The work of foreigners,
third-country nationals, in the Republic of Bulgaria is regulated in the Labour Migration and Labour Mobility Act (LMLMA), the Implementing Rules to the LMLMA, and the Act on Foreigners in the Republic of Bulgaria (AFRB). In accordance with the
LMLMA, access to the labour market to a third-country national shall be
allowed when she/he has an employment contract with a local employer; is
posted or sent in the context of the provision of services on the territory
of the Republic of Bulgaria; has been moved in an intra-corporate transfer;
carries out an activity as self-employed. When applying for initial access to
the labour market, the foreigner shall reside outside the territory of the
Republic of Bulgaria, except in the cases provided for by the LMLMA. Access
to the labour market of third-country workers shall be allowed when taking up
positions, which do not require Bulgarian citizenship. As
regards the issuing of the work permit/decision that is necessary to do work,
the competent authority is the National Employment Agency (NEA). The GLI EA
carries out specialized control activity related to the compliance with the
legislation, regulating the employment of foreign nationals. The NEA provides
information concerning all the documents, required for the submission of an
application for the provision of a decision for access to the labour market,
including the ensuing rights and obligations for third-country employees. The
terms and the procedure for issuance, renewal, refusal and withdrawal of the
decision of the NEA, shall be determined by the Regulation on Implementing
the LMLMA. Depending on the type of the work permit that is applied for (a
single residence and work permit, a Blue Card of the European Union, a
seasonal worker permit, intra-corporate transfer, a work permit, a permit to
conduct self- employed activity), to the NEA shall be submitted all the
necessary documents, specified in the Regulation on Implementing the LMLMA. Again,
depending on the type of the work permit applied for, the specific permit for
residence and work shall be issued by the Ministry of Interior (MoI) and it
contains the decision for access to the labour market issued by the NEA,
except for cases where the NEA has issued authorisation for work or authorisation
to conduct self-employed activity, on the grounds of which a permit for
residence is issued by the MoI. Art.
9 of the LMLMA specifies the cases where no permit for access to the labour
market shall be required for third-country workers, and Art. 8 specifies the
cases where third-country workers shall not have the right of access to the
labour market of the Republic of Bulgaria. Furthermore,
the LMLMA also makes provision for exceptions, where third-country workers
shall have their employment registered or declared, accordingly Sections VII
and VIII of the Regulation on Implementing the LMLMA specify also the
required documents for registration/declaration. In
§ 1, item 28a of the
Additional Provisions to the LMLMA, ‘a trainee employee’ shall be any
third-country citizen with higher education, or who participates in a
training course to acquire higher education in a third country, and who has
been accepted on the territory of the Republic of Bulgaria within the
framework of an internship programme to gain knowledge, practical skills and
experience under the conditions of the professional environment. In
accordance with Art. 38a of the LMLMA, third-country nationals, who have been
admitted as trainees under employment contracts with a condition of internship
(a contract pursuant to Art. 233b of the Labour Code) 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. The concluded employment contract shall contain a programme of
the internship and conditions for conducting theoretical and practical
training. |
More
information about the employment of foreigners, third-country nationals, on the
territory of the Republic of Bulgaria is available on the websites of the GLI
EA at: http://www.gli.government.bg and the NEA at: http://www.az.government.bg.