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, "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. "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. "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. "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. "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. "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. "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. "Mediator" is a person within the meaning of Art. 27, Para. 2, items 2 and 3 of the Employment Promotion Act.
15b. "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. "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. "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. "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. "Employment contract with internship
condition" is the contract under Art. 233b of the Labour Code.
28d. "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."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. "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, who are not Bulgarian 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. "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."Foreigner" shall mean a person under Art. 2, para. 1 of the Foreigners in the Republic of Bulgaria Act.
34. "Employer" shall be
any natural person, body corporate or division thereof, as well as any other
organisationally and economically autonomous entity (enterprise, office,
organisation, cooperative, farm, establishment, household, association and the
like), that independently hires employees under employment relationships,
including outwork and remote work as well as sending on assignment at a user
enterprise;
35. "Enterprise"
shall be any place - enterprise, office, organisation, cooperative,
establishment, project and the like, where work against payment is done;
36. "Work
place" shall be any premises, workshop, room, location of a machine,
facility or another similar territorially defined place in an enterprise, where
an employee on assignment from the employer works in performance of his duties
under an employment relationship as well as any premises determined by a user
enterprise. In those cases where outwork or remote work is carried out, as
workplace shall be regarded the home of the worker or employee or other
premises chosen by them outside the enterprise;
37. "Working
hours/time" is every period, during which the worker or employee is
obliged to perform the work he/she has agreed to do.
38. "Temporary
work agency" means any natural or legal person that carries out business
activity and concludes employment contracts workers or employees in order to
assign them to user enterprises to work there temporarily under their
supervision and direction following a registration at the National Employment
Agency;
39. "User
enterprise" means any natural or legal person that carries out business
activity and under the supervision and direction of whom a worker or employee,
who has been sent by a temporary work agency, works.
;void(0);){kind=link}