Compulsory
Administrative Measures
Labour Code
Art. 404. For prevention and
termination of violations of labour legislation, or of the legislation related
to the public service, as well as for prevention and elimination of damages
resulting thereof, the control bodies of the Labour Inspection, as well as the
bodies under Articles 400 and 401, by their own initiative or by proposal of
the trade union organisations, may apply the following compulsory
administrative measures:
1. to issue mandatory instructions
to the employers, user enterprises and appointing bodies and to the officials
for elimination of violations of labour legislation, of the legislation,
related to the state service, including their obligations with respect to
social and community services for employees, as well as for elimination of
flaws in providing safe and healthy working environment and for the obligations
for informing and consulting the workers and the employees under this code and
under the Act on Informing and Consulting Workers and Employees in
Multinational Undertakings, Groups of Undertakings and European Companies;
2. to suspend commissioning of
buildings, machines and facilities, production lines and projects, which
violate the regulations for healthy and safe working environment and social
services;
3. to halt the operation of
enterprises, production lines and projects, including construction or overhaul
thereof, as well as machines, facilities and work stations, whenever the
violation of the regulations for healthy and safe working environment are
hazardous to the life and health of people, to place a special sign indicating
the applied compulsory administrative measure, where in cases of unpermitted
removal, administrative penal liability shall be born;
4. to cancel the implementation
of unlawful decisions or orders of employers, of appointing bodies and
officials;
5. to suspend from work workers
and employees who are not familiar with the regulations for healthy and safe
work environment and do not have proper qualifications, and also employees
under 18 years of age, in respect of whom the permission to be employed under
Art. 302, Para 2 and Art. 303, Para 3 has been withdrawn;
6. to give prescriptions for
introduction of a special regime of safe work in case of a serious and
immediate danger for the life and health of the employees where it is
impossible to apply item 3;
7. for repeated violation of art.
62, Para. 1, to stop the activity of the working premises or of the enterprise
until the removal of the discrepancy;
8. to give compulsory
prescriptions to employers, to the appointing bodies and to the officials for
ceasing offence related to recording salaries in amounts lower than the amount
paid by the employer, respectively by the appointing body, to the employee for
his work; in case the prescription is not complied with within the time limit
indicated therein or in case of a repeated offence, the control bodies of the
Labour Inspection may suspend the activity of the enterprise until the offence
is ceased;
9. Where the circumstances
referred to in Art. 138, para 4 are present – to issue mandatory instructions
to employers, assignment authorities and officials concerning amendment of the
part-time employment contract to a normal working hours employment contract;
10. to provide mandatory
instructions to employers or to officials authorized by the latter to send
notifications of concluded employment contracts in case they find that the
deadline for sending thereof under Art. 62, para 3 has not been observed;
11. to provide mandatory
instructions to employers or to officials authorized by the latter to send
notices of deletion of notifications of concluded employment contracts under
Art. 62, para 3, which have been sent beforehand, in case they find that there
is no evidence available for the existence of employment legal relation;
12. to give mandatory
instructions to the employer and the appointing authority for the payment of
unpaid labour remunerations and compensations after termination of the
employment relationship.
(2) The Minister of Labour and
Social Policy shall define by an Ordinance the rules for placement and graphic
image of the sign under Para. 1 item 3
(3) Where the mandatory
instruction under Para. 1, item 1 and/or item 12 refers to remedying offenses
of the labour legislation and respectively of the legislation related to public
service, it may be issued upon request of the employee prior to bringing an
action before the court; after the action has been brought, the issue may only
be settled in court.
(4) Whenever, pursuant to the
preceding Para. 3, on the same issue there are both a mandatory instruction
issued and an effective court ruling which contradict each other, the ruling of
the court shall be valid.
(5) Mandatory instructions under
Para. 1, item 11 shall be considered delivered on the date of issuance thereof,
where the employer, their representative or the person authorized to receive
employer’s correspondence cannot be found at the registered address of the
employer.
(6) A copy of the effective
instruction under Para. 1, item 12 shall be provided by the control bodies to
the worker or employee upon the latter’s request.
(7) In enforcing the compulsory
administrative measures, the control bodies of the Labour Inspection shall not
be liable for any damages caused.
Appeal of Compulsory Administrative Measures
Art. 405. Compulsory
administrative measures under Para. 1 of the preceding Article may be appealed
pursuant to the Administrative Procedure code. An appeal shall not suspend the
execution of the compulsory administrative measure.
Labour Migration and
Labour Mobility Act
Art. 72. (1) The General Labour Inspectorate
Executive Agency may apply the following administrative measures of compulsion:
1. to issue mandatory instructions to
employers, officials, local entities who have admitted to work posted or sent
workers and employers of the EU Member States, or from third-countries, so as
to stop the violations under this Act;
2. to stop the execution of unlawful decisions
or orders of employers or officials in the field of employment under this Act;
3. to issue mandatory instructions to
employers, appointing authorities, officials and local entities who have
admitted to work posted or sent workers and employers of the EU Member States,
or from third-countries, so as to remove violations, related to the assigning
in the payroll ledger and the payment of amounts for remuneration which are
below the minimum adopted for the country for the respective category of
workers;
(3) The compulsory administrative measures
under para. 1 may be appealed under the Administrative Procedure Code and the
appeal does not suspend their implementation.
Art. 73. In the event where the employer acts
as a subcontractor, the contractor – with the employer as his direct subcontractor
- and any subsequent contractor who also has the employer as his subcontractor,
may be liable alongside with the employer or instead of the employer regarding
all obligations under the law, when it is established by an act of a competent
authority that they have known about the violations towards posted or sent
workers or employees, towards seasonal workers, towards employed foreigners,
illegally residing on the territory of the Republic of Bulgaria, and they have
failed to inform the controlling bodies.
Administrative Pecuniary
Sanctions (Fines)
Labour Code
Liability for
Violation of Normative Requirements for Healthy and Safe Working Conditions
Art. 413. (1) Whoever violates the regulations
for provision of a healthy and safe work environment shall be fined with BGN
100 to 500, unless liable to a heavier sanction.
(2) Any employer who fails to perform his
obligations to provide a healthy and safe work environment shall be punished
with a property sanction amounting from BGN 1 500 to 15 000 and the guilty
official, unless subject to a more severe penalty - with fine amounting from
BGN 1 000 to 10 000.
(3) For repeated violations the penalties shall
be:
1. under para 1 - a fine of BGN 500 to 1000;
2. under Para. 2 - a property sanction or a
fine amounting from BGN 20 000 to 30 000, respectively a fine amounting from
BGN 5 000 to 20 000.
Liability for
Violation of Other Provisions of the Labour Legislation
Art. 414. (1) Any employer who violates the provisions of the
labour legislation except for the rules for ensuring healthy and safe working
conditions, if not subject to a heavier penalty, shall be punished with a
property sanction or a fine amounting from BGN 1500 to 15 000, and the guilty
official, if not subject to heavier penalty – with a fine amounting from BGN 1
000 to 10 000.
(2) For repeated violation under Para. 1, the
sanction shall be a property sanction or a fine amounting from BGN 20 000 to 30
000, respectively a fine amounting from BGN 5 000 to 20 000.
(3) Any employer who violates the provisions of
Art. 61, Para. 1, Art. 62, Para. 1 or 3, and Art. 63, Para. 1 or 2, shall be
punished with a property sanction or fine amounting from BGN 1500 to 15 000,
and the guilty official – with a fine in the amount from BGN 1000 to 10 000,
for each separate violation.
(5) Any employer who violates the provisions of
Art. 130a, Para. 1 and 2, Art. 130b, Para. 1 and 2, and Art. 130c, Para. 1 and
2, shall be punished with property sanction or fine amounting from BGN 1 500 to
5 000, and the guilty official – with fine amounting from BGN 250 to 1 000, for
each separate violation.
Liability for Not
Implementing Instructions and Obstructing Controlling Bodies
Art. 415. (1) Whoever fails to implement a
mandatory instruction of control bodies for observing the labour legislation,
shall be punished with a fine or a property sanction amounting from BGN 1 500
to 10 000.
(2) Any employer who unlawfully obstructs a
control body on compliance with labour legislation in implementing their
duties, shall be punished with a property sanction or fine of BGN 20 000, if
not subject to a heavier penalty, and the guilty official – with a fine of BGN
10 000, if not subject to a heavier penalty.
Labour Migration and
Labour Mobility Act
Art. 75. (1) Physical and/or
legal entities who do not fulfil a mandatory prescription of the controlling
bodies under Art. 72, para. 1, shall be imposed a fine, respectively a
proprietary sanction ranging from 1 500 to 10 000 BGN, and for a repeated
offense - from 3 000 to 20 000 BGN.
(2) Employers, officials or
physical entity, local entity who has admitted to work posted or sent EU Member
States workers and employees, or from third-countries, who unlawfully preclude
the controlling bodies from carrying out their duties shall be imposed a fine,
respectively a proprietary sanction ranging from 10 000 to 20 000 BGN, unless
subject to a more severe penalty.
Art. 75a. Any third-country
foreigner, who works or has been admitted as a person posted or sent to the
Republic of Bulgaria within the provision of services without the corresponding
permit or registration with the Employment Agency, shall be punished with a
fine from BGN 500 to 5 000.
(2) The penalty under Para. 1
shall also be imposed on any employer - a natural person, for whom a foreigner
works, or who has accepted legally-staying foreign third-country nationals,
without the corresponding permit or registration with the Employment Agency,
and on any employer - legal entity a proprietary sanction shall be imposed
amounting from BGN 2 000 to 20 000, unless subject to more severe punishment.
(3) The penalty under Para. 1
shall also be imposed in cases where labour activity is carried out under the
conditions of Art. 24, Para. 3 by any foreigner holding a short-stay visa on
grounds other than seasonal work.
(4) Where the violations under
Para. 1 and 2 are repeated, a fine shall be imposed between BGN 1 000 to BGN 10
000, and legal persons shall be subject to a pecuniary sanction in the amount
from BGN 4 000 to BGN 40 000.
(5) The penalties under Para. 1
and 2 shall also be imposed in cases where labour force is provided under the
conditions of Art. 8, Para. 1 by a foreigner who does not have access to the
labour market.
(6) Penalties under Para. 2, 4
and 5 shall be imposed on the employer for any illegally employed legally
residing foreigner.
Art. 76. (2) Any local person,
who has taken in employment a worker or employee posted or sent from another
Member State of the European Union, a state party to the Agreement on the
European Economic Area or the Swiss Confederation, or taken a third country
employee, thus violating the terms and conditions for posting or sending in the
provision of services, a fine or pecuniary sanction shall be imposed of BGN 5
000 for each foreigner, and for a repeated offense - from BGN 5 000 to BGN 10
000.
(3) Employer who has failed to
declare at the Employment Agency, within the statutory period, the employment
of third-country nationals without granted permanent residence permits in the
territory of the Republic of Bulgaria but members of Bulgarian citizens or of
the European Union nationals, of a country - party to the Agreement on the
European Economic Area or of the Swiss Confederation, and who, by virtue of
international treaties with the European Union, are entitled to free movement,
shall be imposed a fine, respectively a proprietary sanction amounting to 2 500
BGN, and for a repeated offense - from 2 500 to 5 000 BGN.
Art. 77. (1) Employer - a natural
person who violates the prohibition of Art. 13, Para. 1 shall be liable to a
fine from BGN 750 to 7 500, unless subject to a more severe punishment.
(2) Where the violation under
Para. 1 is carried out by an employer - a legal person, a pecuniary sanction
shall be imposed from BGN 3 000 to 30 000.
(3) Where the violations under
Para. 1 and 2 are repeated, a fine from BGN 1 500 to BGN 15 000 shall be
imposed, and legal persons shall be subject to a pecuniary sanction from BGN 6
000 to BGN 60 000.
(4) Penalties under Para. 1 - 3
shall be imposed on the employer for any illegally residing foreigner hired.
(5) Employers under Para. 2 shall
not participate in the measures for promotion of employment under the
Employment Promotion Act for a period of one year from the moment the violation
has been established.
Art. 78. (1) In case when there
is no other penalty provided for a violation of this act, the guilty persons
shall be imposed a fine or a proprietary sanction ranging from 1 500 to 15 000
BGN.
(2) When the violation under par.
1 is repeated, a fine or a proprietary sanction shall be imposed ranging from 5
000 to 20 000 BGN.
Employment Promotion
Act
Art. 81a. (1) Undertakings
providing temporary employment without registration shall be imposed a fine, respectively
a property sanction, amounting to BGN 5000, and in case of repeated offence –
between BGN 5000 and 10 000, and between 10 000 and 20 000 for each subsequent
offence.
(2) Undertakings providing
temporary employment in breach of the requirements of Chapter Eight
"a" shall be imposed a fine, respectively a property sanction in
amount between BGN 1000 and 2500, and in case of repeated offence – BGN 2500
and 5000.
Related Provisions
Employment Promotion
Act
Art. 74f. (2) For registration of the activity
referred to in Para 1 (as
Undertaking providing temporary employment) may apply local natural or legal
persons, or foreign legal persons with commercial activity in the Republic of
Bulgaria, meeting the following conditions:
……..
6. have not been imposed administrative
sanctions under Art. 81, Para 1 or Art. 81a, Para 1 within a period of three
years before the date of applying for the registration;
…….
(3) The persons must meet the conditions of
Para. 2 during the whole person of registration.