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

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

Adopted by Council of Ministers Decree N 382 of 29.12.2016

Prom. SG. 2/6 Jan 2017, amend. and suppl. SG. 6/22 Jan 2021

Chapter one.
GENERAL PROVISIONS

Art. 1. (1) This Ordinance shall provide for the conditions and procedure for sending to business trips workers and employees in the meaning of Art. 121a of the Labour Code (LC).

(2) The Ordinance shall not apply to undertakings of the commercial fleet in relation to seafarers.

Chapter two.
SENDING TO BUSINESS TRIPS WORKERS AND EMPLOYEES FROM THE REPUBLIC OF BULGARIA TO ANOTHER EU MEMBER STATE, IN A STATE – PARTY TO THE EUROPEAN ECONOMIC AREA (EEA) AGREEMENT AND CONFEDERATION SWITZERLAND IN THE FRAMES OF PROVISION OF SERVICES

Art. 2. (1) (Suppl. - SG 6/21) In case of sending to business trips of workers and employees under Art. 121a, Para. 1, p. 1 of the LC and under Art. 107r, para. 4 of the LC, the employer and the worker or employee shall agree with an additional written agreement – amendment of the existing between them labour legal elation for the term of the business trip.

(2) The agreement under Para. 1 shall contain data about the parties and the reason for its signing and shall provide for:

1. the nature and place of work;

2. the term of the change of the labour legal relation by indicating the way and final date of the business trip;

3. (amend. - SG 6/21) the amount of the basic salary and additional labour remunerations;

4. the conditions for laying additional and night labour and the amount of its payment;

5. the period of the working day and the working week, of the day, between days and week rests, as well as the days of the official holidays in the hosting state;

6. the amount of the paid annual leave;

7. (new - SG 6/21) conditions for housing the worker or employee, when it is provided by the employer during the business trip;

8. (prev. item 7 - SG 6/21) the financial conditions of the business trip apart from those, indicated in p. 3 and 4;

9. (prev. item 8 - SG 6/21) the type of transport means and the itinerary.

(3) The trip days, the rest days and holidays shall be included in the term of the business trip.

Art. 3. (1) With sending workers or employees in the cases under Art. 121a, Para. 2, p. 1 of the LC, the undertaking, which provides temporary work and the worker or employee shall negotiate in the labour contract under Art. 107p, Para. 1 of the LC the work conditions for the worker or employee in the undertaking – user.

(2) The labour contract under Para. 1 shall contain data about the parties and shall provide for:

1. (amend. - SG 6/21) the amount of the basic and additional labour remunerations;

2. the conditions for paying additional and night labour and the amount of its payment;

3. the period of the working day and of the working week, of the day, between days and week rest, as well as the days of the official holidays in the hosing state;

4. the amount of the paid annual leave;

5. (new - SG 6/21) housing conditions for the worker or employee, when it is provided by the undertaking which provides temporary work during send-off;

6. (prev. item 5 - SG 6/21) financial conditions of the sending apart form those, indicated in p. 1 and 2.

Art. 4. (1) The trip money for the worker or employee for going to, and back form the place of work in the other state and for his return after expiry of the term of the business trip, as well as the trip money, related to using the paid annual leave for returning of the worker or employee and back to the place of work in the other state shall be paid by the employer.

(2) The trip may be carried out by plain, train, car, bus, ship or other road, air and sailing transport means.

(3) In case of travelling by plain, the worker or employee shall have the right to an economic class ticket, unless fulfilling urgent tasks, where the trip with a ticket of economic class is objectively impossible.

(4) While travelling by personal or official car, the worker or employee shall be paid the equivalence of the spent fuel on cost norms, determined by the producer of the motor vehicle and the corresponding fees for paid motor ways and parking, related to the car.

(5) Travelling money for a worker or employee shall not be paid, where he uses free travelling of another reason.

Art. 5. With the agreement under Art. 2, Para. 1 and in the labour contract under Art. 3, Para. 1 the parties may also agree upon payment of accommodation money.

Art. 5a. (New - SG 6/21) The employer or undertaking providing temporary work shall pay travel, subsistence and accommodation allowances in the amounts laid down in the legislation of the host Member State when the worker or employee performs part of his work outside the place to which he was originally posted or sent.

Art. 6. (1) The labour conditions, agreed under Art. 2, Para. 2 and Art. 3, Para. 2 shall not be less favorable for the worker or employee than the conditions, established in the hosting state by legal, legislative or administrative provisions, collective labour contracts, arbitration decisions, declared as commonly applicable under the relevant procedure, including in relation to health and safety conditions at labour, the conditions of work of minors, pregnant women, breast feeding women and persons with reduced capacity of work.

(2) (Amend. - SG 6/21) The employer or undertaking, which provides temporary work and the worker or employee shall not negotiate amount of labour remuneration under Art. 2, Para. 2, p. 3 or Art. 3, Para. 2 p. 1 lower than the established amount of the basic salary and additional labour remunerations, established for the same or similar work in the hosting state by legal, legislative or administrative provisions collective labour contracts, arbitration decisions, declared as commonly applicable under the relevant procedure.

(3) The elements of the labour remuneration under Art. 2, Para. 2, p. 3 or Art. 3, Para. 2, p. 1 shall be provided by the legislation of the hosting state.

(4) (Amend. - SG 6/21) The employer or the undertaking, which provides temporary work shall be obliged to charge and pay to the worker or employee the agreed labour remuneration, but not smaller than the established amount of the basic salary and additional labour remunerations, established for the same or similar work in he hosting state for the whole term of the business trip.

(5) Whole negotiating the labour conditions under Art. 2, Para. 2, and Art. 3, Para. 2, the principle of equal treatment of men and women and of other forms of discrimination shall be obligatorily observed.

Art. 7. Sending to business trips of worker or employee shall not be admitted where no agreement under Art. 2, Para. 1 or a labour contract under Art. 3, Para. 1 has not been signed.

Art. 8. The employer, or undertaking, which provided temporary work, shall in advance in writing acquaint the worker or employee with the work conditions in the hosting state, published on the single official national website of the relevant state, not later than one work day before the initial date of the business trip, or the date, defined for his stepping into work in the undertaking – user.

Chapter three.
SENDING TO BUSINESS TRIPS WORKERS AND EMPLOYEES FROM EU MEMBER STATES, FROM THE STATES - PARTIES TO THE EEA AGREEMENT AND FROM CONFEDERATION SWITZERLAND, OR FROM THIRD COUNTRIES TO THE REPUBLIC OF BULGARIA IN THE FRAMES OF PROVISION OF SERVICES

Art. 9. (1) (Suppl. - SG 6/21) The workers or employees sent to business trips on the territory of the Republic of Bulgaria under Art. 121a, Para. 1, p. 2 and Para. 2, p. 2 of the LC for up to 12 months shall work with provided at least the same minimal work conditions, as those, established by the Bulgarian legislation in force for workers and employees, performing the same or similar work in relation to:

1. the minimal period of the work week and the work day, the minimal period of the day, between days and week rest, as well as the days of the official holidays in the Republic of Bulgaria;

2. (amend. - SG 6/21) the basic amount of the work salary and additional labour remunerations;

3. the conditions for laying additional and night labor and the amount of its payment;

4. the minimal amount of the paid annual leave;

5. the healthy and safety conditions at work;

6. the special protection of minors, of pregnant women, of breast feeding women and person with reduced capacity of work;

7. not admitting discrimination;

8. (new - SG 6/21) the conditions for housing, when it is provided by the employer or the enterprise that provides temporary work;

9. (new - SG 6/21) travel, subsistence and accommodation allowances in the amounts according to the Ordinance on business trips inside the country or the Ordinance on official business trips and specialisations abroad, when the worker or employee performs part of his work outside the settlement to which he was originally posted or sent.

(2) (New - SG 6/21) The basic salary and the additional labour remunerations under para. 1, item 2 shall include all elements of the gross salary, defined in Art. 261 - 264 of the Labor Code and Art. 16, para. 2 of the Ordinance on the structure and organization of the salary, adopted by Decree â„– 4 of the Council of Ministers of 2007 (SG - 9 of 2007).

(3) (New - SG 6/21) In assessing compliance with the requirements of para. 1, item 2 shall be taken into account also all supplements, paid in accordance with the national legislation, generally applicable collective agreements or arbitration decisions of the Member State from which the employee is posted or sent, when such are not defined in Art. 16, para. 2 of the Ordinance on the structure and organization of the salary. In this case, paid travel, subsistence and accommodation allowances are not taken into account

(4) (Prev. para. 2 - SG 6/21) In case of installation and/or commissioning of supplied installations, where this is inseparable part of a supply contract, which are performed by a qualified worker, or employee of the supplying undertaking, the conditions under Para. 1, p. 2 – 4 shall not apply, where the worker or employee has been sent to business trip for not more than 8 calendar days.

(5) (Prev. para. 3, amend. - SG 6/21) Para. 4 shall not apply to activities in the area of construction under Annex No 1.

(6) (New - SG 6/21) When the duration of the posting or sending under Art. 121a, para. 1, item 2 and para. 2, item 2 of the Labor Code is more than 12 months, in addition to the ones indicated in para. 1 working conditions, after the twelfth month the worker or employee has the right to the minimum working conditions, established in the Bulgarian legislation for the employees performing the same or similar work, with regard to:

1. the compensations under Art. 213, 214, 216, 217, 218, 219 and 226 of the Labor Code;

2. the free food and / or the supplements to it;

3. the periodical medical examinations;

4. the free work and uniform clothes;

5. social and cultural services.

(7) (New - SG 6/21) For the posted and sent employees under Art. 121a, para. 1, item 2 and para. 2, item 2 of the Labor Code, the provisions for concluding and terminating the employment contract, as well as the rules for insurance in additional professional schemes shall not apply.

(8) (New - SG 6/21) The requirements under para. 6 shall also apply when the posted or sent worker or employee is replaced by another posted or sent worker or employee by the employer or the enterprise providing temporary work to perform the same task at the same place and the total duration of the posting or sending periods is more from 12 months. When assessing the performance of the same task at the same place, the nature of the work, the nature of the service provided, the user of the service and the address or addresses of the place of work shall be taken into account.

(9) (New - SG 6/21) When the need arises, the period of posting or sending of the persons under para. 1 to be prolonged for more than 12 months, the employer or the enterprise, which provides temporary work, may apply the conditions under para. 1, for a period not longer than 18 months after submitting a motivated notification to the Executive Agency "General Labor Inspectorate". The motivated notification shall be submitted before the expiration of the 12th month electronically through the unified national website under Art. 10.

(10) (Prev. para. 4, suppl. - SG 6/21) In the cases, where the Minister of Labour and Social Policy has spread the action of a collective labour contract under Art. 51b, Para. 4 of the LC, the employer shall apply in relation to the workers, or employees, sent to business trips the conditions of the collective labour contract, where they are more favorable than those, provided by Para. 1 and 6.

(11) (Prev. para. 5, amend. - SG 6/21) Where the conditions under Para. 1, 6 and 10, provided by the Bulgarian legislation are less favorable than those, provided by the legislation of the Member State, under whose legislation the employer of undertaking, which provides temporary work has been registered, the more favorable conditions for the worker or employee shall apply.

Art. 10. (1) General Labour Inspectorate Executive Agency shall maintain a single national website in the Bulgarian and the English languages, containing updated information about:

1. (amend. - SG 6/21) the work conditions under Art. 9, Para. 1, 6 and 10;

2. (amend. - SG 6/21) the obligations under Art. 12, Para. 1;

3. the responsibility in the chains of subcontractors under Art. 357, Para. 4 of the LC;

4. contact persons, who have been assigned with the processing of requests for provision of information;

5. (revoked - SG 6/21)

6. (new - SG 6/21) the elements from which the gross salary is formed, according to Art. 9, para. 2.

(2) The information under Para. 1 shall be provided in a way, which is accessible for disabled people.

(3) (New - SG 6/21) When the employer within the meaning of Art. 121a, para. 1, item 2 of the Labor Code or the enterprise that provides temporary work within the meaning of Art. 121a, para. 2, item 2 of the LC, has violated the requirements of the Bulgarian legislation due to the obsolescence of the information under para. 1, it shall be considered that the violation has been committed under mitigating circumstances.

Art. 11. The General Labour Inspectorate Executive Agency shall be the competent body for provision of information to sent inquiries on the applicable national law and legal practice in relation to the rights and obligations of undertakings, which sent to business trips workers or employees on the territory of the Republic of Bulgaria and of the sent to business trips workers or employees.

Art. 12. (1) The employer or undertaking, which provides temporary work from the Member State of third country or a person, authorized by him shall submit to the General Labour Inspectorate Executive Agency an application under Annex N 2, which shall contain data about:

1. the employer;

2. the worker or employee, sent to business trip;

3. the period, the beginning and end of the business trip;

4. the address/s of the work place;

5. the local person, accepting to work the worker or employee, sent to business trip;

6. the provided services, which concern the business trip;

7. the person, assigned to carry out contacts with the competent bodies in the Republic of Bulgaria and for sending and receiving documents;

8. the person, assigned for representative, through whom the relevant social partners may attract the employer for participation in a collective labour negotiation for the term of provision of services.

(2) The application under Para. 1 shall be submitted electronically through the single national website under Art. 10, Para. 1 by beginning of the provision of services, latest.

(3) The employer shall be obliged to notify immediately the General Labour Inspectorate Executive Agency about any change in the circumstances under Para. 1 with the exception of the data under p. 1, which are to be produced within 7 day term.

Art. 13. Where an employer or undertaking, which provides temporary work, established or performing activity under the legislation of a Member State, sends to business trip a worker or employee – citizen of a third country, he shall be admitted to work after issuing a permit for work under the conditions and procedure of the Labour Migration and Labour Mobility Act or a single permit for work in the EU, issued by another Member State.

Art. 14. (1) The employer under Art. 121a, Para. 1, p. 2 of the LC and the undertaking shall be obliged to produce to the local person, accepted to work a worker or employee, sent to business trip, copies on paper or electronic media of: the labour contracts or another document, certifying the labour legal relations under the legislation of the sending state; the documents, certifying the worked time, containing data for the beginning, end and period of the work time; the documents for paid labour remunerations or copies of equivalent documents, accompanied by a translation in the Bulgarian language.

(2) The local person shall be obliged to keep the documents under Para. 1 at a place, where the labour is laid by the worker or employee for the term of the period of the business trip.

(3) Upon request by the Labour Inspectorate Executive Agency , the employer under Art. 121a, Para. 1, p. 2 of the LC and the undertaking, which provides temporary work under Art. 121a, Para. 2, p. 2 of the LC shall be obliged to produce to it the documents under Para. 1 for performing a checkup within the term of up to 1 year after expiry of the business trip term.

Art. 15. (1) (Prev. text of Art. 15, suppl. - SG 6/21) The Executive Agency "General Labor Inspectorate" shall carry out an overall assessment of the actual posting or sending of the employee according to the criteria set out in Annex No 3.

(2) (New - SG 6/21) When it is established that the posting or sending is not valid, all the requirements of the Bulgarian legislation shall be applied to the employment relationship, when they are more favorable for the employee than the ones provided for in the legislation of the sending state.

Art. 16. The Labour Inspectorate Executive Agency shall perform risk assessment under the methodology of Annex N 4 on the basis of which it performs checkups in the relevant undertakings.

Art. 17. In case of found violations of the conditions under Art. 2, Para. 2, Art. 3, Para. 2 and Art. 9, Para. 1, the Labour Inspectorate Executive Agency shall notify immediately the competent body of the relevant state the whole information, related to the violation.

Additional provisions

§ 1. In the meaning of this Ordinance:

1. "Real sending to business trip in the frames of provision of services on the territory of the Republic of Bulgaria” is where a citizen of an EU Member State, of a state – party to the EEA Agreement or of Confederation Switzerland, or a third country performs within the certain period work on the territory of the Republic of Bulgaria, provided by the labour contract with an employer, whose central office and activity, different from purely internal managerial and/or administrative activity are on the territory of another state.

2. "Collective labour contracts or arbitration decision, which are declared as commonly applicable” are collective labour contracts or arbitration decision, which must be observed by all undertakings in the geographic region in the frames of the relevant profession or branch.

3. "Seafarer" is a person, under § 1, p. 15 of the Additional Provision of the Labour Code.

§ 1a. (New - SG 6/21) This Ordinance introduces the requirements of Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (ОВ, L 173/16 of 9 July 2018).

Transitional and concluding provisions

§ 2. By the construction of the single national website under Art. 10, Para. 1, the applications under Art. 12, Para. 1 shall be submitted on paper media to the relevant territorial directorate of the Labour Inspectorate Executive Agency of the working place of the worker or employee, sent to business trip.

§ 3. The employers and undertakings, which provide temporary work, which have sent workers and employees to business trips by the enforcement of this Ordinance, shall comply their labour legal relations with its provisions within the term of 30 days from its enforcement.

§ 4. The Ordinance shall be adopted pursuant to Art. 121a, Para. 8 of the LC and Art. 58, Para. 1 of the Act on Labour Migration and Labour Mobility

Transitional provisions
TO DECREE â„– 9 OF 15 JANUARY 2021 AMENDING AND SUPPLEMENTING THE ORDINANCE ON THE CONDITIONS AND PROCEDURE FOR SENDING TO BUSINESS TRIPS WORKERS AND EMPLOYEES WITHIN THE FRAMES OF PROVISION OF SERVICES ADOPTED BY DECREE â„– 382 OF THE COUNCIL OF MINISTERS OF 2016

(PROM. - SG 6/21)

§ 10. When the posting and sending of workers or employees on the territory of the Republic of Bulgaria under art. 121a, para. 1, item 2 and para. 2, item 2 of the Labor Code has started before the entry into force of the decree, the term under Art. 9, para. 6 shall be calculated from the starting date of the posting or sending.

Annex No 1 to Art. 9, Para. 5

(Prev. Annex No 1 to Art. 9, Para. 3 - SG 6/21)

 

Activities in the Area of Construction, to which Art. 9, Para. 4 Shall not Apply

The activities, to which Art. 9, Para. 4 shall not apply, shall include all construction works, referring to construction, repair, reconstruction, maintenance, change or destruction of buildings, including work related to:

1. digging works;

2. earthmoving;

3. factual construction works;

4. assembling, or dismantling panel elements;

5. finishing works or installations;

6. changes;

7. renewals;

8. repairs;

9. dismantling;

10. destruction;

11. maintenance;

12. maintaining, painting works and cleaning;

13. improvements.

Annex N 2 to Art. 12, Para. 1

 

APPLICATION

For sending to business trips of a worker or employee on the territory of the Republic of Bulgaria in the frames of provision of services

 

1.

by

 

(natural person, legal persons –according to the registration)

2.

Represented by:

 

(full name of owner, manager, executive director)

3.

Identification of number of the natural person or the legal person or number of a document, issued by a Member State or a third country, certifying the registration of the undertaking in the state, in which it is established

 

 

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

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

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

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

(identification number or number and type of the document)

4.

Central office and management address:

(according to the registration in a commercial or another public register in the relevant):

State: .........................................................................................

City/village. .................................................................................................

Str.. ..................................................................................... N ........

Post code:

5.

Correspondence address:

Tel. N for contacts/fax::

e-mail:

State/country: .........................................................................................

City/village. .................................................................................................

Str. ...................................................................................... â„– .........

Post code:

Tel:

fax:

e-mail:

6.

Expected number of workers or employees, sent to the business trip

 

 

7.

Data of the worker or employee, sent to business trip:

 

Full name:

Date of birth:

Place of birth:

Citizenship:

Passport/personal card N:

Permanent address:

Initial date of the business trip:

Final date of business trip:

Term of the business trip:

Address of the work place:

Data of the local person, accepting to work the sent worker or employee to business trip:

Nature of provided services/activity of the worker /employee sent to business trip:

 

8.

Contact person with the competent bodies in the Republic for receiving and sending documents

 

Full name:

UIN/PNF/date of birth:

Correspondence address:

Tel:

e-mail:

9.

Contact person – if needed – who acts as representative, through whom the relevant social partners may try to attract the employer to participation in collective labour negotiation for the term of the service provision

 

Full name:

UIN/PNF/date of birth:

Correspondence address:

Tel:

e-mail:

10.

Applicant:

 

11.

Date:

 

 

Annex N 3 to Art. 15

Criteria for Assessment of the Real Business Trip

1. For defining whether a certain undertaking performs activities, different from purely internal management and/or administrative activities , the Labour Inspectorate Executive Agency shall carry out a complete assessment of all the elements, which characterize the activities, performed by the undertaking in the state of establishment and if needed – in the hosting state, while taking in consideration the following circumstances for the period of 12 months before the date of the checkup:

a) the place, where the undertaking has registered its central office and management address, uses premises for its activity, pays taxes and contributions for social security and holds permit for performing professional activity, where such is required, or is registered to professional, or branch organization in the cases, provided by the law;

b) the place, where the workers or employees have been hired and from which they have been sent to business trips;

c) the applicable legislation in relation to the contracts, signed between the undertaking and its workers or employees – on one side and between the undertaking and its clients – on the other;

d) the place, where the undertaking performs substantial part of its economic activity and where its administrative staff works;

e) the number of the fulfilled contracts and/or the size of the turnover, performed in the state, under whose legislation the undertaking has been registered, while considering the specific situation of the newly established undertakings and the SMEs.

2. For determining whether a worker or employee, sent to business trip temporary performs his work in a Member State, other than that, in which he usually works, the following circumstances shall be taken in consideration:

a) if the work us performed for a restricted period in another Member State;

b) the initial date of the business trip;

c) of the business trip is performed in a Member State, other than that, ir form which the worker or employee, sent to business trip usually performs his work under Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ, L 177 of 04.07.2008);

d) if the worker or employee, sent to business trip returns or expects to return to work in the state, which has sent him to business trip after finishing the work or the provision of services;

e) the nature of the activities;

f) if the costs for transport and accommodation have been provided of are reimbursed by the employer, who sends the worker or employee to business trip, as well as the way of their reimbursement;

g) all the previous periods, during which the position has been occupied by the same or another worker or employee, sent to business trip.

3. The circumstance, that a certain situation does not respond to one or more of the factual elements, provided by p. 1 and 2 shall not mean automatically, that it is not sending to business trip. The assessment of these elements shall be estimated by the control bodies for each case, where in it the peculiarities of the situation shall be accounted for.

4. The control bodies, with the indicated criteria are to be led by the real circumstances, established during checks, related to performing the work, honesty and remuneration of the worker or employee, notwithstanding of the way in which the parties have defined the contractual relations in the signed between them contractual or non-contractual agreement.

Annex N 4 to Art. 16

Methodology for Performing the Risk Assessment

1. The risk assessment shall be performed by the Labour Inspectorate Executive Agency , where if needed, other external organizations and specialists shall be attracted.

2. On the basis of the performed risk assessment, the Labour Inspectorate Executive Agency shall plan the checkups in sites of control in which there are workers or employees sent to business trips.

3. Sources of information for the risk assessment shall be:

a) normative provisions;

b)results from the control activity in previous periods;

c) the Bulgarian and EU practices;

d) signals and appeals by workers or employees or their representatives;

e) information, provided by national services and institutions;

f) the information, provided by control bodies in other states;

g) data from the applications under Art. 10, Para. 1;

h) data for forthcoming construction of large infrastructure sites;

i) data for specific problems in concrete economy sectors;

j) any other information, useful for the risk assessment.

4. Risk assessment shall include the following stages:

a) identification of dangers from violations of the regime of the business trip;

b) defining the risk elements;

c) risk assessment;

d) drawing up plans for performing checkups.

5. identification of the risk and the sites of checkups shall include:

a) finding of:

aa) the possible violations during the business trip regime;

bb) the sites on which violations are possible to be committed;

b) regular study of all the aspects of the activity on the sites, which shall include:

ss) analysis of the basic activity of the undertaking;

bb) analysis of the activity, which will be performed by the workers, sent to business trip;

cc) analysis of the control activity in the site during previous periods;

dd) analysis of the control activity in the previous periods in the concrete economy sector, in which the undertaking is active;

ee) total number of workers and employees in the site;

ff) total number of the workers and employees, sent to business trips;

gg)average period of the business trip;

c) defining sites of potential risk of violations.

6. For the identified sites, defining the risk elements shall be performed, which shall include:

a) weight of the violation, which shall be estimated according to:

aa) the type of violation;

bb) the weight of the possible violation – of little importance, general and substantial;

cc) the number of workers or employees, whose rights may be violated;

b) possibility of the violation, which shall be estimated according to:

aa) frequency, continuity and specifics of the violation;

bb) the possibility of committing the violation.

7. With the risk assessment the need of performing checkups in sites, subject to control shall be established.

Last edited: 16.02.2021