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.
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