LABOUR MIGRATION AND LABOUR MOBILITY ACT

LABOUR MIGRATION AND LABOUR MOBILITY ACT

In force from 21.05.2016

Prom. SG. 33/26 Apr 2016, suppl. SG. 97/6 Dec 2016, amend. and suppl. SG. 97/5 Dec 2017, amend. and suppl. SG. 24/16 Mar 2018, amend. SG. 34/23 Apr 2019

Chapter one.
GENERAL PROVISIONS

Art. 1. (1) This Act shall provide for:

1. the regulating of the access to the labour market of third-country workers, including the carrying out of self-employed activity;

2. the exercise of the right of free movement in the Republic of Bulgaria of workers - citizens of another EU Member State, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation;

3. (suppl. - SG 24/18, in force from 23.05.2018) the employment of Bulgarian citizens abroad, including in their free movement within the European Union and the European Economic Area;

4. the bilateral regulation of employment with third countries - both for Bulgarian nationals on their territory and for their citizens in the Republic of Bulgaria.

(2) The terms and conditions, under which third-country workers and the members of their families, as well as third-country nationals - family members of Bulgarian citizens, can enter, reside and leave the Republic of Bulgaria, shall be determined in the Foreigners in the Republic of Bulgaria Act.

(3) (suppl. - SG 97/16, amend. - SG 34/19) The terms and conditions, under which nationals of other EU Member States and the members of their families, as well as citizens of countries -parties to the Agreement on the European Economic Area or of the Swiss Confederation and their family members, enter, reside and leave the Republic of Bulgaria shall be determined by the Act on Entering, Residing and Leaving the Republic of Bulgaria by European Union Citizens and Their Family Members.

Art. 2. In exercising the rights and obligations under this Act, no direct or indirect discrimination shall be allowed, nor privileges or restrictions based on nationality, origin, ethnicity, personal status, sex, sexual orientation, race, age, political and religious convictions, membership in union and other public organizations and movements, family, social and material status, and mental and physical disabilities.

Art. 3. (1) (Amend. - SG 24/18, in force from 23.05.2018) The policy on free movement of workers, the labour migration and integration of foreigners shall be carried out in cooperation and upon consultation with representative organizations at national level such as the organizations of employers and workers and employees, as well as with representatives of other non-profit legal entities, registered under the Non-Profit Legal Entities Act.

(2) The Minister of Labour and Social Policy may, after consulting the National Council for labour migration and labour mobility, impose restrictions on the access of third-country workers to the labour market, including of the highly skilled workers and of the persons carrying out self-employed activity, in accordance with the state of the labour market, its development and public interests.

(3) (Suppl. - SG 24/18, in force from 23.05.2018) Cooperation and consultation under para. 1 and 2 shall be carried out by the National Council on labour migration and labour mobility which is to address all matters related to the application of this Act.

 

 

Art. 4. (1) Under the Minister of Labour and Social Policy shall be established a National Council on labour migration and labour mobility.

(2) The National Council on Labour Migration and Labour Mobility shall consist of an equal number of representatives of the representative organizations of employers and workers and employees at national level, of representatives of ministries, agencies, commissions, and of the authorities of local governance.

3) In the membership of the Council under para. 2 may also be invited to join representatives of international organizations and legal non-profit entities, performing activities in the field of labour migration, labour mobility and the integration of foreigners.

(4) The Minister of Labour and Social Policy shall be the Chairperson of the National Council on labour migration and labour mobility.

(5) The members, organization and operation of the National Council on labour migration and labour mobility shall be determined by the regulation on the Act’s implementation.

Chapter two.
LABOUR MIGRATION FROM THIRD COUNTIRES

Section I.
General Provisions

Art. 5. (1) Access to the labour market to a third-country national shall be allowed when she/he:

1. has an employment contract with a local employer;

2. is posted or sent in the context of the provision of services in the Republic of Bulgaria;

3. has been moved in an intra-corporate transfer;

4. carries out a self-employed activity.

(2) (Suppl. - SG 24/18, in force from 23.05.2018) When applying for initial access to the labour market and for access after the term under Art. 7, para. 5, the foreigner shall reside outside the territory of the Republic of Bulgaria, except in the case provided for by law.

(3) The terms and conditions to let posted or sent third-countries workers and employees into the Republic of Bulgaria in the context of the provision of services shall be determined by an ordinance of the Council of Ministers.

Art. 6. The employment and social insurance relations of third-country workers, employed by local employers, as well as those carrying out self-employed activity, shall be settled under the terms and conditions of the Bulgarian labour and social insurance legislation.

Art. 7. (1) Access to the labour market of third-country workers shall be allowed when taking up positions which do not require Bulgarian citizenship:

1. according to the state of the Bulgarian labour market, its development and public interests, following an employer’s preliminary study of the labour market;

2. (amend. and suppl. - SG 24/18, in force from 23.05.2018) provided that in the preceding 12 months the total number of third-country nationals, working for a local employer, does not exceed 20 percent of the average number of persons-Bulgarian nationals listed as hired on employment relationship, of nationals of other EU Member States, of countries -parties to the Agreement on the European Economic Area or of the Swiss Confederation and the persons of Art. 9, para. 1, items 2-6, but for small and medium-sized enterprises within the meaning of Art. 3, Para. 1, item 1 of the Small and Medium-sized Enterprises Act - 35 per cent;

3. where the proposed conditions of work and pay are not less favourable than those for Bulgarian citizens for the respective labour category;

4. where the third-country national possesses specialized knowledge, skills and experience needed for the respective position.

(2) (Suppl. - SG 24/18, in force from 23.05.2018) Third-country workers with authorized access to the labour market can work on an employment relationship or be posted or sent in the context of the provision of services in the Republic of Bulgaria - only for the specific legal or natural person, and only for the site, position and duration of employment, stated in the permit granted by the competent authorities.

(3) The Executive Director of the Employment Agency shall provide a written decision within 30 days of submission of the application to grant access to the labour market under para. 1 to third-country workers.

(4) (suppl. - SG 97/17) The duration of authorized access to the labour market under para. 1 shall be for the duration of the contract with the local employer, but for no longer than 12 months, except in the cases expressly mentioned in this Act.

(5) (Amend and suppl. - SG 24/18, in force from 23.05.2018) The term of the decision under para. 3 may be extended to a total of up to three years when the conditions for its initial granting have not changed, except in the cases under Art. 33k, Para. 2 of the Foreigners in the Republic of Bulgaria Act.

(6) (Suppl. - SG 24/18, in force from 23.05.2018) The Employment Agency shall provide information on all documents necessary for the registration of employment and for the submission of an application for the provision of decision under para. 3, including for the ensuing rights and obligations for third-country employees.

(7) The documents required for the provision of the decision under para. 3 shall be submitted by the employer to the Employment Agency.

(8) (amend. - SG 97/17) To grant or renew the term of a decision under para. 3, the employer shall pay a fee in the amount of 100 BGN.

(9) The terms and conditions for the exercise of a regulated profession in the Republic of Bulgaria by third-country nationals in employment relationship or as self-employed persons shall be defined under the Recognition of Professional Qualifications Act.

(10) The terms and conditions for granting, renewal, refusal or revocation of the decision under para. 3, as well as the conditions for conducting the study under para. 1, item 1, shall be determined by the regulation on the implementation of this Act.

(11) (Suppl. - SG 24/18, in force from 23.05.2018) The terms and conditions for issuance, renewal, refusal and withdrawal of residence permits and work permits, where they are a single document, shall be determined by the Regulation on Implementing the Foreigners in the Republic of Bulgaria Act (prom. SG 51 of 2011; amend. SG 41, 62 and 110 of 2013, SG 60 and 61 of 2014and SG 40 and 57 of 2015)

Art. 8. (1) The right of access to the labour market shall not have third-country workers who have:

1. (suppl. - SG 97/17) a visa for a short stay in the Republic of Bulgaria, except in the case of seasonal work under Art. 24, para. 3;

2. (amend. - SG 24/18, in force from 23.05.2018) a permit for extended stay in the Republic of Bulgaria pursuant to Art. 24, para. 1, items 2, 6 - 8, 10, 14, 16, 19 and 20 of the Foreigners in the Republic of Bulgaria Act.

(2) The right of access to the labour market on grounds other than those stated under para. 1 can be given to third-country workers who are legally residing in the territory of the Republic of Bulgaria when they are:

1. persons of Bulgarian origin – until obtaining a permanent residence permit;

2. (amend. - SG 24/18, in force from 23.05.2018) persons who have worked in a previous period, before submitting the application for access to the labour market, under the terms of an international treaty, to which the Republic of Bulgaria is a party;

3. persons who worked without a work permit under the terms of Art. 9, para. 3 - with continued employment of over three months;

4. family members of a third-country foreigner, extended resident in the Republic of Bulgaria.

(3) (New - SG 24/18, in force from 23.05.2018) The persons under Para. 2, item 1 may work in employment without a permit under Art. 7, Para. 3 after registration by the employer at the Employment Agency under the terms and procedures laid down in the Regulations for the application of the Act.

Art. 9. (1) No permit shall be required under Art. 7, para. 3 for third-country workers:

1. referred to in Art. 88 of the Merchant Shipping Code;

2. holding a permit for long-term or permanent residence in the Republic of Bulgaria and the members of their families;

3. (suppl. - SG 24/18, in force from 23.05.2018) with granted asylum or with granted international protection in the Republic of Bulgaria under the Asylum and Refugees Act and the members of their families;

4. for whom this has been provided for in an international treaty, to which the Republic of Bulgaria is a party;

5. who are family members of Bulgarian citizens;

6. who are family members of a citizen of a EU Member State, of a country-party to the Agreement on the European Economic Area or the Swiss Confederation, and who, by virtue of international treaties with the European Union, have the right to free movement;

7. accredited as members of foreign diplomatic, consular and trade representative offices, as well as representatives of international organizations in the Republic of Bulgaria;

8. officially accredited to the Republic of Bulgaria correspondents of foreign media;

9. enjoying the rights under Art. 29, para. 3 of the Asylum and Refugees Act;

10. seeking asylum or international protection - for labour activities, organized in the centres of the State Agency for Refugees at the Council of Ministers;

11. enjoying the rights under Art. 44a, para. 4, of the Foreigners in the Republic of Bulgaria Act - until expulsion is carried out.

12. (new - SG 24/2018, in force from 23.05.2018) enjoying the rights under Art. 25 of the Combating Human Trafficking Act.

(2) (Amend. - SG 24/18, in force from 23.05.2018) The employment of family members under para. 1, items 2, 5 and 6, as well as that of persons under par. 1, items 9, 11 and 12, shall be declared in an order determined with the regulation on the implementation of the act.

(3) (Suppl. - SG 24/18, in force from 23.05.2018) A third-country worker, posted or sent to the Republic of Bulgaria by his/her foreign employer for a period of up to three months within 12 months, can perform certain tasks without a work permit and on the basis of a single registration in the Employment Agency.

(4) (Suppl. - SG 24/18, in force from 23.05.2018) A third-country worker, posted or sent to the Republic of Bulgaria by his/her foreign employer for a period of up to 6 months within 12 months, can perform certain tasks, related to the control and coordination of the implementation of a contract for travel services between a foreign tour operator and a Bulgarian tour operator or a hotelier, without a work permit and on the basis of a single registration in the Employment Agency.

(5) The terms and conditions for registration under para. 3 and 4 shall be determined with the regulation on the implementation of the act.

Art. 10. (1) (Suppl. - SG 24/18, in force from 23.05.2018) Within 7 days from the date of actual commencement of work by the third-country national, the employer shall inform in writing the General Labour Inspectorate Executive Agency.

(2) A third-country worker, when employed or admitted, shall be requested by the employer to present a valid residence permit document and a notarized copy of it in safekeeping for the duration of the employment or admission.

(3) (Amend. and suppl. - SG 24/18, in force from 23.05.2018) The conditions under para. 1 and 2 shall also apply with regard to posted or sent third-country workers and employees by the local entity who has admitted them.

(4) (Amend. - SG 24/18, in force from 23.05.2018) Upon early termination of employment for the third-country worker or of the posting or sending in the context of the provision of services, the employer or the local entity who has admitted the worker shall notify in writing the Employment Agency within three days from the date of termination of employment.

Art. 11. (1) The Executive Director of the Employment Agency shall refuse to provide the decision under Art. 7, para. 3 when:

1. the provisions of Art. 7, para. 1 and 7, and Art. 8, para. 1, have not been followed;

2. the procedures, specified in the regulation for implementation of the act, have not been followed;

3. the employer has enacted penal provision in a previous two-year period for using the labour of a foreigner with no right of access to the labour market or for hiring of a foreigner residing illegally;

4. (amend. - SG 24/18, in force from 23.05.2018) the employer, on their own initiative, over the last three months, has let go from their jobs Bulgarian nationals, nationals of a EU Member State, of a country-party to the Agreement on the European Economic Area or of the Swiss Confederation or third-country nationals with rights equal to theirs under Art. 9, para. 1, items 2-6 third-country nationals who may be employed at that workplace, for which it is required to hire a third-country worker;

5. there are grounds under Art. 10 of the Foreigners in the Republic of Bulgaria Act;

6. (amend. - SG 24/18, in force from 23.05.2018) the employer has, within the previous one year prior to filing the application for a decision, a penal provision entered into force under Art. 75a, Para. 2, Art. 76, Para. 2 and 3, and Art. 77, Para. 1 and 2;

7. (amend. and suppl. - SG 24/18, in force from 23.05.2018) the employer has filed a notification by the order of Art. 24 of the Employment Promotion Act with the Employment Agency for a mass dismissal of workers and employees of the same categories, occupation and skill level, for which he wants to hire third-country workers within the previous 6 months prior to submitting the application;

8. the employer has financial obligations within the meaning of Art. 162, para. 2 of the Tax-Insurance Procedure Code, established by an act entered into force of a competent body, except where a rescheduling or deferral of duties or financial obligations has been allowed, related to the payment of social insurance contributions;

9. the employer does not pursue an economic activity or the activity is terminated through liquidation or bankruptcy;

10. (amend. - SG 24/18, in force from 23.05.2018) the third-country worker has been sanctioned for illegal employment activity in a previous 5-year period or, according to provided documents, has worked illegally in the Republic of Bulgaria during a previous stay or at the time of submitting the application;

11. the Minister of Labour and Social Policy has imposed restrictions on access of third-country nationals to the labour market in accordance with Art. 3, para. 2.

12. (new - SG 24/18, in force from 23.05.2018) the requested duration exceeds the maximum permissible total duration without interruption in the territory of the Republic of Bulgaria under Art. 7, Para. 5 or for the respective type of permit;

13. (new - SG 24/18, in force from 23.05.2018) the employer has an effective penal decree under Art. 128, item 2 of the Labour Code in the previous 12 months prior to submitting the application.

(2) (Amend. - SG 24/18, in force from 23.05.2018) Paragraph 1, items 1, 2, 3 and 5 - 13 shall also apply in cases of posting or sending of third-country workers and employees.

(3) (New - SG 24/18, in force from 23.05.2018) The Executive Director of the Employment Agency shall refuse to register the employment of third-country nationals in the cases under Para. 1.

(4) (Previous Para. 3, amend. - SG 24/18, in force from 23.05.2018) The refusals under para. 1, 2 and 3 may be appealed under the Administrative Procedure Code.

Art. 12. (1) The right of access to the labour market of third-country workers may be withdrawn when:

1. it is established that false data has been presented for the provision of the decision under Art. 7, para. 3;

2. (suppl. - SG 24/18, in force from 23.05.2018) controlling bodies of the Ministry of Labour and Social Policy find that the employment of a third-country national does not correspond to the stated in the decision under Art. 7, para. 3 position, place of work, employer or local entity who has admitted to work a posted or sent third-country worker or employee;

3. the residence permit of the third-country worker has not been issued or has been withdrawn under the order of the Foreigners in the Republic of Bulgaria Act.

(2) The terms and conditions for withdrawal of the right of access to the labour market of third-country workers shall be determined with the regulation for implementation of the act.

Art. 13. (1) Prohibited shall be the hiring of illegally residing on the territory of the Republic of Bulgaria third-country nationals.

(2) In case an employer hires an illegally residing on the territory of the Republic of Bulgaria third-country national in violation of the prohibition under para. 1, he/she shall owe them the agreed remuneration, but not less than the minimum working wage, established for the country or for the respective business activity, for a period of three months, unless the employer or the employee can prove a different duration of employment. The payment shall be due and may be sought under the Civil Procedure Code even after the national has returned to the country of his or her habitual residence, including the costs of the payment transfer.

(3) If the employer fails to pay the obligation under para. 2, the hired third-country national, illegally residing in the territory of the Republic of Bulgaria, may lodge a claim against him, including when he or she has returned or has been returned to the country of his or her habitual residence, within a three-year term under the Civil Procedure Code.

(4) Due shall be the respective taxes and mandatory social insurance contributions, provided for employed persons under Bulgarian legislation, on the paid remuneration under para. 2.

(5) (Repealed - SG 24/18, in force from 23.05.2018)

Art. 14. (1) The Minister of Labour and Social Policy may, when deemed appropriate and to promote investments in the Republic of Bulgaria, allow access to the labour market in separate cases beyond the restrictions of Art. 7, para. 1, item 2.

(2) With regard to the permit under para. 1, the Minister of Labour and Social Policy shall demand opinions from the respective government authorities and the representative organizations of employers and of workers and employees at national level, of creative unions, sports federations and national sports organizations, of the local authorities.

(3) The Employment Agency shall publish on its website updated information on the permits under para. 1.

Section II.
Single Permit for Residence and Work

Art. 15. (1) (Amend. - SG 24/18, in force from 23.05.2018) The single permit for residence and work shall be issued by the Ministry of Interior in accordance with Art. 24i of the Foreigners in the Republic of Bulgaria Act and shall contain the decision granted by the Executive Director of the Employment Agency under Art. 7, para. 3.

(2) (Amend. - SG 24/18, in force from 23.05.2018) The decision under Para. 1 shall be provided within 20 days, subject to the requirements of Art. 7, Para. 1 for third-country nationals who:

1. apply for a residence permit for the purpose of work, or

2. hold a valid residence permit for the territory of the Republic of Bulgaria for purposes other than employment.

(3) (Amend. - SG 24/18, in force from 23.05.2018) The term of the decision under para. 1 may be extended for up to 12 months under the conditions of Art. 7, Para. 5 where there is no interruption of employment.

(4) To provide the decision under para. 1, the provisions under Art. 7, para. 1, items 1 and 2 shall not apply for employment of:

1. (Repealed - SG 24/18, in force from 23.05.2018)

2. foreigners, whose employment in the country stems from the fulfillment of international treaties, to which the Republic of Bulgaria is a party;

3. guest lecturers, lecturers and teachers in Bulgarian higher education establishments and high schools with a decision of the respective academic councils of the higher education establishments and of the regional inspectorates of the Ministry of Education and Science;

4. actors-performers within the meaning of Art. 74 of the Copyright and Related Rights Act with proven professional competence - upon confirmed interest in them being employed by the Ministry of Culture;

5. athletes and coaches in sports clubs upon confirmed interested in hiring them by the Bulgarian national sports federations and unions due to their special personal qualities and high level of professional knowledge and skills.

(5) (Amend. and suppl. - SG 24/18, in force from 23.05.2018) Access to the labour market for persons under para. 4 may be extended even after the expiry of the period of employment under Para. 3, without applying the condition under Art. 5, Para. 2.

Art. 16. This Section shall not apply to third-country nationals who:

1. (amend. and suppl. - SG 24/18, in force from 23.05.2018), are posted or sent in connection with the provision of services - for the period of posting or sending;

2. (amend. - SG 24/18, in force from 23.05.2018) have received a permit for a person transferred in an intra-corporate transfer;

3. have been granted a seasonal worker permit;

4. have obtained a permit for self-employment in the Republic of Bulgaria;

5. (new - SG 24/18, in force from 23.05.2018) have been granted a residence permit and work type "Blue Card of the European Union";

6. (previous item 5 - SG 24/18, in force from 23.05.2018) have been admitted as researchers for the purposes of conducting a research project on a hosting agreement with a research organization.

Section III.
Blue Card of the European Union

Art. 17. (1) The authorisation for residence and work of the type "European Union Blue Card" shall be issued by the Ministry of Interior in accordance with Art. 33j, para. 1 of the Foreigners in the Republic of Bulgaria Act and shall contain the decision granted by the Executive Director of the Employment Agency under Art. 7, para. 3.

(2) (Amend. - SG 24/18, in force from 23.05.2018) The decision under para. 1 shall be provided within 15 days of submission of the application in accordance with Art. 7, para. 1, items 3 and 4 where:

1.the third-country worker has the necessary competence for the job - higher education qualifications attested by a diploma, certificate or other document issued by a competent authority after training of at least three years and conducted by an educational institution recognized as a higher education establishment by the respective country;

2. the gross monthly salary specified in the employment contract of the third-country worker is at least 1.5 times higher than the average salary in the Republic of Bulgaria according to the data available for the last 12 months prior to the conclusion of the employment contract.

(3) (suppl. - SG 97/17) The decision under para. 1 shall be provided for the duration of the employment contract, which is not shorter than 12 months.

(4) (amend. - SG 97/17) Upon reaching the maximum term under Art. 33j, para. 2 of the Foreigners in the Republic of Bulgaria Act, the decision under para. 1 shall be granted by the order of para. 2.

(5) (new - SG 97/17) When applying for initial access to the labor market and for renewing the Blue card of European Union the requirement under Art. 5, para. 2 does not apply.

Art. 18. (Repealed - SG 24/18, in force from 23.05.2018)

Art. 19. (Amend. - SG 24/18, in force from 23.05.2018) Family members of a EU Blue Card holder shall be entitled to work under an employment relationship and to carry out self-employed activity in the Republic of Bulgaria for the period of residence of the card’s holder in accordance with the requirements of Art. 33j, para. 3 of the Foreigners in the Republic of Bulgaria Act with a decision of the Executive Director of the Employment Agency on access to the labour market under this act.

Art. 20. (1) During the first two years of highly qualified employment, the EU Blue Card holder can exercise activities meeting the conditions under which the EU Blue Card was issued, only on the territory of the Republic of Bulgaria.

(2) (suppl. - SG 97/17) For the period under para. 1, the EU Blue Card holder can change employer only after receiving a written decision from the Employment Agency under terms and conditions determined by the regulation for implementing the act - until reaching the maximum term under Art. 33j, para. 2 of the Foreigners in the Republic of Bulgaria Act.

(3) (new - SG 97/17) After the term under par. 1 holder of the European Union Blue Card may change his/her employer under the conditions and by the order of Art. 17.

Art. 21. (1) If left unemployed, the EU Blue Card holder shall have the right within three months to seek and to begin work in compliance with the requirements of Art. 20, para. 2.

2) In the circumstance under para. 1, the EU Blue Card holder shall register in the Employment Agency within 7 working days and may use mediating employment services under the Employment Promotion Act.

(3) Until decision on the change of employer is announced, the circumstance under para. 1 shall not represent grounds for the Employment Agency to propose withdrawal of the EU Blue Card.

(4) The right under para. 1 may be invoked only once within the period of validity of the EU Blue Card.

(5) (Amend. - SG 24/18, in force from 23.05.2018) Where the holder of the European Union Blue Card has made use of its rights under Para. 1 and 2, and has not started work, as well as when the provisions of para. 4 are not observed, the Employment Agency shall prepare a reasoned proposal to the Ministry of Interior for withdrawal or non-renewal of the EU Blue Card.

Art. 22. Third-country nationals who have violated the requirements of Art. 20 and 21 may have their EU Blue Card withdrawn or may be refused its renewal pursuant to the Foreigners in the Republic of Bulgaria Act and the regulation on its implementation.

Art. 23. This Section shall not apply to third-country nationals who:

1. are admitted as researchers for the purposes of conducting a research project on a hosting agreement with a research organization;

2. (amend. and suppl. - SG 24/18, in force from 23.05.2018) are posted or sent in the context of the provision of services - for the duration of the posting or sending;

3. have obtained a seasonal worker permit;

4. have obtained authorization to carry out self-employed activity in the Republic of Bulgaria.

5. (new - SG 24/18, in force from 23.05.2018) have received permission for a person transferred in an intra-corporate transfer.

Section IV.
Seasonal employment

Art. 24. (1) The authorization for a seasonal worker permit shall be issued by the Ministry of Interior in accordance with Art. 24j of the Foreigners in the Republic of Bulgaria Act and shall contain the decision provided by the Executive Director of the Employment Agency under Art. 7, para. 3.

(2) (Amend. - SG 24/18, in force from 23.05.2018) The decision under para. 1 shall be given within 10 days of applying for seasonal work for a period of 90 days up to 9 months within the calendar year.

(3) (suppl. - SG 97/17, suppl. - SG 24/18, in force from 23.05.2018) Seasonal work of up to 90 days without interruption during the calendar year in accordance with Art. 24k of the Foreigners in the Republic of Bulgaria Act shall be registered by the Employment Agency based on a declaration submitted by the employer and under the terms and conditions determined in the Regulations for the Application of the Act.

(4) (new - SG 97/17) In the cases under the Art. 24j, para. 4 of the Foreigners in the Republic of Bulgaria Act the decision under para. 1 shall be granted under an accelerated procedure under the terms and conditions determined in the Regulations for the Application of the Act.

Art. 25. (1) The Minister of Labour and Social Policy shall approve a List of economic sectors with activities, whose implementation depends on the seasonal changes.

(2) The list under para. 1 shall be drafted only once after consultation in the National Council for labour migration and labour mobility, and the European Commission shall be notified.

(3) In case of change in the economic sectors, the list under para. 1 may be amended and supplemented in accordance with para. 2, for which the European Commission shall be notified.

(4) The decision of Art. 24, para. 1 shall be granted only for activities included in the List under para. 1, where the provisions of Art. 7, para. 1, items 1 and 2 shall not apply.

Art. 26. Should the application for provision of decision under Art. 24, para. 1 be rejected through the fault of the employer, the latter shall owe the third-country national compensation according to the Bulgarian legislation.

Art. 27. (1) Transport costs from the place of origin of the seasonal worker to his or hers workplace in the Republic of Bulgaria shall be borne by the employer. The employer shall bear the costs for the return trip as well.

(2) Borne by the employer shall be the mandatory health insurance and social insurance of the seasonal worker.

(3) The employer shall not be reimbursed by the seasonal worker for the expenses under para. 1 and 2 and the expenses cannot be deducted from the worker’s wage.

Art. 28. (1) The employer shall submit to the Employment Agency evidence that the seasonal worker will be provided with an appropriate accommodation meeting all health and safety standards, until the expiration of the contract’s term.

(2) The accommodation under para. 1 shall be arranged by or through the employer.

(3) The seasonal worker shall conclude a contract for rent for the accommodation.

(4) The rent of the accommodation under para. 1 shall be consistent with the remuneration of the seasonal worker and with the quality of that accommodation, and shall not be automatically deducted from his or her wage.

(5) The employer shall notify the Employment Agency of any change of circumstances under para. 1-4.

(6) Upon inspection of the circumstances under para. 1-4, the General Labour Inspectorate Executive Agency shall have the right to access the accommodation of the seasonal worker with his or her consent.

Art. 29. (amend. - SG 97/17) (1) In cases under Art. 24j, para. 7 of the Foreigners in the Republic of Bulgaria Act, seasonal worker may change his/her employer once in accordance with Art. 24, para. 1 for term up to 9 months within the calendar year as from the date of issue of the initial seasonal worker permit without applying the requirement under Art. 5, para. 2.

(2) In cases under Art. 24j, para. 7 of the Foreigners in the Republic of Bulgaria Act, seasonal worker may continue to work for the same employer or to change employer under the order of para. 1.

Art. 29a. (new - SG 97/17) (1) In cases under Art. 24k of the Foreigners in the Republic of Bulgaria Act, seasonal worker may continue to work with a permit under Art. 24, para. 1 for term up to 9 months within the calendar year as from the date of the initial registration of employment may continue to work for the same employer or to change employer without applying the requirement under Art. 5, para. 2.

(2) (Amend. - SG 24/18, in force from 23.05.2018) In the cases under para. 1, the Executive Director of the Employment Agency provides the decision under Art. 24, para. 1 after an employer's application.

(3) The application under para. 2 shall be submitted no later than 14 days before the expiry of the term of registration of the seasonal employment under Art. 24, para. 3.

Art. 30. This Section shall not apply to third-country nationals who:

1. (amend. and suppl. - SG 24/18, in force from 23.05.2018) are carrying out activities on behalf of enterprises established in another Member State in the framework of provision of services within the meaning of Art. 56 of Treaty on the Functioning of the European Union, including when they are posted or sent by enterprises established in a EU Member State;

2. (suppl. - SG 24/18, in force from 23.05.2018) together with their family members, and irrespective of their nationality, enjoy the right of free movement in the European Union and in the European Economic Area, including as a result of European Union agreements with third countries.

3. are admitted as researchers for the purposes of conducting a research project on a hosting agreement with a research organization;

4. have obtained authorization to carry out self-employed activity in Bulgaria.

5. (new - SG 24/18, in force from 23.05.2018) have been granted a residence permit and work type "Blue Card of the European Union";

6. (new - SG 24/18, in force from 23.05.2018) have been granted a permit for a person transferred in an intra-corporate transfer.

Section V.
Intra-corporate transfer

Art. 31. (1) (Amend. - SG 24/18, in force from 23.05.2018) The authorization for a person, transferred during intra-corporate transfer, with the right of extended residence shall be issued by the Ministry of Interior in accordance with Art. 33o of the Foreigners in the Republic of Bulgaria Act and shall contain the decision provided by the Executive Director of the Employment Agency under Art. 7, para. 3.

(2) Upon delivery of the decision under para. 1, provisions of Art. 7, para. 1, items 1 and 2 shall not apply.

(3) The decision under para. 1 shall entitle the third-country worker to carry out employment activity on the territory of Bulgaria only for a particular host enterprise or a group of enterprises, and only for the positions manager, specialist or trainee employee.

(4) The host enterprise shall notify the Employment Agency of any change relating to the procedure for granting the decision under para. 1.

Art. 32. (1) (Amend. - SG 24/18, in force from 23.05.2018) Working conditions for third-country workers corporate transferees shall be determined under the terms and conditions for posted or sent workers and employees in the context of the provision of services in the Republic of Bulgaria.

(2) The third-country worker may carry out employment activity in the territory of the Republic of Bulgaria on the basis of extended residence permit for the purpose of intra-corporate transfer for a period of:

1. three years - for those working as managers and specialists;

2. one year - for those working as trainee employees.

Art. 33. (Amend. - SG 24/18, in force from 23.05.2018) Family members of the intra-corporate transferee shall be entitled to have access to employment and carry out self-employed activity in the territory of the Republic of Bulgaria for the period of residence of the intra-corporate transferee in accordance with the requirements of Art. 33p of the Foreigners in the Republic of Bulgaria Act, with a decision of the Executive Director of the Employment Agency on access to the labour market under the provisions of this act.

Art. 34. The Executive Director of the Employment Agency shall refuse to provide the decision under Art. 31, para. 1 when the presented documents show that the host enterprise was created with the sole purpose of facilitating the transfer of third-country workers for the purposes of intra-corporate transfer.

Art. 35. (Amend. - SG 24/18, in force from 23.05.2018) This Section shall not apply to third-country nationals who:

1. apply for asylum or international protection, or benefit from temporary protection;

2. exercise their right of free movement within the European Union and the European Economic Area;

3. are posted or sent in the context of the provision of services - for the duration of the posting or sending;

4. are authorized to carry out self-employed activity in the Republic of Bulgaria;

5. have been granted a European Union Blue Card residence and work permit;

6. have been granted a permit for a seasonal worker;

7. are admitted as researchers for the purposes of conducting a research project on a hosting agreement with a research organization.

8. are admitted to full-time education at a higher education institution, or undergo a short-term practical training as part of the education.

Section VI.
Employment of researchers, students and trainee employees

Art. 36. (1) (Amend. - SG 24/18, in force from 23.05.2018) Third-country nationals who are admitted as researchers and have a contract with a scientific research organization to carry out a scientific research in the framework of a research project, shall work, including academic work, on the territory of the Republic of Bulgaria without a work permit - for the duration of the project and with an authorized stay under Art. 24b, Para. 1 of the Foreigners in the Republic of Bulgaria Act.

(2) (New - SG 24/18, in force from 23.05.2018) Third-country nationals who have been admitted as researchers in another Member State of the European Union, a state party to the European Economic Area Agreement, or to the the Swiss Confederation, may exercise employment, including academic work, on the territory of the Republic of Bulgaria without a work permit subject to the requirements of Art. 24b, Para. 7 and 9 of the Foreigners in the Republic of Bulgaria Act.

(3) (New - SG 24/18, in force from 23.05.2018) Upon completion of the research project under Para. 1, the third-country national shall be entitled, within 9 months, to seek and start work, and to use employment mediation services under the Employment Promotion Act - after submitting an application for registration to the Employment Agency within 7 working days.

(4) (Previous Para. 2, suppl. - SG 24/18, in force from 23.05.2018) The cases under Para. 1 and 2 shall be registered with the Employment Agency by the host research organization.

(5) (New - SG 24/18, in force from 23.05.2018) The contract under Para. 1 shall contain conditions for the conduct and completion of the research, including in the territory of other second Member States, when planned.

Art. 37. (Amend. - SG 24/18, in force from 23.05.2018) Family members of a third-country research worker shall be entitled to employment and carry out self-employment activity in the territory of the Republic of Bulgaria for the period of residence of the research worker under the requirements of Art. 24b, para. 7 of the Foreigners in the Republic of Bulgaria Act, by decision of the Executive Director of the Employment Agency on access to the labour market under this act.

Art. 38. (1) Third-country nationals who are full-time students at a higher education establishment in the Republic of Bulgaria can pursue short-term employment upon registration by the employer at the Employment Agency within 7 days of its beginning, in compliance with requirements of Art. 24c of the Foreigners in the Republic of Bulgaria Act:

1. up to 20 hours a week during the school year, and

2. during officially declared vacations at the respective higher education establishment.

(2) (Amend. - SG 24/18, in force from 23.05.2018) After completing the training under Para. 1, the third-country national may enjoy the rights under Art. 36, Para. 3.

Art. 38a. (New - SG 24/18, in force from 23.05.2018) (1) Third-country nationals, who have been admitted as trainees under employment contracts with a condition of internship with a local employer, shall exercise employment in the territory of the Republic of Bulgaria without work permits for the duration of the internship and with an authorized stay under Art. 24c, Para. 1 of the Foreigners in the Republic of Bulgaria Act.

(2) The employment contract under Para. 1 shall contain a programme of the internship and conditions for conducting theoretical and practical training.

(3) The cases under Para. 1 shall be registered at the Employment Agency by the employer who is to conduct the internship.

Art. 39. The terms and conditions for registration under this Section shall be determined with the regulation on implementation of this act.

Art. 39a. (New - SG 24/18, in force from 23.05.2018) This section shall not apply to third-country nationals who:

1. apply for asylum or international protection, or benefit from temporary protection;

2. together with their family members and regardless of their nationality, exercise their right to free movement in the European Union and the European Economic Area, including such arising from European Union agreements with third countries;

3. have been granted a residence permit and work permit type "Blue Card of the European Union";

4. have been granted an intra-corporate transferee permit;

5. have been granted a seasonal worker permit;

6. have been posted or sent as part of the provision of services - for the period of posting or sending;

7. have been granted a permit for self-employment in the Republic of Bulgaria.

 

Section VII.
Work permit

Art. 40. (1) The Executive Director of the Employment Agency shall issue authorization for work at the request of a local employer or of the local entity hiring a third-country worker or employee, posted or sent, on the basis of which the Ministry of Interior shall issue an extended residence permit according to Art. 24, para. 1, item 1, of the Foreigners in the Republic of Bulgaria Act.

(2) The work permit under para. 1 shall be issued for:

1. posted or sent third-country workers and employees in the context of the provision of services in the Republic of Bulgaria;

2. family members of a third-country national who have been granted extended residence permit pursuant to Art. 24, para. 1, item 13 of the Foreigners in the Republic of Bulgaria Act;

3. other cases with the purpose of employment of third-country nationals not covered by in this Chapter.

(3) The work permit under para. 1 shall be issued in compliance with Art. 7, para. 1, item 4, within 30 days after the expiry of the term under Art. 7, para. 3, in a form approved by the Minister of Labour and Social Policy.

(4) The terms and conditions for the issuance, rejection and withdrawal of work permits of third-country nationals in the Republic of Bulgaria shall be determined with the regulation on implementation of the act.

Art. 41. (1) The work permit under Art. 40, para. 1 shall be issued for a period of one year.

(2) The term under para. 1 for those working under an employment relationship may be extended, if the conditions for the initial issuance are still present.

(3) The term under para. 1 for posted or sent workers and employees may be extended as an exception with up to 12 months if the activity requires exceeding of the originally announced duration.

(4) (amend. - SG 97/17) To issue and obtain extension of the permit, the employer or the local entity hiring the persons under Art. 40, para. 2, items 1 and 2, shall pay the fee in amount of BGN 400.

(5) To re-issue the permit under Art. 40, para. 1 due to loss, damage or destruction of documents, a fee shall be paid in the amount of BGN 200.

Art. 42. The Executive Director of the Employment Agency shall refuse to issue or extend the permit under Art. 40, para. 1 when:

1. the grounds of Art. 11 are present;

2. the requirements established with other regulations for the exercise of the particular profession by a foreigner in the country have not been met;

3. the third-country worker is imposed a restriction for visa issuance and for entry into the country pursuant to Art. 10 of the Foreigners in the Republic of Bulgaria Act.

Art. 43. (1) The permit under Art. 40, para. 1 shall be withdrawn with a decision of the Executive Director of the Employment Agency when:

1. it is established that false data has been provided for the issuance of the permit;

2. (suppl. - SG 24/18, in force from 23.05.2018) the controlling bodies of the Ministry of Labour and Social Policy find that employment of the third-country worker does not correspond to the information stated in the permit as position, place of work, employer or entity admitting a posted or sent third-country worker or employee;

3. the residence permit of the third-country worker to reside in the country has not been issued or has been withdrawn under the Foreigners in the Republic of Bulgaria Act;

4. the third-country worker is imposed a restriction for visa issuance and for entry into the country pursuant to Art. 10 of the Foreigners in the Republic of Bulgaria Act.

(2) When the work permit has been withdrawn under para. 1, items 1 and 2, the Employment Agency shall inform the third-country national, the Ministry of Interior, the Ministry of Foreign Affairs and the State Agency for National Security.

(3) Within three days of the notification under para. 2, the third-country national must return the work permit at the Employment Agency.

(4) The decision to issue a work permit shall be cancelled when the fee for the permit issuance has not been paid within one month of receipt of the notification.

Section VIII.
Permit to carry out self-employed activity (in force from 01.01.2017)

Art. 44. (in force from 01.01.2017) (1) The Executive Director of the Employment Agency shall issue a permit for conducting self-employed activity by a third-country national upon presenting a detailed plan of the activity for the term of the permit, based on which the Ministry of Interior shall issue an extended residence permit or a long-stay visa in accordance with Art. 24a of the Foreigners in the Republic of Bulgaria Act.

(2) The permit to carry out self-employed activity under para. 1 shall be issued within 30 days after the expiration of the term under Art. 7, para. 3, on a form approved by the Minister of Labour and Social Policy, subject to Art. 7, para. 1, items 1 and 4.

(3) The terms and conditions for the issuance, rejection and withdrawal of a permit to carry out self-employed activity of third-country nationals in the Republic of Bulgaria shall be determined with the regulation on implementation of the act.

Art. 45. (in force from 01.01.2017) (1) The permit to carry out self-employed activity under Art. 44, para. 1 shall be issued for a period of up to one year.

(2) The term under para. 1 may be extended, if the conditions for the initial issuance are still present.

(3) (amend. - SG 97/17) To issue and extend the permit the applicant shall submit the fee in amount of BGN 400.

(4) To re-issue the permit under Art. 44, para. 1 due to loss, damage or destruction of documents, a fee shall be paid in the amount of BGN 200.

Art. 46. (in force from 01.01.2017) (1) Any change in personal data and circumstances declared in the application to carry out self-employed activity and in the attached documents, having occurred after commencing the activity, must be stated by the third-country national before the Employment Agency within 7 days of the occurred change.

(2) The Executive Director of the Employment Agency shall approve changes in the plan of the activity in the event that they would not adversely affect the activity itself and the commitments made in the plan by the third-country national.

(3) No change in the scope of activity shall be allowed for the period for which the permit for carrying out self-employed activity was initially issued.

(4) Third-country national who falls in temporary difficulty or inability to carry out self-employed activity shall notify the Employment Agency within 7 days.

Art. 47. (in force from 01.01.2017) Refused shall be the issuance or extension of a permit to carry out self-employed activity by third-country nationals in the following cases:

1. the third-country national has not submitted the necessary documents;

2. the presented activity plan or the report on its implementation have not been justified or the economic or social effect has not been proven;

3. the submitted documents show that the third-country national intends to perform work under an employment contract;

4. the third-country national has submitted documents before the expiry of 12 months from the date of the withdrawal of a previous permit to carry out a self-employed activity;

5. the third-country national has not fulfilled his or her obligations under the Code of Social Insurance and tax obligations;

6. the third-country national is imposed a restriction on visa issuance and entry into the country pursuant to Art. 10 of the Foreigners in the Republic of Bulgaria Act.

Art. 48. (in force from 01.01.2017) (1) The permit of a third-country national to carry out self-employed activity shall be withdrawn with a decision of the Executive Director of the Employment Agency when:

1. it is established that, in order to have the permit issued, the third-country national has declared false personal data or has not notified the Employment Agency of the change under Art. 46, para. 1 and 2 within 7 days of the occurred change;

2. the Executive Director of the Employment Agency does not approve the change under Art. 46, para. 2;

3. the third-country national becomes insolvent;

4. within the last 12 months, the difficulties or inability to perform the activities has continued for more than:

a) three months, if the third-country national has been carrying out self-employed activity in the territory of the Republic of Bulgaria less than two years;

b) six months, if the third-country national has been carrying out self-employed activity in the territory of the Republic of Bulgaria for two years or more;

5. the supervisory authorities of the Ministry of Labour and Social Policy establish gross or systematic violation of labour legislation in respect of employees hired in the implementation of the activity;

6. the third-country national is imposed a compulsory administrative measure under the Foreigners in the Republic of Bulgaria Act;

7. the residence permit of the foreigner in the country has not been issued or has been withdrawn under the Foreigners in the Republic of Bulgaria Act.

(2) When the permit to carry out self-employed activity under para. 1, items 1 and 6 is withdrawn, the Employment Agency shall inform the third-country national, the Ministry of Interior, the Ministry of Foreign Affairs and the State Agency for National Security.

(3) Within three days of the notification under para. 2, the third-country national shall return the permit to carry out self-employed activity to the Employment Agency.

(4) The decision to issue a permit to carry out self-employed activity shall be cancelled when the fee for the permit issuance has not been paid within one month of receipt of the notification.

Chapter three.
EQUAL TREATMENT

Art. 49. (1) (Suppl. - SG 24/18, in force from 23.05.2018) Citizens of another EU Member State, of a state - party to the Agreement on the European Economic Area, or of the Swiss Confederation who have exercised their right to free movement, including when posted or sent as part of the provision of services, during their stay in the Republic of Bulgaria shall have all the rights and obligations under Bulgarian laws and international treaties, to which the Republic of Bulgaria is a party, except for those which require Bulgarian citizenship.

(2) Third-country nationals, holders of the single residence and work permit, EU Blue Card holders and seasonal worker permit holders shall be equal to Bulgarian nationals in respect of:

1. the access to information about vacant jobs announcements;

2. the use of mediation in information and employment;

3. working conditions, including in terms of pay, working hours and rest periods, termination of employment, the minimum age for employment, participation in collective labour bargaining;

4. safety and health at work;

5. the conditions for access, subordination of duties and the use of social insurance rights within the European Union legislation;

6. the access to goods and services, including public;

7. education and vocational training;

8. recognition of diplomas for completed education;

9. recognition of certificates and other evidence of formal qualifications in accordance with the Recognition of Professional Qualifications Act;

10. payment of acquired statutory old-age, disability and death pensions, related to income to do with previous employment, at the amount applicable under the law of the Member State or of the Member States - debtors when moving to a third country, without prejudice of Regulation (EU) № 1231/2010 of the European Parliament and of the Council of 24 November 2010 to extend of scope of Regulation (EC) № 883/2004 and Regulation (EC) № 987/2009 regarding third-country nationals who are not yet covered by these regulations solely on the ground of their nationality (OJ, L 344/1 of 29 December 2010), as well as of the existing bilateral agreements with third countries; the same shall apply with respect to payments to surviving spouses;

11. freedom of association, affiliation and membership in organizations of workers and employees or employers, as well as in professional and union organizations, including with regard to privileges granted by such membership, unless Bulgarian citizenship is required by law, statute or another regulation, without prejudice to public order and public security;

12. the rights for tax relief under the terms and conditions of the Income Taxes on Natural Persons Act.

(3) (New - SG 24/18, in force from 23.05.2018) The rights under Para. 2 shall also benefit the members of families under Art. 9, Para. 1, items 2, 3, 5 and 6.

(4) (Previous Para. 3 - SG 24/18, in force from 23.05.2018) Within the scope of para. 2, item 5 shall not be included the family allowances and unemployment benefits, when the permit is issued for employment for up to nine months.

(5) (Previous Para. 4 - SG 24/18, in force from 23.05.2018) The conditions under para. 2 shall not prevent the imposition of administrative compulsory measures under Chapter Five of the Foreigners in the Republic of Bulgaria Act.

Art. 50. (1) The rights under Art. 49, para. 2 shall also be enjoyed by third-country nationals with authorized long-term or permanent residence in the Republic of Bulgaria under the Foreigners in the Republic of Bulgaria Act.

(2) When using the right under Art. 49, para. 2, item 7, included shall be the access to scholarships in the order for Bulgarian citizens.

Art. 51. (1) The rights under Art. 49, para. 2 shall also be enjoyed by family members of EU Blue Card holders who usually reside in the territory of the Republic of Bulgaria.

(2) When moving to another EU Member State, the enjoyment of the rights under Art. 49, para. 2, items 1- 5 shall be suspended upon receiving a EU Blue Card or another residence permit by the next Member State or on the expiry of the period of stay in Bulgaria.

Art. 52. (1) Seasonal workers shall enjoy their right under Art. 49, para. 2, item 7 only with regard to the seasonal work, for which they have obtained permits under Section IV.

(2) Tax relief under Art. 49, para. 2, item 12 shall not apply in cases where the registered or usual place of residence of the family members of a seasonal worker, for whom the latter submits the respective declaration for implementation of relief, is outside of the territory of the Republic of Bulgaria.

Art. 53. (1) With respect to the terms and conditions of employment in the Republic of Bulgaria, the third-country workers corporate transferees shall enjoy the right to equal treatment with the posted workers and employees in the context of the provision of services.

(2) Third-country nationals under para. 1 shall be equal to Bulgarian citizens in respect of the rights under Art. 49, para. 2, items 4-10.

Art. 53a. (New - SG 24/18, in force from 23.05.2018) (1) Enjoying the rights under Art. 49, Para. 2 shall also be holders of long-term residence permits as researchers, university students, interns, students and volunteers.

(2) The tax relief under Art. 49, Para. 2, item 12 shall not apply where the registered or habitual place of residence of the members of the family of a scientist, for whom he submits the relevant declaration, is outside the territory of the Republic of Bulgaria.

Art. 54. (Amend. - SG 24/18, in force from 23.05.2018) (1) Enjoying the rights under Art. 49, Para. 2, items 3 - 9 shall also be:

1. the foreigners who have obtained a work permit or a permit to work as a freelancer;

2. the foreigners under Art. 9, Para. 3 and 4, as well as under Art. 24, Para. 3 in cases of short-term employment registration.

(2) From the rights under Art. 49, Para. 2, items 3 - 6, 8 and 9 shall also benefit foreigners with access to the labour market under international agreements concluded on the grounds of Art. 62.

 

Chapter four.
LABOUR MOBILITY IN THE EUROPEAN UNION

Art. 55. (1) The right of free movement of Bulgarian workers within the European Union territory, in the European Economic Area or the Swiss Confederation, and workers - nationals of another EU Member State, a country - party to the Agreement on the European Economic Area or the Swiss Confederation, on the territory of Bulgaria shall be guaranteed by Art. 45 of the Treaty on the Functioning of the European Union and shall be implemented in accordance with Regulation (EU) № 492/2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union (OJ, L 141/1 of 27 May 2011).

(2) Nationals of another EU Member State, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation who have exercised their right to free movement in Bulgaria may seek protection under the statutory procedure in cases in which they have been:

1. harmed as a result of unjustified restrictions and obstacles to exercise their right to free movement;

2. affected by the infringement of the principle of equal treatment to them, even after the relationship in which allegedly restrictions, obstacles or discrimination had occurred, has been terminated.

(3) (Suppl. - SG 24/18, in force from 23.05.2018) To implement the rights of persons under para. 1, the Ministry of Labour and Social Policy and the Employment Agency shall cooperate with the respective government institutions of the other countries – EU Member states, of countries - parties to the Agreement on the European Economic Area or of the Swiss Confederation, including implementing Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European Job Mobility Network (EURES), access for workers to mobility services and further integration into labour markets and amending Regulations (EU) № 492/2011 and (EU) № 1296/2013 (OJ, L 107/1 of 22 April 2016).

 

 

Art. 56. (1) The Ministry of Labour and Social Policy shall plan, coordinate and, through the Employment Agency, carry out the promotion activity, analysis, monitoring and support of the equal treatment of workers from the European Union and of the members of their families while exercising their right to free movement.

(2) The Employment Agency shall provide timely clear, free, easily accessible, detailed and updated information on all the rights and obligations concerning the free movement of workers in more than one of the official languages of the European Union institutions.

Art. 57. All questions related to workers exercising their right of free movement shall be discussed in the National Council on labour migration and labour mobility.

Art. 58. (1) (Amend. and suppl. - SG 24/18, in force from 23.05.2018) The terms and conditions on posting or sending of workers from the EU Member States, from the countries - parties to the Agreement on the European Economic Area or from the Swiss Confederation shall be determined by the ordinance under Art. 5, Para. 3.

(2) The terms and conditions for the exercise of a regulated profession in the Republic of Bulgaria by nationals of countries – EU Member States, of countries - parties to the Agreement on the European Economic Area or of the Swiss Confederation, in labour relationship or self-employed persons shall be determined in accordance with the Recognition of Professional Qualifications Act.

Art. 59. (1) Bulgarian nationals and nationals of another EU Member State, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation, who have exercised their right to free movement within the Republic of Bulgaria territory, can use mediation services for employment under the Employment Promotion Act.

(2) (Amend. - SG 24/18, in force from 23.05.2018) The terms and conditions for conducting mediation in employment in other countries by mediators shall be determined with the ordinance under Art. 28, para. 8 of the Employment Promotion Act.

 

Chapter five.
BILATERAL REGULATION OF EMPLOYMENT WITH THIRD COUNTRIES

Art. 60. By virtue of this Act, Bulgarian nationals can work in another country in accordance with its national legislation and/or in terms and conditions governed by an international treaty for the exchange of workforce, to which the Republic of Bulgaria is a party:

1. (suppl. - SG 24/18, in force from 23.05.2018) by concluding a contract with an employer from the respective state, including through an intermediary under the Employment Promotion Act;

2. (suppl. - SG 24/18, in force from 23.05.2018) by being posted or sent by their employer;

3. within an intra-corporate transfer to a third country.

Art. 61. Employers and intermediaries under Art. 60 shall not agree working conditions and wages for Bulgarian nationals below the minimum for the host country in accordance with the country’s national legislation.

Art. 62. (1) The Minister of Labour and Social Policy shall negotiate and, based on a decision by the Council of Ministers, conclude international agreements regulating labour migration with third countries, as well as in the field of employment.

(2) Contracts under para. 1 may be concluded with third countries where there is mutual interest and taking into account the development of EU policy towards third countries and EU-wide initiatives, to which the Republic of Bulgaria has acceded.

(3) In order to guarantee the social rights of workers and employees of both the contracting sides, the contracts under para. 1 shall be concluded with priority with countries, with which bilateral contracts on social insurance have been signed or negotiations are underway for contracts to be concluded.

(4) The Minister of Labour and Social Policy shall provide guidance on the implementation of international treaties in the field of employment, to which the Republic of Bulgaria is a party, if they do not provide otherwise.

Chapter six.
LABOUR AND SOCIAL AFFAIRS SERVICES

Art. 63. The Ministry of Labour and Social Policy shall cooperate with the respective institutions of other countries in the field of labour and social insurance relations on:

1. the national labour and social insurance legislation and the legislation on hiring foreigners;

2. the hired Bulgarian nationals on the territory of the respective country and the nationals of the respective country employed in the Republic of Bulgaria;

3. the established breaches of the terms and conditions of employment, including during mediation and bilateral contracts for employment and regulating the labour migration;

4. the identified cases of illegal employment activities and abuse of social rights of Bulgarian nationals in the territory of the respective country and of nationals of the respective country in the territory of the Republic of Bulgaria.

Art. 64. (1) To implement the activities under Art. 63 and to protect the rights of Bulgarian workers in other countries, the Ministry of Labour and Social Policy shall maintain and develop a network of offices on labour and social issues in their respective overseas missions of the Republic of Bulgaria.

(2) The offices under para. 1 shall be opened following a proposal of the Minister of Labour and Social Policy after consultation with the Minister of Foreign Affairs.

(3) In the offices under para. 1 shall work employees posted for a long term from the Ministry of Labour and Social Policy with a temporary diplomatic rank under the Diplomatic Service Act, selected after a competition in the terms and conditions set out in the regulation for the implementation of this act.

(4) In carrying out of their specific activities, the offices under para. 1 shall be headed by the Minister of Labour and Social Policy in coordination with the Minister of Foreign Affairs.

(5) The terms and conditions for carrying out the activities of the offices on labour and social issues shall be determined with an act by the Minister of Labour and Social Policy upon agreement with the Minister of Foreign Affairs.

Chapter seven.
STATISTICAL DATA

Art. 65. (1) The Republic of Bulgaria shall provide to the European Commission statistical data on the number of third-country workers who have been allowed access to the labour market for the first time, and also on the number of third-country nationals whose permits have been extended or withdrawn. Data shall be provided as per the respective categories of workers for whom it is provided for in the Directives in the field of labour migration.

(2) Data under para. 1 shall be provided classified under citizenship, period of validity of the permit and economic sector.

(3) Data under para. 1 shall be provided to the European Commission by six months after the end of the respective year in accordance with Regulation (EC) № 862/2007 of the European Parliament and of the Council of 11 July 2007 concerning Community statistics on migration and international protection and on repealing Regulation (EEC) № 311/76 of the Council on preparing the statistics on foreign workers (OJ, L 199/23 of July 31 2007) and shall refer to reference periods of one calendar year.

(4) In order to provide statistical data under para. 1 and 2, the Employment Agency and the Ministry of Interior shall provide the National Statistical Institute all necessary initial data.

Chapter eight.
REPORTING

Art. 66. (1) (Amend. - SG 24/18, in force from 23.05.2018) The Republic of Bulgaria shall submit reports to the European Commission, when required, on the implementation of the regulations and directives on labour migration and labour mobility within the deadlines provided for therein.

(2) (Amend. - SG 24/18, in force from 23.05.2018) Reporting under para. 1 shall also include a detailed assessment of the proper functioning of the scheme for mobility within the European Union, of the possible abuse of this scheme and its interaction with the Schengen acquis.

 

Chapter nine.
CONTROL

Art. 67. (1) The Minister of Labour and Social Policy shall exercise overall control over adherence to the act.

(2) The specialized activity of control shall be carried out by the General Labour Inspectorate Executive Agency under the Minister of Labour and Social Policy.

Art. 68. (1) The controlling bodies of Art. 67, para. 2 shall be entitled:

1. to visit at any time the places where work is performed or occupation exercised, or being used by workers and employees, as well as to ask of persons who are located within their territory to identify themselves with personal documents;

2. to obtain from the inspected persons and entities written explanations and information, as well as certified copies of all required documents and reports;

3. to be informed directly by workers and employees on all matters related to the exercise of control, to require them to declare in writing the facts and circumstances relating to the work performed, including data on remuneration and the grounds for the stay of foreigners .

(2) The controlling bodies of Art. 67, para. 2 shall be obliged:

1. to check the received signals for violations under the rules and conditions laid down in the Bulgarian legislation;

2. not to divulge information constituting state, official or commercial secret which have become known to them in connection with the exercise of control;

3. not to use the acquired information for their own or for others' benefit;

4. to keep secret the source, from which they received a signal for violation.

(3) In establishing violations containing data of a committed crime, the control bodies shall inform the prosecution.

Art. 69. (1) (Amend. and suppl. - SG 24/18, in force from 23.05.2018) Employers, officials, workers and employees, local entities who have admitted to work posted or sent workers and employees from the EU Member States, or from third-countries, shall assist the controlling bodies in carrying out their functions.

(2) In case of violations of this act and of the international treaties under Art. 62, the employers, workers and employees, employers’ organizations and of the workers and employees shall be entitled to inform the General Labour Inspectorate Executive Agency pursuant to the Labour Code.

Art. 70. (1) Illegally employed third-country nationals and seasonal workers may, personally or through persons or legal entities authorized by them, notify the General Labour Inspectorate Executive Agency for violations of Art. 13, para. 1, committed by their employer.

(2) Third parties who have a proven legitimate interest in complying with Art. 13, para. 1, shall have the right to engage on behalf or in support of an illegally employed third-country national and a seasonal worker, with their consent, in the administrative and civil proceedings, provided for under this Act and under the Administrative Violations and Penalties Act.

(3) The provision of assistance under para. 1 and 2 of third-country nationals who are illegally employed shall not be considered as facilitation of unauthorized residence.

(4) The authorization under para. 1 and the consent under para. 2 shall be in writing with notarized signatures.

Art. 71. (1) Based on the risk assessment, the General Labour Inspectorate Executive Agency shall exercise control over the employment of foreigners.

(2) The risk assessment under para. 1 shall be carried out with a view to identifying economic activities and sectors where there is or is likely to be performed hiring of illegally residing foreigners.

(3) The risk assessment under para. 1 shall be based on an analysis of available data on the supply and demand of labour force, including of foreigners, under activities and sectors, the level of proposed payment, registered violations and other data which can reflect on identifying violations of the ban on Art. 13, para. 1.

(4) The risk assessment under para. 1 can also be carried out in respect of illegal employment of legally residing foreigners in the Republic of Bulgaria.

Art. 72. (1) The General Labour Inspectorate Executive Agency may apply the following administrative measures of compulsion:

1. (amend. and suppl. - SG 24/18, in force from 23.05.2018) to issue mandatory instructions to employers, officials, local entities who have admitted to work posted or sent workers and employers of the EU Member States, or from third-countries, so as to stop the violations under this Act;

2. to stop the execution of unlawful decisions or orders of employers or officials in the field of employment under this Act;

3. (amend. and suppl. - SG 24/18, in force from 23.05.2018) to issue mandatory instructions to employers, appointing authorities, officials and local entities who have admitted to work posted or sent workers and employers of the EU Member States, or from third-countries, so as to remove violations, related to the assigning in the payroll ledger and the payment of amounts for remuneration which are below the minimum adopted for the country for the respective category of workers;

4. to give mandatory instructions to an employer who has hired an illegally residing in the territory of the Republic of Bulgaria foreigner, for assigning and giving the payments due to him or her under Art. 13.

(2) Upon implementation of the compulsory administrative measures, the controlling bodies of the Labour Inspectorate shall not be liable for damage caused.

(3) The compulsory administrative measures under para. 1 may be appealed under the Administrative Procedure Code and the appeal does not suspend their implementation.

Art. 73. (Suppl. - SG 24/18, in force from 23.05.2018) In the event where the employer acts as a subcontractor, the contractor – with the employer as his direct subcontractor - and any subsequent contractor who also has the employer as his subcontractor, may be liable alongside with the employer or instead of the employer regarding all obligations under the law, when it is established by an act of a competent authority that they have known about the violations towards posted or sent workers or employees, towards seasonal workers, towards employed foreigners, illegally residing on the territory of the Republic of Bulgaria, and they have failed to inform the controlling bodies.

Art. 74. The General Labour Inspectorate Executive Agency shall maintain on its website an updated list of employers to whom an administrative penalty is imposed for hiring illegally residing foreigners within the last five years.

Chapter ten.
ADMINISTRATIVE-PENAL PROVISIONS

Art. 75. (1) Physical and/or legal entities who do not fulfil a mandatory prescription of the controlling bodies under Art. 72, para. 1, shall be imposed a fine, respectively a proprietary sanction ranging from 1 500 to 10 000 BGN, and for a repeated offense - from 3 000 to 20 000 BGN.

(2) (Amend. and suppl. - SG 24/18, in force from 23.05.2018) Employers, officials or physical entity, local entity who has admitted to work posted or sent EU Member States workers and employees, or from third-countries, who unlawfully preclude the controlling bodies from carrying out their duties shall be imposed a fine, respectively a proprietary sanction ranging from 10 000 to 20 000 BGN, unless subject to a more severe penalty.

Art. 75a. (New - SG 24/18, in force from 23.05.2018) (1) Any third-country foreigner, who works or has been admitted as a person posted or sent to the Republic of Bulgaria within the provision of services without the corresponding permit or registration with the Employment Agency, shall be punished with a fine from BGN 500 to 5 000.

(2) The penalty under Para. 1 shall also be imposed on any employer - a natural person, for whom a foreigner works, or who has accepted legally-staying foreign third-country nationals, without the corresponding permit or registration with the Employment Agency, and on any employer - legal entity a proprietary sanction shall be imposed amounting from BGN 2 000 to 20 000, unless subject to more severe punishment.

(3) The penalty under Para. 1 shall also be imposed in cases where labour activity is carried out under the conditions of Art. 24, Para. 3 by any foreigner holding a short-stay visa on grounds other than seasonal work.

(4) Where the violations under Para. 1 and 2 are repeated, a fine shall be imposed between BGN 1 000 to BGN 10 000, and legal persons shall be subject to a pecuniary sanction in the amount from BGN 4 000 to BGN 40 000.

(5) The penalties under Para. 1 and 2 shall also be imposed in cases where labour force is provided under the conditions of Art. 8, Para. 1 by a foreigner who does not have access to the labour market.

(6) Penalties under Para. 2, 4 and 5 shall be imposed on the employer for any illegally employed legally residing foreigner.

Art. 76. (1) (Repealed - SG 24/18, in force from 23.05.2018)

(2) (Amend. - SG 24/18, in force from 23.05.2018) Any local person, who has taken in employment a worker or employee posted or sent from another Member State of the European Union, a state party to the Agreement on the European Economic Area or the Swiss Confederation, or taken a third country employee, thus violating the terms and conditions for posting or sending in the provision of services, a fine or pecuniary sanction shall be imposed of BGN 5 000 for each foreigner, and for a repeated offense - from BGN 5 000 to BGN 10 000.

(3) Employer who has failed to declare at the Employment Agency, within the statutory period, the employment of third-country nationals without granted permanent residence permits in the territory of the Republic of Bulgaria but members of Bulgarian citizens or of the European Union nationals, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation, and who, by virtue of international treaties with the European Union, are entitled to free movement, shall be imposed a fine, respectively a proprietary sanction amounting to 2 500 BGN, and for a repeated offense - from 2 500 to 5 000 BGN.

Art. 77. (1) (Amend. - SG 24/18, in force from 23.05.2018) Employer - a natural person who violates the prohibition of Art. 13, Para. 1 shall be liable to a fine from BGN 750 to 7 500, unless subject to a more severe punishment.

(2) (New - SG 24/18, in force from 23.05.2018) Where the violation under Para. 1 is carried out by an employer - a legal person, a pecuniary sanction shall be imposed from BGN 3 000 to 30 000.

(3) (New - SG 24/18, in force from 23.05.2018) Where the violations under Para. 1 and 2 are repeated, a fine from BGN 1 500 to BGN 15 000 shall be imposed, and legal persons shall be subject to a pecuniary sanction from BGN 6 000 to BGN 60 000.

(4) (New - SG 24/18, in force from 23.05.2018) Penalties under Para. 1 - 3 shall be imposed on the employer for any illegally residing foreigner hired.

(5) (Previous Para. 2, amend. - SG 24/18, in force from 23.05.2018) Employers under Para. 2 shall not participate in the measures for promotion of employment under the Employment Promotion Act for a period of one year from the moment the violation has been established.

Art. 78. (1) In case when there is no other penalty provided for a violation of this act, the guilty persons shall be imposed a fine or a proprietary sanction ranging from 1 500 to 15 000 BGN.

(2) When the violation under par. 1 is repeated, a fine or a proprietary sanction shall be imposed ranging from 5 000 to 20 000 BGN.

Art. 79. (1) Violations of this Act shall be established by acts, issued by state controlling bodies.

(2) The act establishing administrative violation shall be served to the offender in person against a signature. Failing to serve it, it shall be mailed with registered mail with acknowledgment of receipt. In cases where the person is not found at their registered address, permanent address or address of employment, serving shall be carried out on the notice board and on the official website of the body under Art. 67, para. 2, where a notification shall be posted for the drawing up of the act subject to be served.

(3) In the cases under para. 2, second sentence, the act establishing the administrative violation shall be considered as served after the expiry of a 7-day term from the posting of the notification and its publication in the official website of the body under Art. 67, para. 2.

(4) The penal provisions shall be issued by the Head of the respective controlling body or by officials authorized by him/her according to the departmental affiliation of the authors of acts.

(5) Establishing the violations, issuance, appeal and fulfillment of penal provisions shall be carried out following the order of the Administrative Violations and Penalties Act insofar as this Act does not establish another order.

(6) The amounts collected from imposed fines and proprietary sanctions shall be administered by the General Labour Inspectorate Executive Agency.

Additional provisions

§ 1. For the purposes of this Act:

1. "Highly qualified employment" shall mean the employment of a person who possesses the necessary competence for the job - higher education qualifications, attested by a diploma, certificate or other document issued by a competent authority after training lasting at least three years, conducted by an educational institution recognized as a higher education establishment by the respective state.

2. "Second Member State" shall mean a Member State within the meaning of § 1, item 1c of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

3. "Intra-corporate transfer" shall mean a temporarily moving with the purpose of work or training of a third-country worker from an enterprise with registered office or management address outside of the territory of the Republic of Bulgaria, with which the national has signed an employment contract in a division of the enterprise or in an enterprise, belonging to the same group of companies, with headquarters or management address on the territory of the Republic of Bulgaria.

4. "Third-country national" shall mean a person who is not a citizen of the Republic of Bulgaria and is not a citizen of a Member State of the European Union or of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation.

5. "Group of enterprises" shall mean two or more associated enterprises where: one enterprise in relation to another, directly or indirectly, owns a predominant share of the listed capital of the second enterprise; controls the majority of the votes attached to the venture equity issued by the second enterprise; is entitled to appoint more than half the members of the administrative, management or supervisory body of the second enterprise or the enterprises are under the unified management of the parent company.

5a, (new - SG 24/18, in force from 23.05.2018) "Freelance activity" shall be the activity within the meaning of § 1, item 9 of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

5b. (new - SG 24/18, in force from 23.05.2018) "Volunteer" shall be a third-country national who is admitted to the territory of a Member State to participate in a volunteer program within the framework of the European Voluntary Service.

6. "Single application procedure" shall mean the procedure within the meaning of § 1, item 1f of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

7. "Single work and residence permit" shall mean the document within the meaning of § 1, item 1e of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

8. (suppl. - SG 24/18, in force from 23.05.2018) "Posted or sent worker or employee in the context of the provision of services" shall mean a worker, national of a EU Member State, or a third-country worker who, within a specified period, carries out work in the territory of the Republic of Bulgaria, specified in the employment contract with an employer, whose registered office is in another EU Member State or in a third country under the conditions of Art. 121a, Para. 1, item 2, letter "a" and Para. 2, item 2 of the Labour Code.

9. "Person of Bulgarian origin" shall mean a person within the meaning of § 1, item 6 of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

10. "Intra-corporate transferee” shall mean any third-country national who, at the time of applying for authorization of an intra-corporate transferee to reside and work, is residing outside of the Republic of Bulgaria territory.

11. "Local employer" shall mean an entity operating in the territory of the Republic of Bulgaria, registered under Bulgarian law or under the law of another Member State of the European Union, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation.

12. "Local entity who has admitted to work posted or sent workers or employees" shall mean an entity operating in the Republic of Bulgaria, registered under Bulgarian law or under the law of another Member State of the European Union, of a country - party to the Agreement on EEA or of the Swiss Confederation, and uses in its activities the services of posted or sent workers or employees of the EU Member States or of third countries.

12a. (new - SG 24/18, in force from 23.05.2018) "Research scientist" is a third-country national holding a doctorate or the necessary educational-qualification degree of higher education for access to doctoral programs, chosen by a research organization for the development of a research project, and who has been accepted on the territory of the Republic of Bulgaria for conducting research with the respective qualifications.

12b. (new - SG 24/18, in force from 23.05.2018) "Scientific research" is a creative process that is conducted systematically in order to increase the volume of knowledge, including the knowledge of man, culture and society, and the use of this knowledge pool in order to find its new applications.

12c. (new - SG 24/18, in force from 23.05.2018) "Scientific research organization" is a public or private organization which conducts scientific research and is established in accordance with the Bulgarian legislation.

13. "Illegal employment of third-country national" shall mean the employment of an illegal resident on the territory of the Republic of Bulgaria, as well as the hiring of or admitting to work a third-country national without proper permit or registration by the Employment Agency.

14. "Illegal resident" shall mean a person within the meaning of § 1, item 3b of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

14a. (new - SG 24/18, in force from 23.05.2018) "Educational project" is a set of educational activities carried out by a school on the territory of the Republic of Bulgaria in cooperation with similar schools in a third country in order to have exchange in the field of culture and knowledge.

15. "Repeated violation" shall mean the violation committed within one year from the entry into force of the act, with which a penalty has been imposed on the offender for the same kind of violation.

15a. (new - SG 24/18, in force from 23.05.2018) "Mediator" is a person within the meaning of Art. 27, Para. 2, items 2 and 3 of the Employment Promotion Act.

15b. (new - SG 24/18, in force from 23.05.2018) "Host organization" means a research organization, a higher education institution, a school, an organization responsible for a volunteer program, or an organization hosting interns, which are located in the territory of the Republic of Bulgaria and are established in accordance with the Bulgarian legislation.

16. "Host enterprise" shall mean a division of the enterprise or the enterprise which belongs to the same group of companies with headquarters or management address on the territory of the Republic of Bulgaria, where the third-country worker is moved during an intra-corporate transfer.

16a. (new - SG 24/18, in force from 23.05.2018) "Volunteer Program" is a program of practical united activity, recognized by the Republic of Bulgaria or the European Union and pursuing non-economic general interest objectives, with its activities being carried out free of charge and with the right to reimbursement, including daily subsistence allowances.

17. "First Member State" shall mean the Member State within the meaning of § 1, item 1b of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

18. "Intra-corporate transferee permit" shall mean the document within the meaning of § 1, item 1g of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

19. "Mobility permit in intra-corporate transfer" shall mean the document within the meaning of § 1, item 1h of the additional provisions of the Foreigners the Republic of Bulgaria Act.

20. "Seasonal Employment Permit" shall mean the documents under Art. 24j and 24k of the Foreigners in the Republic of Bulgaria Act.

21. "Seasonal Worker Permit" shall mean the document within the meaning of § 1, item 1i of the additional provisions of the Foreigners the Republic of Bulgaria Act.

22. "Regulated profession" shall mean the profession within the meaning of § 1, item 1 of the additional provisions of the Recognition of Professional Qualifications Act.

23. "Head" shall mean the person who occupies a senior-level position and works under the supervision of the owner or of a collective management body of the host enterprise where he/she:

a) manages the admitting enterprise or its administrative structure;

b) controls and supervises the work of another professional or managerial staff or of personnel, carrying out control functions;

c) makes recommendations on hiring, termination of employment relations and other actions concerning the rights and obligations of workers and employees.

24. "Seasonal worker" shall mean a third-country national who retains its principal place of residence in a third country and resides legally and temporarily in the Republic of Bulgaria in order to perform seasonal work, based on one or more fixed-term employment contracts, concluded directly with an employer, whose seat is in the Republic of Bulgaria.

25. "Seasonal work" shall mean work that depends on the change of seasons and is tied to a certain time of the year by repeating event or series of events linked to seasonal conditions, under which the need for workforce is significantly greater than for usual ongoing work.

26. " EU Blue Card" shall mean the document within the meaning of § 1, item 1d of the additional provisions of the Foreigners in the Republic of Bulgaria Act.

27. "Trainee employee" shall mean a person who has a university degree and is moved to the host enterprise for professional development or training in the field of business techniques or methods, and who is receiving payment for the period of transfer.

28. "Specialist" shall mean a person who works in the division of the enterprise or in an enterprise belonging to the same group of companies with headquarters or management address in the territory of the Republic of Bulgaria, and possesses specialized knowledge that are essential for areas of activity , techniques or management of the host enterprise.

28a. (new - SG 24/18, in force from 23.05.2018) "Intern" is a third-country national who holds a university degree or participates in an educational course for the acquisition of higher education in a third country, and who is admitted to the territory of the Republic of Bulgaria as part of an internship program to acquire knowledge, practical skills and experience in a given professional environment.

28b. (new - SG 24/18, in force from 23.05.2018) "University student" is a citizen of a third country within the meaning of Art. 66, Para. 2 and 3 of the Higher Education Act, who undergoes full-time training, which may include an introductory preparatory course and/or compulsory internship.

28c. (new - SG 24/18, in force from 23.05.2018) "Employment contract with internship condition" is the contract under Art. 233b of the Labour Code.

28d. (new - SG 24/18, in force from 23.05.2018) "School" is a public or private institution within the meaning of Art. 25, Para. 1 of the Preschool and School Education Act, which participates in a pupil exchange program or an educational project.

28e. (new - SG 24/18, in force from 23.05.2018) "Student" is a citizen of a third country within the meaning of Art. 173, Para. 1 of the Preschool and School Education Act, which is accepted on the territory of the Republic of Bulgaria in a school exchange program or educational project implemented by a school.

29. "Family members of a Bulgarian national" shall mean the persons under Art. 2, para. 6 of the Foreigners in the Republic of Bulgaria Act.

30. (suppl. - SG 97/16, amend. - SG 34/19) "Family members of a citizen of another EU Member State, of a country - party to the Agreement on the European Economic Area or of the Swiss Confederation" shall mean the persons under § 1, item 1 of the additional provision of the Act On Entering, Residing And Leaving The Republic Of Bulgaria By European Union Citizens And Their Family Members.

31. "Family members of third-country nationals" shall mean the persons under Art. 2, para. 3 of the Foreigners in the Republic of Bulgaria Act.

32. (new - SG 24/18, in force from 23.05.2018) "Members of the family of a foreigner with granted asylum or international protection" shall be the persons within the meaning of § 1, item 3 of the additional provisions of Asylum and Refugees Act.

33. (previous item 32 - SG 24/18, in force from 23.05.2018) "Foreigner" shall mean a person under Art. 2, para. 1 of the Foreigners in the Republic of Bulgaria Act.

§ 2. This act shall establish requirements of:

1. (suppl. - SG 97/17) Directive 2003/109/EC of the Council of 25 November 2003 concerning the status of long-term third-country residents (ОВ, L 16/44 of 23 January 2004);

2. (suppl. - SG 97/17) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of EU citizens and their family members to move and reside freely within the territory of the Member States, on amending Regulation (EEC) № 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC , 90/365/EEC and 93/96/EEC (ОВ, L 158/77 of 30 April 2004);

3. (suppl. - SG 97/17, repealed - SG 24/18, in force from 23.05.2018)

4. (suppl. - SG 97/17, repealed - SG 24/18, in force from 23.05.2018)

5. Directive 2009/50/EC of the Council of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OB, L 155/17 of 18 June 2009);

6. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 on provision of minimum standards for sanctions and measures against employers of illegally residing third-country nationals (OB, L 168/24 of 30 June 2009);

7. Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for third-country nationals for a single permit to reside and work in a Member State territory and on a common set of rights for third-country workers legally residing in a Member State (OB, L 343/1 of 23 December 2011);

8. Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and residence of third-country nationals with the purpose of employment as seasonal workers (OB, L 94/375 of 28 March 2014);

9. Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of the rights granted to workers in the context of free movement of workers (OB, L 128/8 of 30 April 2014);

10. Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals within an intra-corporate transfer (OB, L 157/1 of 27 May 2014).

11. (new - SG 24/18, in force from 23.05.2018) Directive 2016/801/EU of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of citizens of third countries for the purposes of conducting scientific research, study, internship, volunteering, pupil exchange programs or educational projects and work in au-pairs programs (OJ, L 132/21 of 21 May 2016).

 

Transitional and concluding provisions

§ 3. The proceedings started before the entry into force of this Act on sanctions imposed by the controlling bodies shall be finished under the order prevailing hitherto.

§ 8. This Act shall enter into force on 21 May 2016 with the exception of Section VIII of Chapter Two, which shall enter into force on 1 January 1 2017.

. . . . . . . . . . . . . . . . . . . . . . . . .

This Act was adopted by the 43rd National Assembly on 13 April 2016 and was stamped with the official seal of the National Assembly.

Transitional and concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE MINISTRY OF INTERIOR ACT

(PROM. - SG 97/12)

§ 55. Procedures started and not completed before the entry into force of this Act on granting of decisions and issuance of residence and work permits to citizens third-country nationals under the Foreigners in the Republic of Bulgaria Act and the Labour Migration and Labour Mobility Act shall be completed under the current order.

Concluding provisions
TO THE ACT AMENDING AND SUPPLEMENTING THE LABOUR MIGRATION AND LABOUR MOBILITY ACT

(PROM. - SG 24/18, IN FORCE FROM 23.05.2018)

§ 54. By May 23, 2018, at the proposal of the Minister of Labour and Social Policy, the Council of Ministers shall, in compliance with this Act, bring into force the rules for its implementation.

§ 55. This Act shall enter into force on May 23, 2018.

Last edited: 12.06.2019