify the duration and allocation of the working hours.

 

(2)   (new, SG 25/2001; amend. - SG 48/06, in force from 01.07.2006) In the cases under Para. 1, the monthly duration of the working hours of the workers and employees on part-time shall be shorter than monthly duration of the working hours of the workers and employees who work under legal terms of employment full-time in the same enterprise and perform the same or similar work. In case at the same or similar work there are no workers and employees, employed at full-time, the comparison shall be made only with respect to the duration of the monthly working time of the rest of the workers and employees at the enterprise.

 

(3)   (new, SG 25/2001; amend. - SG 48/06, in force from 01.07.2006) The workers and employees under Para. 1 shall not be put in a less favourable position only because of the part-time duration of their working hours compared to the workers and the employees, party to a labour contract at full-time, performing the same or similar work at the enterprise. They shall use the same rights and have the same obligations, which have the workers and the employees, working at full time, unless the law stipulates the use of some rights as depending on the duration of the worked off working hours, the length of service, the qualification they have and others.

 

(4)    (new – SG 7/12) An employment contract for part of the statutory working time shall be deemed as such with normal working hours, where permitted by law, in those cases where the control authorities find that the worker or employee party to the contract works outside his/her working hours, and the conditions for overtime work are not present.

 

 

 

Introduction of part-time by the employer

 

Art. 138a. (new - SG 48/06, in force from 01.07.2006) (1) In case of reduction of the volume of the


job, the employer can establish part-time for a period of three months in a calendar year for the workers and employees in the enterprise, or in its unit, upon preliminary coordination with the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, Para. 2.

 

(2)     The duration of the working time under Para. 1 cannot be less than half of the legally established for the period of calculation of the working time.

 

(3)    With respect to creating possibility of shifting from full-time to part-time or vice versa, the employer shall:

 

1. take into consideration the requests of the workers and employees for shifting from full-time to part-time, regardless whether the requests refer to the same or another working place, in case such opportunity exists in the enterprise;

 

2. take into consideration the requests of the workers and employees for shifting from part-time to full-time job or for increasing the duration of the part-time, if such opportunity emerges;

 

3. provide timely at a proper place in the enterprise written information to the workers and employees regarding the vacant working places and positions at full-time and part-time in order to facilitate the shifting from full-time to part-time job or vice versa; this information shall be provided to the representatives of the trade union organizations and to the representatives of the workers and employees under Art. 7, Para. 2;

 

4. undertake measures for facilitating the access to part-time job at all levels in the enterprise, including the positions, which require qualification, and the managerial positions, and, where possible, for facilitating the access of the workers and employees working part-time to professional training with the purpose of increasing the opportunities for career progress and the professional mobility.

 

 

 

Allocation of Working Hours

 

Art. 139. (1) The allocation of working hours shall be established by the internal rules of the enterprise.

 

(2)   (amend. - SG, No 100/1992) In enterprises where the organisation of work allows it, flexible working hours may be established. The time during which the employee must be at work in the enterprise, as well as the manner of accounting for it, shall be specified by the employer. Outside the time of his compulsory presence, the worker or employee may determine the beginning of his working hours himself.

 

(3)    (new – SG, 54/2015, in force from 17.7.2015) In the cases of Para. 2, out of the time for obligatory presence, the worker or employee may work the un-worked day working time in the following or other days of the same working week. The way of accounting the working time shall be provided by the Rules of the Internal Employment Procedure of the undertaking.

 

(4)  (amend. – SG, 100/1992, amend. 25/2001, in force from 31. 3. 2001, repealed – SG, 48/2006, in force from 1 7 2006, former Para. 3 – SG, 54/2015, in force from 17.72015) Depending on the nature of work and the labour organisation, the working day may be divided into two or three parts.

 

(5)   (amend. - SG, No 100/1992) For some categories of employees, due to the special nature of their work, an obligation may be established to be on duty or to stand by at the disposal of the employer during specified hours in a 24-hour period. The categories of employees, the maximum duration of the hours, and the terms and procedures of accounting for them shall be determined by the Minister of Labour and Social Policy.

 

 

 

Open-ended working hours

 

Art. 139a. (new - SG 48/06, in force from 01.07.2006) (1) For some positions, due to the specific nature of the work, the employer may establish open-ended working hours after consultations with the representatives of the trade union organizations and the representatives of the workers and employees under


Art. 7, Para. 2.

 

(2)    (new – SG 108/08) An open-ended working day may not be established for workers and employers with reduced working time.

 

(3)   (prev. text of Para 02 – SG 108/08) The list of the positions, for which open-ended working hours are established, shall be determined by an order of the employer.

 

(4)   (prev. text of Para 03 – SG 108/08) The workers and employees on open-ended working hours shall, if necessary, perform their duties even after the expiry of the regular working hours.

 

(5)  (prev. text of Para 04 – SG 108/08) In the cases under par. 3, except for the rests under Art. 151, the workers and employees shall have the right to a rest of at least 15 minutes after the expiration of the regular working hours.

 

(6)   (prev. text of Para 05 – SG 108/08) In the cases under Para. 3, the total duration of the working hours may not breach the uninterrupted inter-day and inter-week rest, established by this Code.

 

(7)   (prev. text of Para 06 – SG 108/08) The overtime on working days shall be compensated by an additional annual paid leave, and work on legal holidays - by an increased remuneration for overtime work.

 

 

 

Night Work

 

Art. 140. (1) (amend., SG 25/2001) The normal duration of the weekly working hours at night for a five-day work week shall be 35 hours. The normal duration of the night working hours for a five-day work week shall be 7 hours.

 

(2)   (amend., SG 25/2001, amend. and suppl. – SG, 54/2015, in force from 17.7.2015) Night work shall be work performed between 10.00 p.m. and 6.00 a.m., and for underage workers and employees – not reached 16 years of age - from 8 p.m. to 6 a.m.

 

(3)   (amend. - SG, No 100/1992) The employer shall be obliged to provide to the employees warm food, refreshments and other facilities for the effectiveness of the night work.

 

(4)   (amend. - SG, No 100/1992) Night work shall be prohibited for:

 

1.   employees and workers who have not reached 18 years of age;

 

2.    (amend., SG 52/04, In force from 1st of August 2004; suppl. – SG 103/09, in force from 29.12.2009) pregnant female workers and employees, as well as female employees in advanced-stage of in-vitro fertilization procedure;

 

3.   (amend., SG 52/04, In force from 1st of August 2004) mothers of children up to 6 years of age, as well as mothers raising disabled children regardless of the latter's age, except with their own consent;

 

4.   reassigned employees, except with their own consent, and only when such employment will not be detrimental to their health in the opinion of the medical authorities;

 

5.   employees who are continuing their education while under employment, except with their own

 

consent.

 

(5) (new, SG 52/04, In force from 1st of August 2004; revoked - SG 48/06, in force from 01.07.2006)

 

 

 

Special regulations at night work

 

Art. 140a. (new - SG 48/06, in force from 01.07.2006) (1) Workers and employees, in whose regular working time are included at least three hours of night work under Art. 140, Para. 2, as well as workers and employees who work in shifts, one of which includes at least three hours of night work, shall be considered workers and employees who work at night.

 

(2)   Workers and employees who work at night shall be accepted to work only after a preliminary medical examination which is to be at the expense of the employer.

 

(3)   Workers and employees who work at night shall be subject to periodical medical examinations


under Art. 287.

 

(4)    In case a health authority establishes that the health condition of a worker or employee has worsen as a result of working at night, he/she shall be transferred to appropriate day work or reassigned/provided with a suitable job.

 

(5)    The employer, with whom the workers and employees work at night, shall be obliged upon request by the Executive Agency "Chief labour inspection" to provide information about their number, the night hours worked off, as well as about the measures undertaken for providing safe and healthy labour conditions.

 

 

 

Work in Shifts

 

Art. 141. (1) Where the nature of the production process necessitates it, the work in the enterprise shall be organised in two or more shifts.

 

(2)   A work shift shall be mixed where it includes day and night work. A mixed work shift with 4 or more hours of night work shall be deemed a night shift and shall have the duration of a night shift, and if it covers less than 4 hours of night work, it shall be deemed a day shift and shall have the duration of a day shift.

 

(3)   The rotation of shifts in the enterprise shall be specified by the internal rules.

 

(4)   (amend. - SG 100/1992) The work shifts of the employees who are continuing their education while under employment, as well as of high-school students working in their free time, shall be specified depending on the organisation of their studies.

 

(5)   It is prohibited to assign work for two consecutive work shifts.

 

(6)   (amend. - SG, No 100/1992) For enterprises with a continuous working process the employee shall not discontinue work before the arrival of the respective employee on the next shift without the permission of his immediate superior. In such cases the immediate superior shall take the necessary measures to find a substitute.

 

 

 

Accounting for Working Hours

 

Art. 142. (1) Working hours shall be calculated in working days, for each day.

 

(2)   (amend. - SG, No 100/1992; amend., SG 25/201; amend. - SG 48/06, in force from 01.07.2006) The employer can establish a total calculation of the working time - weekly, monthly or for other calendar period which cannot be longer than 6 months.

 

(3)   (amend. - SG, No 100/1992) The summarised calculation of working hours shall not be allowed for employees on open-ended working hours.

 

(4)  (amend. - SG, No 100/1992; suppl., SG 52/04, In force from 1st of August 2004) The maximum duration of a work shift under a summarised calculation of working hours can be up to 12 hours, as the duration of the working week may not exceed 56 hours, and for employees at reduced working hours it can be up to one hour beyond their reduced working hours.

 

 

 

Section II.

 

OVERTIME WORK

 

 

Definition and Prohibition

 

Art. 143. (1) (amend. - SG, No 100/1992; amend., SG 25/2001) Work done on the order of, or with the knowledge of and with no objection from, the employer or the respective superior, by a worker or


employee outside of their agreed working hours, shall be considered overtime work.

 

(2) Overtime work shall be prohibited.

 

 

 

Admissibility as an Exception

 

Art. 144. Overtime work shall be permitted as an exception in the following cases only:

 

1.   for the performance of work related to the national defence;

 

2.    (new - SG 41/18) to perform work by Ministry of Interior employees, related to elections activities, preparation of expertise and psychological assistance in operational and search activities and resolving critical situations as well as other work related to security and protection of public order;

 

3.  (amend. - SG, No 100/1992, amend. SG 19/05; suppl. – SG 102/06; amend. – SG 35/09, in force from 12.05.2009, prev. para. 2 - SG 42/18) for prevention, control and overcoming of the consequences of disasters;

 

4.   (amend. - SG, No 100/1992, prev. para. 3 - SG 42/18) for the performance of urgent publicly necessary work to restore water and electrical supply, heating, sewerage, transport and communication links, and for providing medical assistance;

 

5.   (amend. - SG, No 100/1992, prev. para. 4 - SG 42/18) for doing emergency repairs in working premises, on machines and other equipment;

 

6.   (amend. - SG, No 100/1992; amend. – SG 108/08, prev. para. 5 - SG 42/18) for the completion of work which can not be completed within the regular working hours;

 

7.   (amend. - SG, No 100/1992, prev. para. 6 - SG 42/18) for the performance of intensive seasonal

 

work.

 

 

 

Art. 145. (revoked, SG 25/2001)

 

 

 

Duration

 

Art. 146. (1) (amend. - SG, No 100/1992) The duration of the overtime work performed by one employee in one calendar year shall not exceed 150 hours.

 

(2) The duration of the overtime work shall not exceed:

 

1.   30 hours day work, or 20 hours night work in one calendar month;

 

2.   6 hours day work, or 4 hours night work in one calendar week;

 

3.   3 hours day work, or 2 hours night work in two consecutive working days.

 

(3)  (amend. - SG 42/18) The restrictions under the preceding paragraphs shall not apply to the cases under Art. 144, items 1-4.

 

 

 

Inadmissibility of Overtime Work

 

Art. 147. (amend. - SG, No 100/1992) (1) Overtime work shall be not permitted for:

 

1.   employees who have not reached 18 years of age;

 

2.    (amend., SG 52/04, In force from 1st of August 2004; suppl. – SG 103/09, in force from 29.12.2009) pregnant female workers and employees, as well as female employees in advanced-stage of in-vitro fertilization procedure;

 

3.   (amend., SG 52/04, In force from 1st of August 2004) mothers of children up to 6 years of age, as well as mothers raising disabled children regardless of the latter's age, except with their own consent;

 

4.   reassigned employees, except with their own consent, and only when such employment will not


be detrimental to their health in the opinion of the medical authorities;

 

5. employees who are continuing their education while under employment, except with their own

 

consent.

 

(2)   (amend. SG 83/05, amend. SG 42/18) Overtime work shall not be permitted, except in the cases of Art. 144, items 1 – 4, for workers and employees for whom is established reduced working time under Art. 137, Para.1, item 1.

 

 

 

Refusal to Work Overtime

 

Art. 148. (amend. - SG, No 100/1992) The employee shall be entitled to refuse to work overtime, when the provisions of this Code, of another normative act, or of a collective contract are not observed.

 

 

 

Accounting for Overtime

 

Art. 149. (amend. - SG, No 100/1992) (1) The employer shall keep a special register to account for overtime work.

 

(2)   (amend. - SG, No 100/1992; amend. – SG 27/14) Overtime work performed during the calendar year shall be accounted for before the labour inspection by 31st of January of the next calendar year.

 

 

 

Payment of Overtime Work (amend., SG 52/04)

 

Art. 150. (amend. - SG, No 100/1992; amend., SG 52/04, In force from 1st of August 2004) For overtime worked, remuneration shall be paid in an increased amount according to Art. 262.

 

 

 

 

Section III.

 

REST

 

 

Rest during the Work Day

 

Art. 151. (1) (amend. - SG, No 100/1992) The working hours of the employee shall be interrupted by one or several breaks. The employer shall provide the employee a rest for a meal which shall not be shorter than 30 minutes.

 

(2)   The rest periods shall be not included in the working hours.

 

(3)    (amend. - SG, No 100/1992; amend., SG 25/2001) In continuous production processes or in enterprises where the work is uninterrupted, the employer shall provide to the employee time for a meal during the working hours.

 

 

 

Rest between Work Days

 

Art. 152. (amend. - SG, No 100/1992) The worker or employee shall be entitled to an uninterrupted rest between work days which shall not be shorter than 12 hours.

 

 

 

Weekly Rest

 

Art. 153. (1) (amend. - SG, No 100/1992) For a five-day working week the employee shall be entitled to a weekly rest of two consecutive days, one of which shall be Sunday on principle. In such cases,


the worker or employee shall be ensured at least 48 hours of weekly rest at a stretch.

 

(2)   (amend., SG 25/2001; amend., SG 52/04, In force from 1st of August 2004) For summarised calculation of working hours, the uninterrupted weekly rest shall be no less than 36 hours.

 

(3)   (new, SG 52/04, In force from 1st of August 2004) For a change of the shifts in summarized calculation of the working hours the uninterrupted weekly rest may be of a shorter size than the rest under para 2, but not shorter than 24 hours in the cases where the actual and technical organization of the work in the enterprise so require.

 

(4)   (new, SG 52/04, In force from 1st of August 2004) For overtime worked in the two days of the weekly rest, in daily calculation of the working time, the worker or employee shall have the right, besides to an increased payment of this labour, to uninterrupted rest as well during the next working week, amounting to no less than 24 hours.

 

 

 

Legal Holidays

 

Art. 154. (1) (Amended - SG, Nos. 30/1990, 27 and 104 of 1991, No 88 0f 1992, No. 2/1996, 22 & suppl., No 22/1998, amend. and suppl., No 56/1998; suppl., No 108/1998; amend. – SG 15/10) The public holidays shall be:

 

January 1 - New Year;

 

March 3 - the Day of the Liberation of Bulgaria from Ottoman Domination - the National Day; May 1 - the Day of Labour and International Workers' Solidarity;

 

May 6 - St.George's - the Day of Valour - the Bulgarian Armed Forces Day May 24 - the Day of Bulgarian Education and Culture and of Slavonic Letters; September 6 - Unification Day;

 

September 22 - Bulgaria's Independence Day;

 

November 1 - the Day of the Leaders of the Bulgarian National Revival - a legal holiday for all educational establishments;

 

December 24 - Christmas Eve; December 25 and 26 - Christmas;

 

Good Friday, Holy Saturday and Easter - Sunday and Monday on which it is celebrated in the respective year.

 

(2)   (New – SG, 105/16, in force from 01.01.2017). Where the official holidays under Para. 1, with the exception of Easter holidays coincide with Saturday and/or Sunday, the first 2 working days after them shall be non-working days.

 

(3)    (suppl., SG 52/04, In force from 1st of August 2004; amend. – SG 15/10, former Para. 2, amend. – SG, 105/16, in force from 01.01.2017) The Council of Ministers may also declare once other days for non-working days for giving public respect to important historical, political, culctural or other especially important events, as well as for days of celebration of certain professions and days for giving gratitude.

 

 

 

Working time and rests at work of specific nature and/or labour organization

 

Art. 154a. (new - SG 48/06, in force from 01.07.2006) Upon observance of the general rules for providing healthy and safe labour conditions the Council of Ministers can establish different duration of the of the daily, weekly and monthly working time, of the inter-day and inter-week rest, of the rests during the work day, of the night work for workers and employees, carrying out work of specific nature and/or labour organization.


 

 

 

Chapter eight.


LEAVES

 

 

Section I.

 

TYPES OF LEAVES

 

 

Regular and Extended Annual Paid Leave

 

Art. 155. (amend. - SG, No 100/1992) (1) (amend., SG 52/04, In force from 1st of August 2004) Each employee shall have the right to an annual paid leave.

 

(2)   (new, SG 52/04, In force from 1st of August 2004) In taking up office for the first time, the worker or employee may use his paid annual leave after at least 8 months of work.

 

(3)    (new, SG 52/04, In force from 1st of August 2004) On termination of the legal terms of employment before acquiring 8 months of work, the worker or employee shall be entitled to indemnification for unused paid annual leave, calculated by the order of Art. 224, Para 1.

 

(4)   (amend., SG 25/2001; prev. para 2 – SG 52/04, In force from 1st of August 2004) The duration of the regular annual paid leave shall be no less than 20 working days.

 

(5)   (amend. - SG, No 100/1992; amend., SG 25/2001; prev. para 3 – amend., SG 52/04, In force from 1st of August 2004) Some categories of workers and employees, depending on the special nature of work, shall be entitled to an extended annual paid leave which shall include the leave under para 4. The categories of workers and employees and the minimum duration of such leave, shall be specified by the Council of Ministers.

 

 

 

Additional Annual Paid Leave

 

Art. 156. (1) (amend. - SG, No 100/1992; amend., SG 52/04, In force from 1st of August 2004, prev. art. 156 – SG 83/05) Pursuant to Art. 155, Para. 2, the employee or worker shall be entitled to an additional annual paid leave:

 

1.  (amend. SG 83/05) for work under specific conditions and risks for the life and the health which cannot be removed, restricted or reduced, regardless of the undertaken measures – not less than 5 working days;

 

2.   for work on open-ended working hours - not less than 5 working days.

 

(2)   (new – SG 83/05) The kinds of works, for which additional paid annual leave is established, shall be determined with ordinance of the Council of Ministers.

 

 

 

Negotiation of Longer Duration of the Leaves

 

Art. 156a. (New, SG, No 100/1992) Longer duration of the leaves under Art. 155 and 156 may be agreed upon in a collective contract, as well as between the parties to the employment relationship.

 

 

 

Leave for the Performance of Civic, Public and Other Duties (amend., SG 52/04)

 

Art. 157. (1) (amend. - SG, No 100/1992) The employer shall be obliged to release the employee from work in the following cases:

 

1.   to be married - for 2 working days;

 

2.   for blood donation - on the day of the medical check-up and donation, and one additional day;

 

3.  (amend., SG 25/2001) in the event of the death of a parent, a child, a spouse, a brother, a sister, a parent of the spouse or other relatives in direct lineage - for 2 working days;


4.  (amend., SG 25/2001) in case the employee has been called to appear in court or other bodies as a party, a witness or an expert;

 

5.   (amend. - SG, No 100/1992) to attend sittings as a member of a representative state body;

 

5a. (new – SG 57/06, in force from the date of entry into action of the Treaty on the Accession of the Republic of Bulgaria to the European Union) for participation in sessions of a specialized authority for negotiations, European workers` council or representation body in European trade or cooperative company.

 

6.    (deleted previous 7 - amend., SG, No 100/1992) in case the employer has given notice of termination of the employment relationship - for 1 hour each day for the period of the notice. This right shall not be exercised by an employee working for 7 or less hours.

 

7.  (new – SG 19/05; amend. – SG 102/06) for the time of training and participation in the voluntary formations for protection in case of disasters.

 

(2) (new, SG 52/04, In force from 1st of August 2004; suppl. – SG 103/09, in force from 29.12.2009) The employer shall be obliged to release from work a pregnant worker as well as a female employee in advanced-stage of in-vitro fertilization procedure for medical examinations where it is necessary to have them during office hours. For this time the pregnant worker or female employee in advanced-stage of in-vitro fertilization procedure shall receive from the employer remuneration in the size under Art. 177.

 

(3) (Amend. No SG, No 100/1992, No 133/1998; amend., SG 25/2001; prev. para 2 – SG 52/04, In force from 1st of August 2004) For the period of the leave under Para. 1, remuneration shall be paid to the worker or employee as follows:

 

1.   under item 1 - 3 - according to the provided in the collective employment contract or upon agreement between the worker or employee and the employer;

 

2.  (amend. – SG 57/06, in force from the date of entry into action of the Treaty on the Accession of the Republic of Bulgaria to the European Union) under items 5a and 6 - by the employer, in the amount under Art. 177;

 

3.   in the remaining cases - according to the provided by the special laws.

 

 

 

Leave During Active Service in the Volunteer Reserve (amend., SG 25/2001; amend. – SG 20/12, in force from 10.06.2012)

 

Art. 158. (amend. - SG 20/12, in force from 10.06.2012) (1) An employee or worker called up for active service in the volunteer reserve shall be deemed to be on official leave for the duration of the event/service, including the days of travelling.

 

(2)    Should the active service in the volunteer reserve last for 15 days or more, the worker or employee shall be entitled to two calendar days of unpaid leave before departure, and two more days following his return.

 

(3)  For the duration of the leave under Para. 2, the worker or employee shall be paid a remuneration for the account of the budget of the Ministry of Defence.

 

 

 

Leave of Trade Union Functionaries

 

Art. 159. (amend. - SG, No 100/1992) (1) For the performance of trade union activities, the unpaid members of national, sectional, and regional leaderships of trade union organisations, as well as the unpaid chairmen of the trade union leaderships in the enterprises shall be entitled to a paid leave of duration specified by the collective contracts, but not shorter than 25 hours for one calendar year.

 

(2)   The leave under the preceding paragraph shall be paid pursuant to Art. 177, and is not to be compensated with cash.

 

(3)   The trade union functionary shall choose when to use the leave under Para. 1 and shall notify


the employer in a timely manner. The time and duration of the leave used shall be accounted for in a special register with the employer.

 

(4) The leave under Para. 1 shall not be postponed for the following calendar year.

 

 

 

Unpaid Leave

 

Art. 160. (amend. - SG 100/1992) (1) Upon the request of the worker or employee, the employer may permit him an unpaid leave, regardless of the fact whether he has used his annual paid leave or not, and irrespective of his length of service.

 

(2)   (new – SG 43/08) Employers shall be obliged to allow workers or employees one-time unpaid leave of up to one year, that is if they are in legal terms of employment with a European Union institution, apart from the cases referred to in Art. 120a, with the United Nations, the Organisation for Security and Cooperation in Europe, the North Atlantic Treaty Organisation or with other international governmental organizations.

 

(3)   (prev. text of para 2 – SG 43/08) The unpaid leave of up to 30 working days for one calendar year shall be included in the length of service, and that of over 30 working days shall be recognised only if it is so provided in this Code, another law, or an act of the Council of Ministers.

 

 

 

Official and Creative Leaves

 

Art. 161. (amend. - SG, No 100/1992;) (1) (amend., SG 25/2001) The worker or employee may be permitted a paid or unpaid official or creative leave under conditions and by an order established by the collective employment contract or by an agreement between the parties to the legal terms of employment.

 

(2)   (new – SG, 54/2015, in force from 17.7.2015) The time of non-paid official or creative leave under Para. 1 shall be considered as legal term of employment

 

(3)  (New, SG, No 100/1992, former Para. 2, - SG, 54/2015, in force from 17.7.2015) In the absence of another provision in the collective contract, the paid elected trade union functionaries shall be deemed to be on an unpaid leave for the period in which they hold the respective trade union position.

 

(4)   (new – SG 57/06, in force from the date of entry into action of the Treaty on the Accession of the Republic of Bulgaria to the European Union, former Para. 3 – SGm 54/2015, in force from 17.7.2015) Any worker or employee, who is a member of a representation body in a European trade or cooperative company, shall have the right to a leave for studies, necessary for implementation of his functions. The duration of the leave and the remuneration, which is due during its using, shall be negotiated in a collective contract or in an agreement between the parties to the employment relationship.

 

 

 

Leave in Case of Temporary Disability

 

Art. 162. (1) (amend. - SG, No 100/1992; suppl., SG 52/04, In force from 1st of August 2004) The worker or employee shall be entitled to a leave in case of temporary disability resulting from a general disease or an occupational disease, occupational injury, for sanatorium treatment or for urgent medical examinations or tests, quarantine, suspension from work prescribed by the medical authorities, for taking care of an ill or quarantined member of the family, for urgent need to accompany an ill member of the family to a medical check-up, test or treatment, and for taking care of a healthy child dismissed from a child-care facility because of quarantine imposed on that facility or on the child.

 

(2)   The leave under the preceding paragraph shall be permitted by the medical authorities.

 

(3)   (amend. - SG, No 100/1992) For the duration of the leave in case of temporary disability, the employee shall be paid a cash compensation within periods specified by a separate law.


Leave due to pregnancy and childbirth (Title amend. - SG 30/18, in force since 01.07.2018)

 

Art. 163. (1) (amend. - SG, No 100/1992, SG 110/99; amend., SG 52/04, In force from 1st of August 2004; amend. SG 68/06, in force from 01.01.2007; amend. – SG 109/08, in force from 02.01.2009) Female workers or employees shall be entitled to a leave for pregnancy and childbirth amounting to 410 days for each child, of which 45 days are to be obligatorily used before the childbirth.

 

(2)   (revoked, SG 25/2001)

 

(3)   Should the medical authorities err in predicting the date of childbirth and it occurs before the expiry of the 45 days from the beginning of the leave, the remainder of these 45 days shall be used after the childbirth.

 

(4)   In case of still-birth, of infant death, or if the child is given up to a child-care establishment in the entire care of the State, or for adoption, the mother shall be entitled to a leave of 42 days after the date of childbirth. The medical authorities may extend this period in the event they find the mother's ability to work has not been fully restored after the childbirth, up to her complete recovery. Up to the expiry of the term under Para. 1, such a leave shall be paid as a leave for pregnancy and birth.

 

(5)   In case the child is given up for adoption, is placed in a child-care establishment in the entire care of the State, or dies after the 42-nd day from the birth, the leave under para 1 shall be terminated on the following day. In these cases, if the mother's ability to work has not been restored after the childbirth, clauses 2 and 3 of the preceding paragraph shall apply.

 

(6)  (amend. - SG, No 100/1992; amend. - SG 48/06, in force from 01.07.2006, repealed - SG 30/18, in force from 01.07.2018)

 

(7)   (new – SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) A female worker or employee, with whom a child is accommodated under Art. 26 of the Child Protection Act, shall be entitled to a leave under Para. 1 in the amount equal to the difference between the child's age on the day when it was accommodated until the expiration of the period of the leave due for childbirth. This leave cannot be used simultaneously with the leave under Para. 1.

 

(8)    (new - SG 108/08, in force from 01.01.2009; prev. para 7 - SG 98/16, in force from 01.06. 2017) When the mother and the father are married or live in the same household, the father shall be entitled to 15-day leave for birth of a child as from the date of discharging the child from the medical establishment.

 

(9)   (new - SG 98/16, in force from 01.06. 2017, repealed - SG 30/18, in force from 01.07.2018)

 

(10)   (new - SG 108/08, in force from 01.01.2009; amend. - SG 109/08, in force from 02.01.2009; prev. para 8, suppl. - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) With the consent of the mother, after the child has reached the age of 6 months, the father may use the remaining leave until 410 days instead of her. When the father is unknown, one of the mother's parents can use the leave. When the father is deceased, the leave can be used by one of one of the mother's parents or the father's parents.

 

(11)   (new – SG 98/16, in force from 01.06. 2017, repealed - SG 30/18, in force from 01.07.2018)

 

(12)   (new – SG 98/16, in force from 01.06. 2017) When the child is accommodated under Art. 26 of the Child Protection Act with spouses, with the consent of the female worker or employee, after the child has reached the age of 6 months, her husband may use the remaining leave until 410 days instead of her.

 

(13)   (new - SG 108/08, in force from 01.01.2009; prev. para 9, amend. - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) For the time the leave is used under Para 10 or 12, the leave of the mother or female employee, in whose family a child is accommodated under Art. 26 of the Child Protection Act, shall be interrupted.

 

(14)   (amend. - SG, No 100/1992; prev. text of Para 07, amend. - SG 108/08; suppl. - SG 15/10; suppl. - SG 15/10; prev. para 10, amend. - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) For the time of the leave under Para 1 - 12, the persons shall be paid pecuniary compensation under conditions and in amounts determined in another law. The time during which the leave is used shall be considered as length of service. The period during which the leave is used shall be considered as length of service.


(15)   (new – SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) In cases when the leave under Para. 1 is not used, or the person under Para. 10 who uses such leave interrupts it, the mother, if she is working under an employment relationship, shall be paid a cash compensation by the State Public Insurance.

 

(16)   (New - SG 68/06, in force from 01.01.2007, previous Para. 8 - SG 108/08, previous Para.11 - SG 98/16, in force from 01.06.2017, amend. - SG 30/18, in force from 01.07.2018) The order and the way of using the leave under Para. 1, 7, 8, 10 and 12 shall be determined by an ordinance of the Council of Ministers.

 

 

 

Paid Leave for Raising a Young Child up to 2 years of age (amend., SG 25/2001)

 

Art. 164. (1) (amend. – SG, 54/2015, in force from 17/7/2015) After the use of leave for pregnancy, childbirth or adoption has been used, in case the child is not placed in a child-care establishment, the female worker or employee shall be entitled to an additional leave for raising a child until it reaches 2 years of age.

 

(2)   (revoked, SG 25/2001)

 

(3)   (amend., SG 25/2001) With the consent of the mother (adoptive mother), the leave under Para. 1 shall be granted to the father (adoptive father) or to one of their parents in case they work under an employment relationship.

 

(4)    (amend. - SG, No 100/1992) For the time of the leave under the preceding paragraphs, the mother (adoptive mother) or the person who has taken over the raising of the child shall be paid a cash indemnity under terms and in amounts specified by a separate law. The time of the leave shall be recognized as length of service.

 

(5)   (amend., SG 25/2001, SG 1/2002) In case the leave under Para. 1 is not used, or the person using such leave terminates its use, the mother (adoptive mother), if she is working under an employment relationship, shall be paid a cash compensation by the State Public Insurance.

 

 

 

Leave for Raising a Child Accommodated with Friends and Relatives or Foster Family (new, SG 52/04)

 

Art. 164a. (new, SG 52/04, In force from 1st of August 2004) (1) Right to leave for raising a child until reaching 2 years of age shall have the persons, with whom a child is accommodated by the order of Art. 26 of the Child Protection Act.

 

(2)   When the child is accommodated with spouses, the leave shall be used only by one of them.

 

(3)   During the leave under Para. 1 and 2, cash indemnification shall be paid in terms and in sizes determined by an individual law. The leave shall be considered as length of service.

 

(4)   (Suppl. - SG 30/18, in force since 01.07.2018) The leave under Para. 1 and 2 may not be used simultaneously with a leave under Art. 164 and Art. 164b.

 

 

 

Leave for adoption of a child up to 5 years of age (Amend. - SG 30/18, in force from 01.07.2018)

 

Art. 164b. (New - SG 104/13, in force from 01.01.2014, amend. - SG 30/18, in force from 01.07.2018) (1) Any female worker or employee, who has adopted a child up to the age of 5, shall be entitled to take leave for a period of 365 days from the day the child was handed over for adoption, but not later than the child reaching 5 years of age.

 

(2)   When the child is adopted by spouses, the leave under Para. 1, with the consent of the adoptive mother, may be used instead by the adoptive father after the expiration of 6 months from the date of handing over of the child for adoption, but no later than the child reaching the age of 5, where he is working under


employment relationship. When the adoptive father has died, the leave may be used by one of the parents of the adoptive mother or of the adoptive father when working under employment relationship.

 

(3)   With the consent of the female worker or employee who has adopted a child on her own, after expiration of the 6 months from the day the child is handed over for adoption, one of her parents may use the leave under Para. 1 when working under employment relationship.

 

(4)    For the period during which the leave under Para. 2 or 3 is used, the leave of the adoptive mother shall be interrupted.

 

(5)   Entitled to go on leave under the conditions and in the periods under Para. 1 shall also be the male worker or employee in the event where he has adopted the child on his own. Following his consent, after the expiration of 6 months from the day of handing over the child for adoption, one of his parents may use the leave under Para. 1 when working under employment relationship.

 

(6)   In the cases where the leave under Para. 1 or 5 is not used, or the person who uses such leave discontinues its use, the adoptive mother or the adoptive father, when working under employment relationship, shall be paid a pecuniary compensation by the state public insurance.

 

(7)   After using the leave under Para. 1, 2, 3 and 5, where the child has not reached the age of 2 and is not placed in a child care facility, the adoptive mother, the adoptive father or the person who has taken up the child shall be entitled to additional parental leave until the child has reached the age of 2 years of age under Art. 164.

 

(8)    When the adoptive mother and the adoptive father are married, the adoptive father shall be entitled to a 15-day leave for the adoption of a child up to the age of 5, from the day the child is handed over for adoption, but no later than it reaching the age of 5.

 

(9)   The leave under Para. 1, 2, 3, 5 and 8 shall not be used in the event of death of the child, upon termination of the adoption, and when the child attends a kindergarten, including a nursery or an educational establishment.

 

(10)   The leave under Para. 1, 2, 3, 5 and 8 may not be used simultaneously with the leave under Art. 163, 164 and 164a.

 

(11)   During the leave under Para. 1, 2, 3, 5 and 8, the persons shall be paid cash compensation under the conditions and in the amounts determined in a separate act. The time taken by the leave shall be recognized as length of service.

 

(12)   The order and the way of using the leave under Para. 1, 2, 3, 5 and 8 shall be established in an ordinance by the Council of Ministers.

 

 

 

Unpaid Leave for Raising a Young Child up to 2 years of age (amend., SG 25/2001; amend., SG 52/04)

 

Art. 165. (repealed – SG, 54/2015, in force from 17.7.2015)

 

 

 

Leave for Breast-feeding and Feeding a Young Child

 

Art. 166. (1) (amend. - SG, No 100/1992) Any female worker or employee who breast-feeds her child shall be entitled to a paid leave for breast-feeding until the child reaches 8 months of age - 1 hour twice a day or, with her consent - 2 hours together. For a female employee who works at reduced working hours of 7 hours a day or less, this leave shall be 1 hour a day. After the child reaches 8 months, this leave shall be 1 hour a day and shall be granted to the employee only in case the medical authorities find that it is necessary for her to continue breast-feeding the child.

 

(2)   (amend. - SG, No 100/1992) In case the female worker or employee has twins or a prematurely born child, the duration of the leave under the preceding paragraph shall be 3 hours a day until the child reaches 8 months, and 2 hours a day after the child reaches 8 months, as long as the medical authorities find


that breast-feeding should continue. In such cases, in the event that the female employee works at reduced working hours - 7 or less, the initial duration of the leave for breast-feeding the child shall be 2 hours, and after the child reaches 8 months - 1 hour a day. The leave under this paragraph shall be used twice daily, and with the consent of the employee it can be used once daily.

 

(3)   A leave under the terms and for the duration specified under this Article shall be also granted to the adoptive mother and to the step-mother.

 

(4)    (amend. - SG, No 100/1992) The leave under the preceding paragraphs shall be paid by the

 

employer.

 

 

 

Leave In Case of Death or Severe Illness of a Parent or adoptive parent (Title amend. - SG 30/18, in force from 01.07.2018)

 

Art. 167. (1) (amend., SG 52/04, In force from 1st of August 2004; suppl. SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) Should the mother of a child under the age of 2, or the adoptive mother of a child up to 5 years old, die or become severely ill, with resulting inability to take care of the child, the balance of the leaves for childbirth, adoption, and raising a child may be used by the father (adoptive father). With his consent, these leaves may be used by either of his parents, or by either of the parents of the deceased or severely ill mother (adoptive mother), should the said person work under an employment relationship.

 

(2)    (new - SG 98/16, in force from 01.06.2017, amend. - SG 30/18, in force from 01.07.2018) Should the mother of a child under the age of 2, or the adoptive mother of a child up to 5 years old, become severely ill, with resulting inability to take care of the child, and the father (adoptive father) has died, the balance of the leaves for childbirth, adoption, and raising a child may be used by one of the parents of the mother (adoptive mother) or of the father (adoptive father) when they are working under an employment relationship.

 

(3)    (new - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) Should the mother of a child under the age of 2, or the adoptive mother of a child from 2 to 5 years old, die or become severely ill, resulting in inability to take care of the child, and the father is unknown, the balance of the leaves for childbirth and raising a child may be used by one of her parents, if she works under an employment relationship.

 

(4)    (new - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) Where the person who has adopted on their own a child up to 5 years of age dies or becomes severely ill, resulting in inability to take care of the child, the balance of the leaves for adoption or raising a child up to the age of 2 may be used by one of their parents who works under an employment relationship.

 

(5)   (amend., SG 52/04, In force from 1st of August 2004; prev. para 2 - SG 98/16, in force from 01.06. 2017, amend. - SG 30/18, in force from 01.07.2018) Should both parents of a child under the age of 2, or both the adoptive parents of a child up to the age of 5 die, and the child is not placed in a childcare facility, including a crèche or educational establishment, or in a state-run childcare facility, the corresponding part of the leave under Para. 1, 2, 3 and 4 shall be used by the guardian of the child and, with guardian's consent, by one of the parents of the mother or the father of the child, respectively, of the adoptive parents, when working under an employment relationship.

 

 

 

Unpaid Leave for raising a Child up to 8 Years of Age (new, SG 52/04)

 

Art. 167a. (new, SG 52/04, In force from 1st of August 2004) (1) (suppl. – SG 7/12, amend. – SG, 54/2015, in force from 17.7.2015, suppl. - SG 30/18, in force from 01.07.2018) After using the leaves under Art. 164, Para. 1 and Art. 164b, Para. 1, 2, 3 and 5, each of the parents (adoptive parents), if they work under legal terms of employment and the child has not been placed in an establishment at full state support, shall


have the right, on request, to use unpaid leave amounting to 6 months for raising a child until accomplishment of 8 years of age. Each of the parents (adoptive parents) may use up to 5 months of the leave of the other parent (adoptive parent), if the latter has given his/her consent thereto.

 

(2)   (amend. - SG 98/16, in force from 01.06. 2017) In the cases of Art. 167, Para. 5 the guardian shall have the right to a leave under Para. 1 amounting to 12 months. With his consent a leave of up to 12 months or the remainder of the unused leave up to this size may be used by one of the parents of the mother or the father of the child.

 

(3)   Where, upon the child reaching 2 years of age, both parents die, and they have not used a leave under Para. 1, the guardian shall be entitled to such a leave, amounting to 12 months, and where the parents have used a part of the leave – to the remainder of the unused leave up to this size. With the consent of the guardian this leave may be used by one of the parents of the mother or of the father of the child.

 

(4)   Any parent (adoptive parent) who alone raises the child shall be entitled to a leave under Para. 1 amounting to 12 months in the cases where:

 

1. he is not married to the other parent and does not live with him in one household;

 

2. the other parent has been deprived of parental rights by an enacted decision of the court;

 

3. the other parent is deceased.

 

(5)    In the cases of Para. 4, item 1 and 2 the other parent shall not have the right to a leave under

 

Para. 1.

 

(6)   The leave under Para. 1 may be used one time or in parts. When it is used in parts its duration may not be less than 5 working days.

 

(7)   The person wishing to use a leave under para 1 must inform about that his employer at least 10 working days in advance.

 

(8)   The time during which the leave under Para. 1 is used shall be recognized as length of service.

 

(9)   The order and the way of using the leave under Para. 1 – 8 shall be settled by an ordinance of the Council of Ministers.

 

 

 

Rights of workers or employees who return to work from leave

 

Art. 167b. (new – SG 7/12) (1) Upon return to work after expiry of a leave under Art. 163-167a or interruption of taking such, the worker or employee may request from the employer changes to their working hours and/or patterns for a set period of time or other amendments in the employment relationship to facilitate his return to work.

 

(2)   In order to promote better reconciliation as regards to employment and family obligations of workers and employees, the employer shall take into consideration the requests under Para. 1, where possible at the enterprise.

 

(3)     The worker or employee and the employer may also agree to amend the employment relationship under Art. 119 during the use of leave under Art. 163-167a.

 

 

 

Additional Leave for Two and More Surviving Children

 

Art. 168. (amend. - SG, No 100/1992) (1) (amend., SG 25/2001) If stipulated by a collective employment contract, any female worker or employee with 2 surviving children under the age of 18 shall be entitled to 2 working days, and any worker or employee with 3 or more surviving children under the age of 18 - to 4 working days paid leave for each calendar year. This leave shall be used when the employee wishes, and it shall not be compensated in cash, except in case of a termination of the employment relationship.

 

(2)   The female employee shall be entitled to use the leave under the preceding paragraph, including for the calendar year in which one or all the children reach 18 years of age.


(3)   (revoked, SG 25/2001)

 

(4)   The use of leave under this Article may be postponed pursuant to Art. 176.

 

 

 

Paid Leave for Studies

 

Art. 169. (amend. - SG, No 100/1992) (1) (amend., SG 25/2001) Any worker or employee studying at secondary school or higher education institution while remaining in employment, with the consent of the employer, shall be entitled to a paid leave of 25 working days for each academic year.

 

(2)    (amend. - SG, No 100/1992; amend., SG 25/2001) The leave under Para. 1 shall be used regardless of all other types of leave. It may be used in whole or in part, and shall not be granted to a worker or employee who is to repeat a school year for no valid reason.

 

(3)    (amend. - SG, No 100/1992) The students under Para. 1 shall also be entitled to a one-time additional leave of 30 working days for reading and sitting for a matriculation or university-leaving examination, including the preparation and presentation of a diploma paper, diploma project or thesis.

 

(4)   (amend. - SG, No 100/1992; suppl., SG 25/2001) Employees and workers registered as distance learning or correspondence post-graduate students shall be entitled to a one-time 6-month paid leave to prepare an M. Sc. degree, and to a 12-month paid leave to prepare a thesis for a Ph.D. academic degree. This right shall be exercised with the consent of the employer.

 

(5)    (amend. - SG, No 100/1992; suppl., SG 25/2001) Employees and workers attending night school, with the consent of the employer, except those working at reduced working hours - 7 hours or less, shall be released from work an hour earlier on each day they have classes.

 

 

 

Leave for an Entrance Examination at an Educational Establishment

 

Art. 170. (1) (amend. - SG, No 100/1992; amend., SG 25/2001) When, with the consent of the employer, the worker or employee applies in a school, admitting by examination the worker or employee shall be entitled to a paid leave as follows:

 

1.   for applying in a secondary school - 6 working days;

 

2.   for applying in a higher school or doctor's studies - 12 working days.

 

(2)  (new, SG 25/2001) When a consent of the employer has not been given, the worker or employee shall be entitled to unpaid leave for the duration under Para. 1, reduced in half, which shall be recognised as length of service.

 

(3)   (amend. - SG, No 100/1992; prev. Para. 2, amend SG 25/2001) Should an employee use the paid or unpaid leave under Para. 1 and 2 but fail to gain entrance to the respective educational establishment or post-graduate studies, for the following years he shall be entitled to unpaid leave for a duration equal to half of the leave under para 1 shall be recognised as length of service.

 

 

 

Unpaid Leave for Students

 

Art. 171. (1) (amend., SG 25/2001) Workers and employees under Art. 169, Para. 1 shall also be entitled to unpaid leave for the following duration:

 

1.   to prepare and sit for an examination - up to 20 working days for an academic year;

 

2.    (amend., SG 25/2001) to prepare and sit for an entrance, matriculation or university-leaving examination, including the preparation and presentation of a diploma paper or a diploma project in secondary schools - up to 30 working days;

 

3.   to prepare and sit for a university-leaving examination (state exam), including the preparation and presentation of a diploma paper or a diploma project in higher educational establishments - up to four months;


4.  for distance learning or independent post-graduate students to prepare and present a thesis - up to four months.

 

(2) (new, SG 25/2001) When a consent of the employer is not given the worker or employee who studies in a secondary or higher school without leaving employment shall be entitled to unpaid leave for the duration under Para. 1, reduced by half.

 

(3) (prev. para 2 - amend., SG 25/2001) The unpaid leave under Para. 1 and 2 shall be recognised as length of service.

 

 

 

Using Leave by the Students

 

Art. 171a. (new, SG 25/2001) The leaves of the students under this section shall be used at a time determined by the worker or employee depending on the organisation of the academic process, upon written notification of the employer at least 7 days in advance.

 

 

 

Section II.

 

USE OF THE ANNUAL PAID LEAVE

 

 

Manner of Using

 

Art. 172. (amend. - SG, No 100/1992; amend., SG 25/2001; amend. – SG 58/10, in force from 30.07.2010, amend. – SG, 54/2015, in force from 17.7.2015) The annual paid leave shall be permitted to the worker or employee all at once or in parts.

 

 

 

Terms and Procedures of Using

 

Art. 173. (amend. – SG 58/10, in force from 30.07.2010, amend. – SG, 54/2015, in force from 17.7.2015) (1) The paid annual leave shall be used by the worker or employee with a written permission by the employer.

 

(2)   As regards to employees professing religion other than Eastern Orthodox, the employer shall authorize their choice of use of paid annual leave or unpaid leave under Art. 160, Para. 1 for the days of the respective religious holidays, but not more than the number of days for Orthodox religious festivals under Art. 154.

 

(3)   The days for religious holidays of religions other than Orthodox shall be determined by Council of Ministers on a proposal from the official leadership of the respective religion.

 

(4)   The employer shall have the right to provide the paid annual leave to the worker or employee without his consent during a stay of more than 5 working days while using the leave at the same time by all workers and employees, as well as in the cases, where the worker or employee after an invitation of the employer has not requested his leave by the end of the calendar year, for which it is due.

 

(5)   The worker or employee shall use his paid annual leave by the end of the calendar year for which it refers. The employer shall be obliged to permit the paid annual leave of the worker or employee by the end of the relevant calendar year, unless its use has been postponed under Art. 176. In this case the worker or employee shall be provided by use of not less than the half of his paid annual leave, due for the calendar year.

 

 

 

Use of Leave by Underage Employees and by Mothers

 

Art. 174. (amend. - SG, No 100/1992; amend. – SG 18/11, in force from 01.03.2011, amend. – SG,


54/2015, in force from 17.7.2015) Workers or employees who have not reached 18 years of age, and mothers of children under the age of 7 shall use their leave in summer, and if they so wish - at other times of the year, with the exception of the cases under Art. 173, Para. 4.

 

 

 

Interruption of the Use of the Leave

 

Art. 175. (amend. - SG, No 100/1992) (1) Where, during the use of the annual paid leave, the worker or employee is granted another type of paid or unpaid leave, the use of the annual paid leave shall be, upon his request, interrupted and the remainder is to be used later following an agreement between him and the employer.

 

(2)  (New, SG, No 100/1992) Beyond the cases under the preceding paragraph, the employee's leave may be interrupted by mutual consent of the parties expressed in writing.

 

 

 

Postponement of the Use of the Leave

 

Art. 176. (amend. - SG, No 100/1992; amend. – SG 58/10, in force from 30.07.2010, amend. – SG, 54/2015, in force from 17.7.2015) (1) Using the paid annual leave may be postponed for the following calendar year by:

 

1.  the employer – because of important production reasons under the condition of Art. 173, Para. 5, sentence three;

 

2.    the worker or employee - where another type of leave is used or upon his request with the consent of the employer.

 

(2) Where the leave has been postponed or has not been used by the end of the calendar year, for which it refers, the employer shall be obliged to provide its use during the following calendar year, but not later than 6 months, starting from the end of the calendar year, for which it refers.

 

(3) Where the employer has not permitted the use of the leave in the cases and terms under Para. 2, the worker or employee shall have the right himself to define the time of its use, by notifying about this in writing the employer at least 14 days in advance.

 

 

 

Limitation period of the right to use

 

Art 176a. (new - SG 18/11, in force from 01.03.2011) (1) In those cases where the paid annual leave or a part thereof has not been used within two years from the end of the year to which it refers to, regardless of the reasons for this, the right to use it shall lapse.

 

(2)    (amend. – SG, 54/2015, in force from 17.7.2015) Where the paid annual leave has been postponed according to the terms and the procedure of Art. 176, Para. 1, the right to use the leave of the worker or employee shall lapse after the expiration of two years from the end of the year in which the reason preventing them to use it has been removed.

 

 

 

Payment

 

Art. 177. (1) (amend. - SG, No 100/1992; amend. – SG 108/08) For the time of the annual paid leave, the employer shall pay the employee a remuneration calculated from the average daily gross remuneration accrued by the same employer for the last calendar month preceding the use of the leave, during which the employee has worked for at least 10 days.

 

(2)   (new – SG 108/08) Where in no month the employee has worked at least 10 working days for the same employer, the remuneration under Para. 1 shall be calculated from the basic and additional


employment remuneration of constant character stipulated in the employment contract.

 

 

 

Prohibition of Cash Compensation

 

Art. 178. It shall be prohibited to compensate for the annual paid leave in cash, except at the termination of the employment relationship.

 

 

 

 

Chapter nine.

 

WORK DISCIPLINE

 

 

Section I.

 

GENERAL PROVISIONS

 

 

Art. 179. (Revoked SG, No 100/1992)

 

 

 

Art. 180. (Revoked SG, No 100/1992)

 

 

 

Internal Labour Regulations

 

Art. 181. (amend. - SG, No 100/1992; amend. – SG 108/08) (1) The employer shall be obliged to issue internal labour regulations which are to determine the rights and obligations of the workers and employees and of the employer pursuant to the employment relationship, and shall regulate the organisation of the work process in the enterprise according to the specific nature of its activities.

 

(2)     The employer shall issue the internal labour regulations after initial consultations with representatives of the syndicates in the enterprise and with the representatives of the employees under Art. 7, Para 2.

 

 

 

Art. 182 - 185. (Revoked SG, No 100/1992)

 

 

 

 

Section III.

 

DISCIPLINARY LIABILITY

 

 

Work Discipline Violations

 

Art. 186. The failure to fulfil one's employment obligations through one's fault shall constitute a violation of the work discipline. The offender shall be punished with disciplinary sanctions provided for in this Code irrespective of any financial, administrative or penal liability, if such exist.

 

 

 

Types of Work Discipline Violations

 

Art. 187. (1) (Former text of Art. 187 – SG, 105/16, in force from 30.12.2016) Violations of the work discipline shall be:


1.    late reporting to or early departure from work, absence from work, inefficient work during working hours;

 

2.   (amend. - SG, No 100/1992) Reporting to work of the employee in a state not allowing him to fulfil the assigned job;

 

3.      non-fulfilment  of  the  assigned  job,  non-observance  of  the  technical  and  technological

 

regulations;

 

4.   manufacture of sub-standard products;

 

5.   non-observance of the safety and health work regulations;

 

6.   (Repealed, SG, No 100/1992);

 

7.   (amend. - SG, No 100/1992) failure to carry out the lawful orders of the employer;

 

8.    abuse of confidence and injury to the good name of the enterprise, as well as divulging proprietary information of the enterprise;

 

9.   (amend. - SG, No 100/1992) damage to the property of the employer and careless handling of resources, raw materials, energy and other means;

 

10.   non-fulfilment of other employment obligations provided by the laws and regulations, by the internal labour regulations, the collective contract or arising from the employment relationship.

 

(2) (new – SG, 105/16, in force from 30.12.2016, amend. – SG 15/18, in force from 16.02.2018) Sending a complaint, signalling with a letter or a communication to the Financial Supervision Commission for violation of the Act on Application of Measures against Market Abuse with Financial Instruments, of the Act on the Operation of Collective Investment Schemes and Other Collective Investment Undertakings, the Markets in Financial Instruments Act, the Insurance Code, the Code of Social Insurance, of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ, L 173/1 of 12 June 2014) of Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ 257/1 of 28 August 2014)o, f Regulation (EU) № 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) № 648/2012 (OJ, L 176/1, 27 June 2013), of Regulation (EU) № 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) № 648/2012 (OJ, L 173, / 84 of 12 June 2014) or of acts on their implementation by a worker or employee shall not be a violation under Para. 1, item 8, except in cases, where he deliberately communicates false information. Sentence one shall also respectively apply to any worker or employee, against whom a report for breach has been filed.

 

 

 

Types of Disciplinary Sanctions

 

Art. 188. (amend. - SG, No 100/1992) Disciplinary sanctions shall be:

 

1.   reprimand;

 

2.   caution against dismissal;

 

3.   dismissal.

 

 

 

Criteria for Imposing and Singleness of the Disciplinary Sanction

 

Art. 189. (1) (Previous para 2 - SG, No 100/1992) The choice of the disciplinary sanction shall be determined by the gravity of the infringement, the circumstances surrounding its occurrence and the behaviour of the worker or employee.


(2)    (Previous para 3 - SG, No 100/1992) For the same violation of labor discipline, only one disciplinary sanction may be imposed.

 

 

 

Disciplinary Dismissal

 

Art. 190. (amend. - SG, No 100/1992) (1) (prev. art. 190 - amend., SG 25/2001) A disciplinary dismissal shall be imposed after:

 

1.   reporting to work late or early departure on three occasions, each no less than one hour, within one calendar month;

 

2.   absence from work for two consecutive working days;

 

3.   systematic violations of the work discipline;

 

4.   (amend., SG 25/2001) abuse of employer's confidence or divulging proprietary information of the employer;

 

5.   causing losses to other persons by employees or workers in the trade and services industries by fraud in the price, the weight, the quality of the item or service;

 

6.   (New, SG, No 51/1999) participation in gambling games through telecommunication devices of the enterprise and the expenses shall be reimbursed in full;

 

7.   (New, SG, No 51/1999) other grave violations of the work discipline.

 

(2)   (new, SG 25/2001) Disciplinary dismissal under Para. 1 shall be imposed in compliance with the criteria under Art. 189, Para. 1.

 

 

 

Art. 191 (Revoked SG, No 100/1992)

 

 

 

Organs Authorised To Impose Disciplinary Sanctions

 

Art. 192. (1) (amend. - SG, No 100/1992, amend. – SG, 54/2015, in force from 17.7.2015) The disciplinary sanctions shall be imposed by the employer or a person authorised by him with managing functions, or by another organ authorised by the law.

 

(2)   (amend. - SG, No 100/1992) The disciplinary sanctions upon the manager of the enterprise, as well as upon employees appointed by a higher authority shall be imposed by that authority.

 

(3)   (Revoked, SG, No 100/1992)

 

 

 

Employer's Obligations Prior To Imposing A Disciplinary Sanction

 

Art. 193. (1) (amend. - SG, No 21/1990; No 100/1992) Prior to imposing a disciplinary sanction, the employer shall hear the employee or accept a written statement and shall gather and assess the stated evidence.

 

(2)   (amend. - SG, No 100/1992) Should the employer fail to hear the employee or worker, or to accept his written report prior to the imposition of the sanction, the court shall revoke the disciplinary sanction without reviewing the case on its merits.

 

(3)   (amend. - SG, No 100/1992) The provisions of the preceding paragraph shall not apply if the employee was not heard or his report not received through his own fault.

 

 

 

Period of Imposing Disciplinary Sanctions

 

Art. 194. (1) The disciplinary sanctions shall be imposed within two months of the discovery of the


violation and no later than 1 year of its perpetration.

 

(2)    For a disciplinary violation which is also a crime or administrative violation related to the assigned job and established with a sentence or penal enactment, the periods pursuant to the preceding paragraph shall start running on the day the sentence or the penal enactment become effective.

 

(3)  (amend. - SG, No 100/1992; amend., SG 25/2001) The periods under para 1 shall not run during the lawful leave of the employee or participation in a strike.

 

(4)   (Revoked SG No 100/1992)

 

 

 

Disciplinary Sanction Order

 

Art. 195. (1) The disciplinary sanction shall be imposed by an order in writing stating reasons which shall state the identity of the violator, the violation, the date of perpetration, the sanction and the provision of the law pursuant to which the sanction is imposed.

 

(2)   (amend. - SG, No 100/1992) The order imposing a disciplinary sanction shall be served to the employee, who shall sign it, and shall indicate the date of delivery. Where it is impossible for the order to be served to the employee, the employer shall send it by registered letter with a return receipt.

 

(3)   (amend. - SG, No 100/1992) The disciplinary sanction shall be considered imposed from the date of serving of the order to the employee or from the date of receipt when sent by registered letter with a return receipt.

 

(4)   (Revoked, SG, No 100/1992)

 

 

 

Art. 196. (Revoked, No 100/1992)

 

 

 

Deletion of Disciplinary Sanctions

 

Art. 197. (1) (amend. - SG, No 100/1992) The disciplinary sanctions shall be deleted with the expiry of one year of their imposition.

 

(2)   (amend. - SG, No 100/1992) The deletion shall have effect for the future only. The deletion of a disciplinary dismissal shall not constitute grounds for reinstating of the employee in his former position.

 

 

 

Early Deletion of Disciplinary Sanctions

 

Art. 198. (1) (amend. - SG, No 100/1992) Disciplinary sanctions, other than dismissal, may be deleted by the employer before the expiration of the term set in Para. 1 of the preceding article, if the employee or worker has not committed other violations of the work discipline. The deletion shall have effect for the future only.

 

(2)    (amend. - SG, No 100/1992) The deletion of a sanction in accordance with the preceding paragraph shall be done with an order in writing stating reasons, which shall be served to the employee.

 

 

 

Temporary Suspension from Work

 

Art. 199. (1) (amend. - SG, No 100/1992) The employer or the immediate superior may temporarily suspend from work a worker or employee who reports to work in a state preventing him from performing his work duties, takes alcoholic beverages or other strong intoxicating substances during working hours.

 

(2)    (amend. - SG, No 100/1992) The suspension shall continue until the employee restores his ability to perform his assigned work.


(3)    (amend. - SG, No 100/1992) During the time of suspension, the employee shall not receive labour remuneration.

 

 

 

 

Chapter ten.

 

FINANCIAL LIABILITY AND OTHER TYPES OF COMPENSATION

 

 

Section I.

 

FINANCIAL LIABILITY OF THE EMPLOYER

 

 

Financial Liability of the Employer in case of Death or Damages to the Employee's Health

 

Art. 200. (1) (amend. - SG, No 100/1992; amend., SG 52/04, In force from 1st of August 2004; amend. – SG 41/09, in force from 01.07.2009; amend. – SG 15/10) In case of occupational injuries and diseases causing temporary disability, permanently reduced working capacity of 50 and over 50 percent or death of the worker or employee, the employer shall bear financial liability regardless of whether an organ under his authority or another employee is at fault for their occurrence.

 

(2)   (amend. - SG, No 100/1992) The employer shall also be liable in cases where the occupational injury has been caused by force majeure during or in connection with the performance of the assigned work, or of any other work performed even without orders which, nevertheless, is in the employer's interest, as well as during a break spent within the enterprise.

 

(3)   (amend. - SG, No 100/1992) The employer shall be liable for compensation for the difference between the loss, whether material or non-material, caused, including missed benefits, and the social security compensation and/or pension.

 

(4)   (new – SG 83/05) The due indemnification of para 3 shall be reduced with the extent of the received sums under the concluded contracts for insuring of the workers and employees.

 

(5)   (New, SG 100/92, prev. para. 4 – SG 83/05) The receiving of compensation pursuant to the preceding paragraph by the heirs of an employee who has died as a result of an occupational injury or disease shall not be deemed acceptance of the legacy.

 

 

 

Exclusion or Reduction of Liability

 

Art. 201. (1) (amend. - SG, No 100/1992) The employer shall not be liable pursuant to the preceding paragraph, if the injured has caused the damage intentionally.

 

(2)   The liability of the employer shall be subject to reduction, if the injured has contributed towards the occupational injury by gross negligence.

 

 

 

Recourse Action

 

Art. 202. (amend. - SG, No 100/1992) The employer shall be entitled to an action against the workers or employees at fault, in accordance with the provisions of Section II of this Chapter, for recovering the compensation paid to the injured or to his heirs.

 

 

 

Section II.

 

FINANCIAL LIABILITY OF THE WORKER OR EMPLOYEE (AMEND., SG, NO 100/1992)


Scope of the Financial Liability

 

Art. 203. (1) (amend. - SG, No 100/1992) The worker or employee shall be financially liable subject to the provisions of this Chapter for the damages caused to the employer as a result of negligence during or in connection with the performance of his employment obligations.

 

(2)  The liability for damages caused intentionally or as a result of a crime or caused not during or in connection with the performance of employment obligations shall be determined by the civil laws.

 

(3)    (amend. - SG, No 100/1992) The financial liability of workers or employees shall apply irrespective of the disciplinary, administrative and penal liability for the same action.

 

 

 

Exclusion of Liability

 

Art. 204. (amend. - SG, No 100/1992) The workers or employees shall not be financially liable for damages caused by a normal manufacturing and business risk.

 

 

 

Losses Subject to Compensation

 

Art. 205. (1) (amend. - SG, No 100/1992) The employees shall be liable for the losses inflicted, but not for missed benefits.

 

(2)   The extent of the losses shall be determined as of the day of their occurrence; and if that day cannot be determined, as of the day of the discovery of the losses.

 

 

 

Extent of Liability

 

Art. 206. (amend. - SG, No 100/1992) (1) For damage caused to the employer by negligence during or in connection with the performance of the employment obligations, the employee shall be liable to the extent of the damage, but not more than the agreed monthly labour remuneration.

 

(2)   Where the damage has been caused by a manager, including the immediate superior, during or in connection with the exercising of his managerial functions, the liability shall be to the extent of the damage, but not more than three times the agreed monthly labour remuneration.

 

(3)   The liability shall also be within the extent established by the preceding paragraphs in cases where the employer has compensated third parties for losses caused by the employee under the same conditions.

 

 

 

Extent of Liability for Damage Caused By Accounting Activities

 

Art. 207. (amend. - SG, No 100/1992) (1) Any worker or employee, to whom the collection, keeping, spending or accounting of money and material values has been assigned as an employment obligation, shall be liable to the employer:

 

1.   to the extent of the loss but not more than three times the agreed monthly labour remuneration;

 

2.  in case of shortage - in full, together with the statutory interest from the day of the causing of the loss, and if that cannot be established - from the day of the discovery of the shortage.

 

(2) Persons who have acquired benefits without grounds from the person causing the losses, or who have benefited from the incurred losses pursuant to item 1 of the preceding paragraph, shall owe, jointly and severally with the person causing the losses, the repayment of the acquired benefits up to the amount of the enrichment, except in the cases under Art. 271, Para. 1. The persons shall also owe the return of the benefits they have received as gifts from the person causing the losses when the gifts have come from sums derived from the losses caused.


(3)   The statute of limitations for actions pursuant to Para. 1, item 2, and Para. 2 shall be 10 years from the date of causing the losses.

 

(4)   Other cases of full financial liability may be established by law.

 

 

 

Liability For Losses Caused By Several Employees

 

Art. 208. (amend. - SG, No 100/1992) Where the damage has been caused by several employees, they shall be held liable for:

 

1.  (amend. - SG, No 100/1992) In the cases of limited liability - in proportion to the part of each of them in the causing of the losses; if each one's part cannot be established - proportionately to their agreed labour monthly remuneration. The total sum of the compensations they owe cannot exceed the value of the damage;

 

2.   In case of full liability, jointly and severally.

 

 

 

Work-Team Liability

 

Art. 209. (1) (amend. - SG, No 100/1992) The work-team liability for shortages may be undertaken by a contract in writing signed between the employer and employees who perform accounting activities together or in shifts. Where the specific person causing the losses cannot be identified, the compensation shall be distributed among the employees who have signed the contract, proportionately to the total gross salary received by each one, for the period of time corresponding to the established shortage.

 

(2) (Revoked, SG, No 100/1992)

 

 

 

Implementation of Limited Financial Liability

 

Art. 210. (1) (amend. - SG, No 100/1992) In cases of limited financial liability, the employer shall issue an order which is to define the grounds for and the extent of the worker's or employee's liability. Where the loss has been caused by the manager of the enterprise, the order shall be issued by the respective superior body, and if no such body exists - by the collective body managing the enterprise.

 

(2)   The order shall be issued within one month of the discovery of the loss or of the payment of the sum to a third party, but not later than one year of its causing; and within three months of its discovery, when the loss has been caused by a manager of the enterprise or in the process of performing accounting activities, but not later than 5 years of its causing. These time periods shall be suspended, if full financial liability proceedings have been undertaken, until the latter are pending.

 

(3)   (amend. - SG, No 100/1992) If the worker or employee challenges in writing within one month of the date of serving of the order its grounds or the extent of the liability, the employer shall have the right to bring an action against him before the court.

 

(4)   (amend. - SG, No 100/1992) If the employee does not challenge - within the period established in the preceding paragraph - the grounds or the extent of the liability, the employer shall deduct the amount due from his remuneration in the amounts provided for by the Civil Procedure Code.

 

(5)   (amend. - SG, No 100/1992; amend. – SG 59/07, in force from 01.03.2008) In cases where, as a result of termination of employment or of other reasons, the amount due cannot be deducted in accordance with the preceding paragraph, pursuant to the order of the employer or the organ under sentence two of Para. 1, the employer may require issuing an enforcement order under Art. 410, Para. 1 of the Civil Procedure Code, regardless of the amount of the taking.

 

(6)   (Revoked, SG, No 12/1996)


Implementation of Full Financial Liability

 

Art. 211. Full financial liability shall be implemented by court order. In these cases, deduction shall be made only on the basis of a court decision in force.

 

 

 

Application of the Civil Law

 

Art. 212. (Suppl. No 100/1992) Civil law shall apply for issues not treated in this chapter related to the financial liability of the employer in cases of death or occupational injuries of a worker or employee, as well as of financial liability of the employee to the employer.

 

 

 

Section III.

 

OTHER FORMS OF COMPENSATION

 

 

Compensation for Non-Admission to Work

 

Art. 213. (1) (amend. - SG, No 100/1992) In case of unlawful non-admission to work of an employee with whom an employment relationship pursuant to the provisions of chapter five exists, the employer and the officials found guilty shall owe the worker or employee jointly and severally the full amount of the gross labour remuneration for the relevant position from the day of the employee's reporting for work until the day of his actual admission to work.

 

(2)    (amend. - SG, No 100/1992) The employer and the guilty officials shall owe compensation jointly and severally to the employee who has unlawfully not been admitted to work for the duration of the performance of the employment relationship. The compensation shall amount to the gross labour remuneration of the employee for the period of unlawful non-admission to work.

 

 

 

Compensation For Temporary Suspension From Work

 

Art. 214. (amend. - SG, No 100/1992) Any worker or employee who has been unlawfully suspended from work by his employer or immediate superior shall be entitled to a compensation to the extent of the gross labour remuneration for the period of his suspension. The compensation shall be due jointly and severally by the employer and the guilty officials.

 

(2) (Revoked, SG, No 100/1992)

 

 

 

Business Travel Compensation

 

Art. 215. (1) (amend. - SG, No 100/1992, former text of Art. 215, suppl. – SG 105/16, in force from 30.12.2016) When travelling on official business under Art. 121, Para. 1, the worker or employee shall be entitled, in addition to his gross labour remuneration, to travelling expenses, per diems and accommodation under terms and in an amount to be determined by the Council of Ministers.

 

(2)   (New – SG, 105/16, in force from 30.12.2016) In case of sending to business trip under Art. 121a, Para. 1, item 1 and sending under Art. 121a, Para. 2, item 1, the worker or employee shall have the right to receive apart form his gross labour remuneration, also per diem for travelling under conditions, defined by the Ordinance under Art. 121a, Para. 8.


 

 

 

Reassignment Compensation


Art. 216. (amend. - SG, No 100/1992) (1) Any employee who has been reassigned to work in another town shall, by agreement with the employer, be entitled to:

 

1.   travelling expenses for him and his family;

 

2.   expenses for removing of his household belongings;

 

3.   remuneration for the days of travel plus two extra days.

 

(2)   An employee whose employment relationship has been terminated not through his fault or upon his request by notice shall, by agreement with the employer, be entitled to the expenses pursuant to items 1 and 2 of the preceding paragraph for his and his family's return to their permanent place of residence.

 

(3)   Any employee shall be entitled to the compensation pursuant to the preceding paragraphs when, pursuant to a procedure established by law, he is being or has been reassigned to a permanent position in another community not upon his own request. When the distance to the new community is over 100 km and the reassignment is for more than 1 year the employee shall be entitled to both the agreed monthly remuneration for the new job and a remuneration equal to the value of one fourth of the same amount for each member of his family dependent on the employee. The compensation shall be paid by the employer, to whom the employee is assigned.

 

 

 

Compensation in Case of Rehabilitation Reassignment

 

Art. 217. (1) (amend. - SG, No 100/1992; amend. – SG 41/09, in force from 01.07.2009) The employer shall owe the employee subject to rehabilitation reassignment a compensation to the extent of his gross labour remuneration from the day of issuance of the ruling for rehabilitation reassignment till the day of its implementation.

 

(2)   (amend. - SG, No 100/1992) Any worker or employee who refuses with no excusable grounds to accept the reassignment in the same or another enterprise shall not be entitled to the compensation pursuant to the preceding paragraph.

 

 

 

Compensation in Case of Disaster (Title amend. SG 19/05; amend. – SG 35/09, in force from 12.05.2009)

 

Art. 218. (amend. - SG, No 100/1992) (1) (amend. - SG, No 100/1992, amend. SG 19/05; suppl. – SG 102/06) When, due to a disaster, the employee is unable to report to work, he shall be compensated to the extent of 50 percent of his gross labour remuneration for the period of inability but not less than 75 percent of the minimum work salary established for the country.

 

(2)   (amend. - SG, No 100/1992, amend. SG 19/05; suppl. – SH 102/06; amend. – SG 35/09, in force from 12.05.2009) In those cases where the employee has taken part in the rescue operations during a disaster, he shall be entitled to the full amount of his gross labour remuneration.

 

(3)   (amend. - SG, No 100/1992) The compensation pursuant to the preceding paragraphs shall be paid by the employer with whom the employee is working.

 

(4)   (amend. - SG, No 100/1992) The reasons for non-reporting to work or participation in rescue operations shall be certified by the mayor's office, the municipal council or by any other state authority.

 

 

 

Compensation for Lawful Refusal of the Employee to Perform the Job

 

Art. 219. (amend. - SG, No 100/1992) (1) Any worker or employee who has refused lawfully to perform, or has suspended performing his job on legitimate grounds because of a serious and direct threat to his life and health, shall be entitled to a compensation to the extent of his gross labour remuneration for the period of refusal or suspension.

 

(2) The right to compensation pursuant to the preceding paragraph shall be extended to employees