Posting of workers

The legal framework for posting in the framework of the provision of services is contained in EU and national legislation at various levels.

The main source in the EU secondary legislation is Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, coordinating the legislation of the Member States and introducing a "hard core" of mandatory rules for minimum protection to be observed in the host Member State by employers, posting workers and employees for temporary work on the territory of the Member State where the services are provided. To ensure the implementation of Directive 96/71/EC, Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) was adopted. This Directive introduces measures for enforcement and cooperation between the Member States to prevent, avoid and combat abuse and circumvention of the applicable rules by undertakings taking improper or fraudulent advantage of the freedom to provide services.

The Enforcement Directive on the posting of workers seeks to boost the rights of posted workers, make the cross-border provision of services easier and fight against social dumping. Its aim is to improve the application of existing rules, without changing them.

 

In the case of posting in the framework of the provision of services, in addition to the provisions of those Directives, the rules of Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 should also be observed in order to guarantee the right of persons working in the Community to be insured under the legislation of only one of the Member States in which they move, in this case - of the legislation of the sending State.

 

At national level, the basic legal framework for posting in the framework of the provision of services is contained in:

§  Art. 121а of the Labour Code

§  Art. 215, para. 2 of the Labour Code

§  Chapter XX of the Labour Code - „Administrative Cooperation through the Information System of the Internal Market and trans-border implementation of imposed financial administrative sanctions and fines, including fees

§  ORDINANCE ON THE CONDITIONS AND PROCEDURE FOR SENDING TO BUSINESS TRIPS WORKERS AND EMPLOYEES WITHIN THE FRAMES OF PROVISION OF SERVICES

Companies, established in an EU Member State, a State party to the Agreement on the European Economic Area, and the Swiss Confederation, shall notify the General Labour Inspectorate Executive Agency when posting workers or employees within the framework of the provision of services to the territory of the Republic of Bulgaria through a REGISTER / DECLARATION .

Last edited: 01.03.2019