LEGAL DEFINITIONS

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.

Last edited: 28.02.2019