ORDINANCE ON WORKING TIME, REST PERIODS AND LEAVES

ORDINANCE ON WORKING TIME, REST PERIODS AND LEAVES

 

 

Adopted by Council of Ministers Decree № 72 of30.12.1986

 

Prom. SG. 6/23 Jan 1987, amend. SG. 31/19 Apr 1991, amend. SG. 55/12 Jul 1991, amend. SG. 59/23 Jul 1991, amend. SG. 59/9 Jul 1993, amend. SG. 67/6 Aug 1993, amend. SG. 38/6 May 1994, amend. SG. 54/15 Jun 2001, amend. SG. 103/5 Nov

2002, amend. SG. 72/17 Aug 2004, amend. SG. 24/22 Mar 2005, amend. SG. 103/23 Dec 2005, amend. SG. 96/28 Nov 2006,

amend. SG. 1/5 Jan 2007, amend. SG. 10/6 Feb 2009, amend. SG. 67/21 Aug 2009, amend. SG. 21/15 Mar 2011, amend. SG. 19/6 Mar 2012, amend. SG. 110/21 Dec 2013, amend. and suppl. SG. 63/18 Aug 2015, amend. and suppl. SG. 41/23 May 2017, amend. and suppl. SG. 58/13 Jul 2018

 

Chapter one. WORKING TIME

 

Section I. Reduced Working Time

 

 

Art. 1. (Repealed. - SG, N. 59 Of 1993)

 

 

 

Art. 2. (Repealed. - SG, N. 59 Of 1993)

 

 

 

Art. 3. (Repealed. - SG, N. 59 Of 1993)

 

 

 

Art. 4. (Repealed. - SG, N. 59 Of 1993)

 

 

 

Section II.

Allocation and Calculation of the Working Time

 

 

Art. 4a. (New - SG, N. 10 Of 2009) (1) The Rules of Internal Work Order shall provide for the beginning and the end of the workday, the shifts rotation procedure, rest periods during work, work time recording procedure, the time of obligatory attendance in the enterprise, where flexible working hours are agreed upon, meal times of workers and employees in industries with continuous process of work and in enterprises, which operate without interruption, as well as other issues, related to allocation of working time and work organization in the enterprise.

(2) (New - SG, 63/15, in force from 18.08.2015) The Rules of Procedure for Internal Work Order shall provide for the conditions and procedure for introduction and way of accounting the working time in a changeable work time, where outside the time of the obligatory presence the worker, or employee works the non-worked day work time on the following or in other days of the same work week.

Art. 5. (1) (Amend. - SG, N. 54 of 2001, in force from 31.03.2001, repealed as unlawful by Decision № 9353 of 21.10.2002 of the Supreme Administrative Court (SAC) - SG, N. 103 of 2002)

(2)  (Amend. - SG, N. 54 of 2001, in force from 31.03.2001, repealed as unlawful by Decision № 9353 of 21.10.2002 of SAC - SG, N. 103 of 2002).

(3)  Variable working time arrangements in a daily calculation shall be of normal duration. In case of variable working time arrangements may also be established summarized calculation of working time under the terms and conditions of Art. 142, Para. 2 of the Labour Code (LC).

(4)  Variable working time arrangements may not violate the established minimal meal times, daily and weekly rest periods.

(5)  (Amend. - SG, N. 54 of 2001, in force from 31.03.2001, repealed as unlawful with Decision № 9353 of 21.10.2002 of SAC - SG, N. 103 of 2002)

 

 

 

Art. 6. (1) (Amend. - SG, 63/15, in force from 18.08.2015) In case of division of the working day into two or three parts (Art. 139, Para. 4, Labour Code), the number of rest breaks, excluding lunch break, shall not be higher than two in one working day and the duration of each break, excluding lunch break, may not be less than 1 hour.

(2) In case of division of the working day in parts, the minimum uninterrupted daily rest and weekly rest period shall not be affected.

 

 

 

Art. 7. (Amend. - SG, N. 54 / 2001, in force from 31.03.2001, amend. - SG, N. 72 of 2004, in force from 01.08.2004) Consents to night work of mothers with children from 3 to 6 years of age, mothers who take care of disabled children, irrespective of their age and of reassigned workers and employees, shall be provided in writing. The consent referred above may be withdrawn in writing no later than 3 days before the date from which the worker and the employee wish to discontinue night work, unless there are legitimate reasons, which require the immediate discontinuance thereof.

 

 

 

Art. 8. (New - SG, N. 54 of 2001, in force from 31.03.2001) (1) Extension of working time under Art. 136a of LC shall be carried out by a written order of the employer for each individual case, issued not later than 3 working days before the date of extension, provided that the respective workers and employees shall be informed immediately of the order issued. The order shall determine the initial and final date of extension, the units and the working places, which are referred by it.

(2)   (Repealed - SG, 63/15, in force from 18.08.2015).

(3)   (Amend. - SG, N. 96 of 2006, amend. - SG, 63/15, in force from 18.08.2015) The special book reporting extension and compensation of working time shall contain the number of the order for extension of working time, information about any consultations, held with the representatives of the syndicate organizations and of workers and employees under Art. 7, Para. 2 of the LC, the full name of the worker or employee, the day and time of extension, duration of the extension period, initial and final date of the extension period, and

(4)   Employer shall appoint by an order an official, who shall record the data under Para. 3 in the special book reporting extension and compensation of working time.

(5)   (Amend. - SG, 72/2004 in force from 01.08.2004.) Consents for work under extended working time of mothers with children to 6 years of age, mothers who raise disabled children irrespective of their age and of reassigned workers and employees, unless such work has an adverse impact on their health according to the findings of the health authorities, and the consent of students while under employment shall be given in writing on a case by case basis.

(6) In case of extension and compensation of working time, workers' and employees' remuneration to which time rate wage system applies, shall not change.

 

 

 

Art. 9. (New - SG, N. 54 /2001, in force from 31.03.2001, amend. - SG, N. 96 of 2006) Part-time working hours in accordance with Art. 138, Para. 1 of the Labour Code shall be established by written order of employers on a case by case basis, no later than 10 days before the date of introduction thereof. The order shall expressly specify the term and the workstations for which the part-time working time is introduced, the duration of working time and details concerning the coordination with representatives of the syndicate organizations and workers' and employees' representatives under Art. 7, Para. 2 of the LC.

 

 

 

Art. 9a. (New - SG, N. 10 Of 2009, amend. - SG, 41/17, in force from 01.01.2018) (1) Together with establishment of summed calculation of working time under Art. 142, Para. 2 of the LC, the employer shall establish work schedules with full name for the period, for which there is summed calculation, which must be kept at least 3 years after the end of the period. The employer shall introduce the confirmed schedules to the workers or employees before starting wok under them.

(2)   (suppl. - SG 58/18) During the period, for which summed calculation is established, the confirmed schedules with names can be changed by the employer in case of a change of the number of the occupied workers and employees, or of other circumstances, under which they are confirmed.

(3)   (amend. - SG 58/18) The schedules with the names shall be drawn up so, that the sum of the work hours under the schedule of the worker or employee for the period, for which the summed calculation is established, must not be greater than the norm for continuity of the working time, provided by Art. 9b.

(4)   Where night work is done, the sum of the work hours under the schedule of the worker or employee under Para. 3 shall be calculated after turning the night hours into day ones for the shifts with 4 and more than 4 hours night work with the coefficient under Art. 9, Para. 2 of the Ordinance on the structure and organization of the work salary, adopted by Decree N 4 of the Council of Ministers of 2007 (publ. SG, 9/17; amend, and suppl. N 56 and 83/2007, N11/08, N 10 and 67/09, N 95 and 106/11 and N 21 and 49/12). Turning the night hours in day ones shall not be done, where for the work place decreased working time is established, as well as in the cases, where the employment contract has been signed only for night work.

 

Art. 9b. (New - SG, 41/17, in force from 01.01.2018) (1) (amend. - SG 58/18) With summed calculation of the working time under Art. 142, Para. 2 of the Labor Code (LC), a norm shall be defined for continuity of the working time for the period. The norm shall be defined in hours, where the number of the working days under the calendar, included in the period of accounting, shall be multiplied by the day hourly continuity of the working time, defined in the employment contract.

(2)   (amend. - SG 58/18) Where a worker or employee during the whole or part of the period, for which a summed calculation of the working time is established, has used a leave, the norm for continuity of his working time shall be re-calculated, where, from the number of the working days under the calendar, the relevant days of the leave shall be taken out, allowed in working days under the calendar, as well as the relevant part of the leaves, allowed in calendar days.

(3)   (new - SG 58/18) When an employee is in the whole or part of the period for which a summarized calculation of working time is established has been granted leave for temporary incapacity for work, pregnancy, childbirth and for adoption of a child up to 5 years of age the norm for its working time shall be recalculated as from the norm under para. 1 shall be deducted the relevant hours on the approved schedule by names.

Art. 9c. (New - SG, 41/17, in force from 01.01.2018) (1) Where at the end of the period, for which summed calculation of the working time is established, the worked by the worker or employee hours under the schedule are fewer than the hours, defined under Art. 9b, for the hours, which are not sufficient, shall be considered, that the worker or employee is in a stay not by his fault, with the exception of the cases of guilty failure to appear at work by the worker or employee.

(2) Where the employment legal relation of a worker or employee has been terminated before expiry of the period, for which a summed calculation of the working time has been established, and the worked by him hours under the schedule are fewer than the hours, defined by Art. 9b, for the period by the date of termination shall be considered that the worker or employee is in a stay not by his fault, with the exception of the cases of guilty failure to appear at work by the worker or employee.

 

 

 

Art. 9d. (New - SG, 41/17, in force from 01.01.2018, amend. - SG 58/18) The worked hours by the worker or employee, which at the end of the period, for which summed calculation of the working time is established, are more than the hours, and defined under Art. 9b, they shall be accounted as extra time work under Art. 149 of the LC before the Labor inspection.

 

Art 10. (Amend. - SG, N. 54 / 2001, in force from 31.03.2001) Duty shall be introduced, if it is required for the performance of the enterprise tasks within the working time fixed for the worker and the employee or outside such working time.

 

Art. 11. (Repealed. SG 38/1994)

 

 

 

Art. 12. (Repealed. SG 38/1994)

 

 

 

Art. 13. (Repealed. SG 38/1994)

 

 

 

Section III. Overtime

 

 

Art. 14. (Repealed, SG 54/2001)

 

 

 

Art. 15. (1) (Amend., SG 54/2001, in force from 31.03.2001, former text of Art. 15 - SG, 72/ 2004, in force from 01.08.2004) The employer shall issue an order for the performance of overtime, duty or for standing by at the disposal of the enterprise. The order concerned shall be notified to the workers and the employees at least 24 hours in advance.

(2) (New - SG, N. 72/2004, in force from 01.08.2004) In the cases under Art. 153, Para. 4 of LC the order for overtime labour for every worker or employer, obligatory shall have indicated the day, in which in the following working time shall be used an incessant rest not less than 24 hours.

 

 

 

Art. 16. (Amend. - SG, N. 54 / 2001 in force from 31.03.2001, amend. - SG, N. 72 /2004 in force from 01.08.2004) The consent for performance of overtime by mothers with children to 6 years of age, mothers who raise disabled children, regardless of their age, and of reassigned workers and employees, shall be given in writing on a case by case basis.

 

 

 

Art. 17. (1) (Amend. - SG, N. 54/ 2001, in force from 31.03.2001) The refusal of the worker and employee referred to in Art. 148 of Labour Code to perform overtime work shall be made in a written form, well reasoned and recorded by the enterprise according to the specified procedure, not later than the start of the performance of such work.

(2) (Amend. - SG, N. 54/2001, in force from 31.03.2001) The worker and the employee, who made the refusal referred to in the previous paragraph, may not be imposed a disciplinary sanction unless it is proven or it is ascertained under the procedure provide for in Chapter 18 of the Labour Code that the refusal of the worker and the employee concerned is unlawful.

 

 

 

Art. 18. (1) (Amend. - SG, N. 54/2001, in force from 31.03.2001, suppl. - SG, N. 72 / 2004, in force from 01.08.2004, former text of Art. 18 - SG, N. 24/ 2005., in force from 01.01.2005) In a special book for recording overtime work shall be entered: the worker's and employee's full name, the number of the order for performance of overtime work, the day and the time of work start and termination and the remuneration amount, which is paid to the worker and the employee for the overtime work performed, as well as the day, determined for rest under Art. 15, Para. 2.

(2) (New - SG, N. 24/2005, in force from 01.01.2005). The performed hours overtime work shall be entered in the pay rolls for the relevant month.

 

 

 

Art. 19. (Repealed, SG 54/2001 in force from 31.03.2001)

 

 

 

Chapter two. RESTS

 

Art. 20. (1) (Repealed as unlawful, Decision No 9353 of SAC, SG No103/2002).

(2)   (Repealed, SG 54/2001, in force from 31.03.2001).

(3)   (Repealed , SG N54/2001, in force from 31.03.2001, Decision No 9353 of SAC of the RB, SG No103/2002).

 

 

 

Art. 21. (1) 1) (Amend. SG, N 54/ 2001 in force from 31.03.2001. Repealed, Decision No 9353 of SAC of the RB, SG No103/2002).

(2) (Amend. - SG, N. 54 /2001, in force from 31.03.2001. Repealed, Decision No 9353 of SAC of the RB, SG No103/2002).

 

 

 

Chapter three. LEAVES

Section I. Annual Paid Leave

 

Art. 22. (1) (Amend. - SG, N. 54/ 2001 in force from 31.03.2001; prev. Art. 22, suppl. - SG 21/11, in force from 15.03.2011) Any worker and employee who has a length of service of at least 8 months shall be entitled to use an annual paid leave as referred to in Art. 155 and 156 of the Labour Code. Where the 8-month length of service has been obtained during the first year of work of the worker and the employee, the latter shall be entitled to the full amount of the annual paid leave for the same year. Where a part of the required 8-month length of service has been obtained during one calendar year and the remaining part -during the next calendar year, the worker and the employee concerned shall be entitled to annual paid leave for the first calendar year pro rata and to the full amount of the annual paid leave for the second calendar year. For the second and the next calendar year it shall not be required another 8-month length of service, whereas in these cases the length of the leave for the respective calendar year shall be determined pro rata the length of service of the worker or of the employee in this undertaking.

(2) (new - SG 21/11, in force from 15.03.2011) The paid annual leave shall be permitted following a written application by the worker of by the employee filed to the employer.

 

 

 

Art. 23. (1) (Amend - SG, N. 54/2001 in force from 31.03.2001. Repealed, Decision No 9353 of SAC of the RB, SG 103/2002).

(2) (Amend. - SG, N 54/2001 in force from 31.03.2001) A worker and an employee who works during a part of the statutory working time (part-time) shall be entitled to an annual paid leave pro rata to the time, which is recognized as length of service.

 

 

 

Art. 24. (Amend. - SG, N. 59/1999) (1) (Amend. - SG, N. 54/2001, in force from 31.03.2001) Directors of kindergartens, schools and servicing units referred to in Art. 33a, paragraph 1, items 2 and 5 of the Public Education Act, deputy-directors who have to perform a compulsory amount of teaching hours in the schools and servicing units referred to in Art. 33a, paragraph 1, items 2 and 5 of the Public Education Act, teachers, teachers-methodologists, educators, pedagogical advisers, heads of affiliates of interschool centers for labour polytechnic training, speech therapists, psychologists, accompanists, choreographers, heads of school informatics laboratories, hearing and speech rehabilitation specialists shall be entitled to extended annual paid leave of 48 working days.

(2) (Amend. - SG, N. 59/ 1991) Teachers who have been appointed after the beginning of the school year and have not completed 8-month length of service until the holidays, shall be entitled to use for the same year an annual paid leave of 4 working days per each month of service.

 

 

 

Art. 25. (Amend., SG 54/2001, in force from 31.03.2001; amend - SG 21/11, in force from 15.03.2011) Professors, associate professors, chief assistants, assistants, senior lecturers and lecturers, I in the higher schools shall be entitled to an extended annual paid leave of 48 working days.

 

 

 

Art. 26. (Amend., SG 514/2001, in force from 31.03.2001) (1) Teachers in children's music and ballet schools, which are recognized as educational establishments, shall be entitled to an extended paid leave of 36 working days.

(2)    (Amend. - SG, N. 10/2009) Directors, deputy-directors and teachers in social educational vocational establishments shall be entitled to an extended annual paid leave of 36 working days.

(3)    (Amend. - SG, N. 10/ 2009.) Teachers and educators in the homes for children and young people with physical and/or mental disabilities, in homes of children, deprived from parental care, in the homes for medico-social care of children, in the nurseries, in the day centres for children with disabilities, in the day-centres for children with disabilities - week care, in the centres for social rehabilitation and integration, which give social services for children, in the centres for placement of family type, in the centres for social support, in the centres for work with children in the street, in crisis centres, in the homes for unattended children, in the houses, providing social services for children, as well as in other places for providing social services for children, shall be entitled to an extended annual paid leave of 36 working days

 

 

 

Art. 27. (Amend., SG 54/2001, in force from 31.03.2001) (1) Directors, deputy-directors (heads of education activities) and teachers in permanently functioning schools, which are not recognized as educational establishments, shall be entitled to an extended annual paid leave of 30 working days

(2) (Amend. - SG, N. 10/2009) Directors (managers) of day-care homes for children and young people with physical and/or mental disabilities, in homes of children, deprived from parental care, in the homes for medico-social care of children, in the nurseries, in the day centres for children with disabilities, in the day-centres for children with disabilities - week care, in the centres for social rehabilitation and integration, which give social services for children, in the centres for placement of family type, in the centres for social support, in the centres for work with children in the street, in crisis centres, in the homes for unattended children, in the houses, providing social services for children, as well as in other places for providing social services for children shall be entitled to an extended annual paid leave of 30 working days.

 

 

 

Art. 28. (Amend. - SG, N. 54/2001 г., in force from 31.03.2001) Scientific workers in research and development establishments, scientific-museum establishments and scientific-library establishments shall be entitled to an extended annual paid leave of, as follows:

1. (amend. - SG 21/11, in force from 15.03.2011) assistant and chief assistant - 35 working days;

2. (amend. - SG 21/11, in force from 15.03.2011) associate professor and professor, head (director,
chairperson) of a research organization (institute) - 40 working days;

3. corresponding member, academician - 45 working days.

 

 

 

Art. 29. (Amended, SG 54/2001) (1) Artistic and technical staff in the theaters, circuses, music institutions, cinematography and radio broadcasting stations and the technical staff of the televisions shall be entitled to an extended annual paid leave in the amount as specified in Annex 1 thereof.

 

 

 

Art. 30. (Amended, SG 54/2001, in force from 31.03.2001) (1) Workers and employees of the flight personnel of the civil aviation shall be entitled to an extended annual paid leave in accordance with the amount of hours flown, as follows:

1.  up to 400 hours flown - 36 working days;

2.  from 401 to 600 hours flown - 40 working days;

3.  from 601 to 700 hours flown - 45 working days;

4.  over 700 hours flown - 48 working days.

Art. 31. (Amend., SG 54/2001, in force from 31.03.2001) (1) Executive officers employed under contracts of employment in the central and territorial authorities of the executive power, who hold any of the positions referred to in Art. 19, paragraphs 2, 3 and 4 of the Administration Act and the deputies thereof as well as those who hold positions under contracts of employment based on election by the National Assembly or as designated or appointed by the Council of Ministers or the President of the Republic of Bulgaria shall be entitled to a regular extended annual paid leave of 30 working days.

(2)  Executive officers, secretaries and those who hold other expert positions in the Administration of the President of the Republic of Bulgaria shall be entitled to a regular extended annual paid leave of 30 working days

(3)  Editors-in-chief, editors, reporters and the members of the editorial board of daily press as well as the directors and the editors-in-chief in the Bulgarian Telegraph Agency shall be entitled to a regular extended annual paid leave of 30 working days.

 

 

 

Art. 32. (Amend. - SG, N. 54/2001, in force from 31.03.2001, repealed - SG, N. 103/2005).

 

 

 

Art. 33. (1) (Amend. - SG, N. 54/ 2001, in force from 31.03.2001) Where a worker and an employee who has acquired the right to a leave, takes up an employment in another enterprise, the worker and the employee concerned shall use annual paid lead for the calendar year of his/her taking up the employment pro rata to the months serviced in that enterprise

(2)   (Amend. - SG, N. 54/ 2001, in force from 31.03.2001) Where, after using the annual paid leave in full, the employment relation is terminated in the same calendar year, the worker and the employee shall not owe any compensation to the enterprise for that part of the leave, for which the worker and the employee concerned has not served the respective time. Until the end of the same year the worker and the employee concerned shall not be entitled to use any annual paid leave, unless the new employment provides for a longer leave.

(3)   ((Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 34. (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 35. (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 36. (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 37. (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 37a. (new - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015) (1) At the beginning of every calendar year, but within the term not later than 31 January, the employer shall be obliged to notify in writing every worker or employee about the size of the paid annual leave, which he has the right to use during the calendar year, including postponed or not used from previous calendar years.

 

 

 

Art. 37b. (New - SG, 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015) (1) In the cases under Art. 173, Para. 4, of the LC, the employer shall have the right to provide the paid annual leave to the worker or employee without his consent, where:

1. he has announced downtime for more than 5 working days;

2.  using the leave at the same time y all the workers and employees has been provided by a normative act or in the Rules of the internal work order;

3.  the worker or employee has been invited in writing to use their leave by the end of the calendar year for which it refers, but the worker or employee has not made it by the end of the same calendar year.

(2) In the cases under Para. 1, p. 3 the employer shall have the right to provide the paid annual leave to the worker or employees by the expiry of the limitation period under Art. 176a, Para. 1 of the LC.

 

 

 

Art. 37c.(New - SG, 21/11, in force from 15.03.2011, repealed - SG, 63/15, in force from 18.08.2015)

 

 

 

Art. 37d. (new - SG 21/11, in force from 15.03.2011) (1) (Suppl. - SG, 63/15, in force from

18.08.2015) In cases referred to in Art. 176, par. 1 p.1 of the Labor Code the employer may postpone the use of the annual paid leave of a particular worker or employee, as well as of workers and employees of the respective organizational (structural) unit.

(2) (Amend. - SG, 63/15, in force from 18.08.2015) In cases referred to in Art. 173, par. 4 and Art. 176, par. 1, p.1 of the Labor Code also where upon request of the worker or employee under Art. 176, Para. 1, p. 2 of the LC, the employer shall let or postpone the use of the leave in writing and shall notify the worker of the employee in due time thereof.

 

 

 

Art. 37e. (new - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015) In cases referred to in Art. 176, par. 3 of the Labor Code the worker or the employee shall have the right to fix himself/herself the time of use of the annual paid leave up to expiration of the prescription period referred to in Art. 176a of the Labor Code.

 

 

 

Art. 38. (Amend. SG 54/2001, in force from 31.03.2001; amend. - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015) In the cases under Art. 176, Para. 1, p. 2 of the LC, the worker or employee shall submit a written request to the employer for postponing the use of the paid annual leave for the following calendar year. Where the worker or employee uses another type legally provided leave, a written request to the employer for postponing the use of the paid annual leave for the following calendar year is not needed.

 

 

 

Art. 38a. (new - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015) Where the use of the paid annual leave has been postponed under Art. 176, Apra. 1, p. 2 of the LC because of using another type legally provided leave by the worker of employee, the the prescription period for usage of the postponed annual paid leave shall start expiring from the end of the calendar year, in which the worker or the employee has come back to work.

 

 

 

Art. 39. (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 40. (Amend., SG 31/1991, Repealed, SG 67/1993).

 

 

 

Art. 41. (Amend. - SG, N. 54 /2001, in force from 31.03.2001) The remuneration for the time of use of the annual paid leave shall be paid upon request of the worker and the employee within at least 3 days before the beginning of the leave, and, in the absence of such request - under the procedure for payment of the remuneration concerned.

 

 

 

Art. 42. (1) (new - SG 21/11, in force from 15.03.2011) The amount of the compensation for a non-used annual paid leave under Art. 224 of the Labor Code shall be determined pro rata the time, confirmed as length of service.

(2)   (amend. - SG, N. 54/ 2001, in force from 31.03.2001; prev. par. 1 - SG 21/11, in force from 15.03.2011) Compensation for unused annual paid leave referred to in Art. 224 of the Labour Code shall also be paid in the cases where by the date of the employment relationship termination, the worker and the employee concerned have not acquired the right to a leave.

(3)   (Amend. - SG, N. 54/2001, in force from 31.03.2001; prev. par. 2- SG 21/11, in force from 15.03.2011) The worker and the employee shall be entitled to cash compensation for unused annual paid leave where he/she has completed at least 1 full month of length of service. The last month in case of a length of service longer than a month shall be considered a full month where the worker and the employee have worked at least a half of the working days of the month concerned

 

 

 

Art. 43. (1) (Amend. - SG, N. 54/ 2001, in force from 31.03.2001) In case of death of the worker and the employee concerned before the use of the annual paid leave, his/her successors shall be paid a compensation as provided for in Art. 224 of the Labour Code pro rata to the annual paid leave he/she was entitled to till the day of worker's and employee's death.

(2) (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 43a. (new - SG 21/11, in force from 15.03.2011) Employers shall maintain documentation about the annual paid leave of workers and employees, containing information about the use, termination and postponing of the use, and also about the paid remunerations under Art. 177 of the Labor Code and about the paid compensations under Art. 224 of the Labor Code.

 

 

 

Art. 44. (Repealed, SG 54/2001, in force from 31.03.2001).


Section II.

Maternity and Adoption Leaves (title amend. - SG 58/18, in force from 01.07.2018)

Section II. Maternity Leaves

 

Art. 45. (1) (Amend. - SG, N. 96 / 2006, in force from 01.01.2007, amend. - SG, N. 10 / 2009, amend. - SG, 41/17, in force from 01.06.2017) Pregnancy and childbirth leave shall be 410 days for every child and shall be used as follows:

1.    (amend. - SG 21/11, in force from 15.03.2011, amend. - SG 58/18, in force from 01.07.2018) 135 days, of which 45 days before the birth, based on a relevant act by the health bodies, issued as provided by Art. 26, Para. 1 of the Ordinance on the medical expertise, adopted by Council of Ministers Decree N 120 of 2017 (SG 51/2017)

2.    (amend. - SG 58/18, in force from 01.07.2018) in the remaining 410 days - on the basis of a written application by the mother to the enterprise, which shall have attached a copy of the child's birth certificate and a declaration, according to Annex N 7; the enterprise shall be obliged to permit the leave from the day, indicated in the application, and where the mother (adopter) has no right to this leave, the enterprise shall be obliged to inform her about this immediately, while motivating their refusal.

(2) (Repealed, former Para. 4 - SG, N. 54/ 2001, in force from 31.03.2001, amend. - , SG, N.
96/2006,
in force from 01.01.2007, amend. - SG, N. 10/ 2009) The mother's leave under Para. 1, p. 2 shall
be terminated upon her request by a written application to the enterprise, in cases, where:

1. the mother has been deprived from parental rights or her parental rights have been limited by an
established procedure;

2.  the child is given for adoption;

3.  the child is placed in a children's institution on full state support;

4.  the child is placed under Art. 26 of the Child Protection Act;

5. (new - SG 58/18, in force from 01.07.2018) the child is raised by a person included in maternity
support programs;

6. (prev. para 5 - SG 58/18, in force from 01.07.2018) the child dies;

7. (new - SG 58/18, in force from 01.07.2018) the father or one of the mother's or father's parents is
entitled to leave under the conditions of Art. 163, para. 10 of the LC.

(3)   (New - SG, 41/17, in force from 01.06.2017) The mother, who uses leave under Para. 1m p. 2 shall be obliged to immediately inform the enterprise about occurrence of the circumstances under Para. 2.

(4)   (Repealed - SG, N. 54 / 2001, in force from 31.03.2001, new - SG, N. 96 /2006, in force from 01.01.2007, amend. - SG, N. 10/ 2009, former Para. 3 - SG, 41/17, in force from 01.06.2017, revoked - SG 58/18, in force from 01.07.2018)

(5)   (New - SG, 41/17, in force from 01.06.2017, revoked - SG 58/18, in force from 01.07.2018)

(6)   (New - SG, 41/17, in force from 01.06.2017) The leave under Art. 163, Para. 7 of the LC in the number of difference of the child's age on the day of his placement by the expiry of the leave, due for giving birth, shall be used as follows:

 

1.   in the number of the remaining days of the 135 days - on the basis of the relevant act of the health authorities and a certified copy of the enforced judicial decision for placement of the child, and in case that the court has not pronounced upon the request for placement of the child - on the basis of a certified copy of an enforced order of the Director of Social Support Directorate, upon current address of the child for temporary placement under administrative procedure;

2.   in the number of the remaining days of the 410 days - on the basis of a written application by the worker or employee to the enterprise, with which a certifies copy of the enforced judicial decision for placement of the child shall be attached, and in case that the court has not pronounced upon the request for placement of the child - on the basis of a certified copy of an enforced order of the Director of Social

Support Directorate, upon current address of the child for temporary placement under administrative procedure; the enterprise shall be obliged to permit the leave from the day, indicated in the application, and where the worker or employee has no right to this leave, the enterprise shall be obliged to inform her immediately about this, while motivating their refusal.

(7)   (New - SG, 41/17, in force from 01.06.2017) The leave under Art. 163, Para. 7 of the LC shall not be used together with the leave under Art. 163, Para. 1 and 6 and Art. 164b, para. 1 of the LC.

(8)   (New - SG, 41/17, in force from 01.06.2017) The leave under Art. 163, Para. 7 of the LC shall be terminated upon request of the worker or employee with a written application to the enterprise, or where:

 

1.  the child placement is terminated under some of the provision of Art. 29 of the Child Protection Act, as well as in the cases under Art. 30 of the Child Protection Act;

2.  the order of the Director of Social Support Directorate under current address of the child for temporary placement under an administrative procedure has been withdrawn;

3.  the court refuses to upheld the request for placement of the child, or terminates the formed procedure;

4.  the child dies.

(9)  (New - SG, 41/17, in force from 01.06.2017) A worker or employee, who uses leave under Art.
163, Apra. 7 of the LC shall be obliged to immediately notify the enterprise about occurred circumstances
under Para. 8.

 

 

 

Art. 45a. (New - SG, N. 10/ 2009) (1) (Amend. - SG, 41/17, in force from 01.06.2017) The leave for childbirth under Art. 163, Para. 8 of the Labour Code shall be used on the basis of a written application of the child's father. The application shall have attached a copy of the act for contracted civil marriage or a declaration by the father and the mother that the father has acqnowledged the child and they live in one household, as well as a document from the medical institution, certifying the date of discharging the child. The enterprise shall be obliged to permit leave from the day, indicated in the application. If the father has no right to such a leave, the enterprise shall be obliged to notify him about that immediately, motivating their refusal.

(2)  The leave under Para. 1 shall be applied and used in calendar days.

(3)  The father shall be obliged immediately to notify the enterprise, if during the leave, used under

Para. 1:

1.  the marriage is terminated with an enforced judicial decision;

2.  the father terminates living in one household with the mother of the child;

3.  the child is given for adoption;

4.  the child is placed in a children's institution at full state support;

5.  the child is placed as provided by Art. 26 Of the Child Protection Act;

6.  the child dies.

 

(4)  In availability of the circumstances under Para. 3, the leave under Para. 1 shall be terminated.

(5)  The father may terminate the leave by a written application to the enterprise, in which he works.

 

 

 

Art. 45a1. (New - SG, 41/17, in force from 01.06.2017, revoked - SG 58/18, in force from 01.07.2018)

 

Art. 45b. (New - SG, N. 10/2009) (1) (amend. - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018) The leave under Art. 163, Para. 10, sentence one of the LC shall be used by the father on the basis of a written application, which shall have attached a copy of the childbirth certificate and a declaration, according to Annex N 8. The enterprise shall be obliged to permit the leave from the day, indicated in the application, and where the father has no right to such a leave, the enterprise shall be obliged to notify him about this immediately, while motivating their refusal.

(2)   (Amend. - SG, 41/17, in force from 01.06.2017) The leave under Art. 163, Para. 10 of the Labour Code may not be used at the same time with the leave under Art. 167 of the Labour Code.

(3)   (Amend. - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018) The mother shall have the right at any time to withdraw the consent, given by her under Art. 163, Para. 10, sentence one, of the Labour Code by a written application to the enterprise, in which she works and to the enterprise, where the father works and to continue to use personally the leave under Art. 163, Para. 1 of the Labour Code. The application to the enterprise, in which she works, shall have attached a copy of the childbirth certificate and a declaration, according to Annex N 7.

(4)   (Suppl. - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018) The father may terminate the used leave by a written application to the enterprise, where he works.

(5)   (amend. - SG 58/18, in force from 01.07.2018) The leave under Para. 1 shall be terminated, in cases, where:

1. the father has been deprived from parental rights or his parental rights have been limited under
an established procedure;

2.  the child is given for adoption;

3.  the child is placed in a children's institution at full state support;

4.  the child is placed as provided by Art. 26 of the Child Protection Act;

5.  the child is raised by a person included in maternity support programs;

6.the mother continues personally to use the leave under Art. 163, Para. 1 of the Labour Code;

7.  the child dies;

8.  the employment relationship of the mother is terminated.

 

(6)   (New - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018, amend. - SG 58/18, in force from 01.07.2018) The father shall be obliged to immediately notify the enterprise about the occurrence of the circumstances under Para. 5.

(7)   (Former Para. 6 - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018, amend. - SG 58/18, in force from 01.07.2018) The leave under Para. 1 shall not be terminated, if the mother uses another type of leave.

 

 

 

Art. 45c. (New- SG, 41/17, in force from 01.20.17)(1) The leave under Art. 163, Para. 10, sentence two of the LC shall be used by one of the parents of the mother on the basis of a written application, which shall have attached a copy of the child's birth certificate and a declaration under Annex N 11. The enterprise shall be obliged to permit the leave from the day, indicated in the application. Where the parent of the mother has no right to such a leave, the enterprise shall be obliged to notify them immediately, while motivating their refusal.

(2)  The leave under Art. 163, Para. 10. Sentence two of the LC shall not be used at the same time with a leave under Art. 167 of the LC.

(3)  The mother shall have the right at any time to withdraw a given consent by her under Art. 163, Para. 10, sentence two of the LC with a written application to the enterprise, in which she works and to the enterprise, in which one of her parents works, and to continue to use her personal leave under Art. 163, Para. 1 of the LC. With the application to the enterprise, where she works, a copy of the child's birth certificate and a declaration under Annex N 7 shall be attached.

(4)  The mother's parent may terminate the leave with a written application to the enterprise, where he/she works.

(5)  The leave under Para. 1 shall be terminated, where:

 

1.  the child is sent for adoption;

2.  the child is placed in a children institution at full state support;

3. the child is placed under Art. 26 of the Child Protection Act;

4.  (new - SG 58/18, in force from 01.07.2018) the child is raised by a person included in maternity support programs;

5.  (prev. para. 4 - SG 58/18, in force from 01.07.2018) the mother continues to use the leave in person under Art. 163, Para. 1 of the LC;

6. (prev. para. 5 - SG 58/18, in force from 01.07.2018) the child dies;

7. (prev. para. 6 - SG 58/18, in force from 01.07.2018) the employment legal relation of the mother
is terminated.

(6) The mother's parent shall be obliged immediately to notify the enterprise about the occurrence
of the circumstances under Para. 5.

(7) Using leave under Para. 1 shall not be terminated, where the mother uses another type of leave.

 

Art. 45d. (New-SG, 41/17, in force from01.06.2017) (1) (amend. - SG 58/18, in force from 01.07.2018) The leave under Art. 163, Para. 10, sentence three of the LC shall be used by one of the mother's parents or of the father's parents on the basis of a written application, which shall have attached a copy of the child's birth certificate, a copy of copy-excerpt for the death certificate of the father and declaration under Annex N 12. The enterprise shall be obliged to permit the leave from the day, indicated in the application. Where the parent of the mother or of the father has no right to such a leave, the enterprise shall be obliged to notify him/her about this fact immediately while motivating their refusal.

(2)   The leave under Art. 163, Para. 10, sentence three of the LC shall not be used together with a leave under Art. 167 of the LC.

(3)   (amend. - SG 58/18, in force from 01.07.2018) The mother shall have the right at any time to withdraw the consent given by her under Art. 163, Para. 10, sentence three of the LC with a written application to the enterprise, in which she works and to the enterprise, in which one of her parents works, or by the father and to continue to use his/her leave in person under Art. 163, Para. 1 of the LC. The application to the enterprise, where she works, shall have attached a copy of the child's birth certificate and a declaration under Annex N 7.

(4)   (amend. - SG 58/18, in force from 01.07.2018) The parent of the mother or of the father may terminate using the leave with a written application to the enterprise, in which she/he works.

(5)   (amend. - SG 58/18, in force from 01.07.2018) The leave under Para. 1 shall be terminated,

where:

1.  the child is sent for adoption;

2.  the child is placed in a children institution at full state support;

3.  the child is placed under Art. 26 of the Child Protection Act;

4.  the child is raised by a person included in maternity support programs;

5.  the other continues to use the leave in person under Art. 163, Para. 1 of the LC;

6.  the child dies;

7.  the employment legal relation of the mother (adopter) is terminated.

 

(6)   (amend. - SG 58/18, in force from 01.07.2018) The parent of the mother (adopter) or of the father shall be obliged to immediately notify the enterprise about the occurred circumstances under Para. 5.

(7)   (amend. - SG 58/18, in force from 01.07.2018) Using leave under Para. 1 shall not be terminated, where the mother uses another type of leave.

 

Art. 45e. (New - SG. 41/17, in force from01.06.2017, revoked - SG 58/18, in force from 01.07.2018)

 

Art. 45f. (New - SG, 41/17, in force from 01.06.2017) (1) The leave under Art. 163, Para. 12 of the LC shall be used on the basis of a written application of the spouse, where the child has been placed under

Art. 26 of the Child Protection Act with spouses. The application shall have attached a certified copy of an enforced judicial decision for placement of the child and a declaration under Annex N 14. The enterprise shall be obliged to permit the use of the leave from the day, indicated in the application, and where the spouse has no right to this leave, the enterprise shall be obliged to notify him/her about this fact immediately, while motivating their refusal.

(2)  In case that the court has not pronounced on the request for placement of the child, the leave under Para. 1 shall be used on the basis of a certified copy of an enforced order of the Director of Social Support Directorate on the current address of the child for temporary placement upon an administrative procedure.

(3)  The leave under Art. 163, Para. 12 of the LC shall not be used together with the leave under Art. 167 of the LC.

(4)  The female worker or female employee, where the child has been placed under Art. 26 of the Child Protection Act, shall have the right at any time to withdraw the given consent by her under Art. 163, Para. 12 of the LC with a written application to the enterprise, in which she works and to the enterprise, where her husband works and continue to use in person the leave under Art. 163, Para. 7 of the LC. The application to the enterprise, where she works, shall have attached a certified copy of an enforced judicial decision for placement of the child, or a certified copy of an enforced order of the Director of Social Support Directorate under the current address of the child for placement under administrative procedure.

(5)  The leave under Art. 163, Para. 12 of the LC shall be terminated upon request of the spouse with a written application to the enterprise, in which he works, or where:

 

1.  the placement of the child has been terminated under some of the reasons of Art. 29 of the Child Protection Act, as well as in the cases under Art. 30 of the Child Protection Act;

2.  the order under Para. 2 has been cancelled;

3.  the court refuses to upheld the request for placement of the child, or terminated the formed procedure;

4.  the female worker or female employee, where the child has been placed under Art. 26 of the Child Protection Act, continues to use in person the leave under Art. 163, Para. 7 of the LC;

5.  the child dies;

6.  the employment legal relation of the spouse has been terminated.

 

(6)  The spouse, who uses the leave under Art. 163, Para. 12 of the LC shall be obliged immediately to notify the enterprise about the occurrence of the circumstances under Para. 5.

(7)  Using of the leave under Para. 1 shall not be terminated, where the female worker or female employee, where the child is placed under Art. 26 of the Child Protection Act, uses another type of a leave.

 

Art. 46. (1) (Amended, SG 54/2001, in force from 31.03.2001) The leave for raising a child up to two years of age provided for in Art. 164, paragraph 1 of the Labour Code shall be used based on an application in writing by the mother (the adoptive mother) or the persons referred to in Art. 164, paragraph 3 of the Labour Code. The enterprise shall be obligated to allow the leave as of the date specified in the application. Where the person concerned is not entitled to such leave, the enterprise shall be obligated to inform him/her immediately, justifying the refuse referred.

(2) (Amend. - SG, N. 54/2001, in force from 31.03.2001., amended and supplemented - SG, N. 96/ 2006., in force from 01.01.2007 , amend. - SG, N. 10/ 2009; amend. and suppl. - SG 21/11, in force from 15.03.2011). Where the application under Para. 1 is applied by the mother (adoptive mother), it shall have attached declaration, that she has not been deprived from parental rights or her parental rights have not been limited by an established procedure, that the child has not been given for adoption, or has not been placed in a children's institution, including in a day care nursery, that the mother (adoptive mother) has not given consent under art. 164, Para. 3 of the Labour Code, the leave should be used by the father (adoptive father) if no one of their parents, as well as that the child is not being raised by a person, included in any programmes for support of motherhood.

(3)   (Amend. - SG, N. 54/ 2001, in force from 31.03.2001, amend. - SG, N. 96 / 2006 , amend. - SG, N. 10 /2009) Where the application under Para. 1 is filed by a person under Art. 164, Para. 3 of the Labour Code, it shall have attached a declaration and a reference according to Annexes N 2 and 3 in two copies.

(4)   (Amend. - SG, N. 54/2001, in force from 31.03.2001) The mother (adoptive mother) shall be entitled at any time to withdraw by a written application to the enterprise, in which she works, the given by her consent under Art. 164, Para. 3 of the Labour Code and to continue to use personally the leave under Art. 164 of the Labour Code. The application to the enterprise, where she works shall have attached the declaration under Para. 2.

(5)   The persons under Art. 164, Para. 3 of the Labour Code may terminate the leave by a written application to the enterprise where they work.

(6)   (Amend. - SG, N. 54/2001, in force from 31.03.2001., amend. - SG, N. 10/ 2009 г.) The leave under Art. 164, Para. 1 of the Labour Code shall be terminated:

 

1.  where the mother (adoptive mother) has been deprived from parental rights or her parental rights have been limiter by an established procedure;

2.  where the mother (adoptive mother) gives consent the leave to be used by any of the persons under Art. 164, Para. 3 of the Labour Code;

3. upon request of the mother (adoptive mother) - by a written application to the enterprise.

(7) (Amend. - SG, N. 54 /2001, in force from 31.03.2001, amend. - SG, N. 96 / 2006 ., in force
from
01.01.2007) . The leave under Art. 164 shall be terminated, in cases, where:

1.  the child is given for adoption;

2.  (suppl. - SG 21/11, in force from 15.03.2011) the child is placed in a children's institution, including in a day care nursery;

3.  the child is placed, as provided by Art. 26 of the Child Protection Act;

4.  (amend. - SG, N. 10/ 2009; amend. - SG 21/11, in force from 15.03.2011) the child is being raised by a person, included in programmes for support of motherhood;

5.  the child dies;

6.  the adoption is terminated by the court;

7.  (new - SG, N. 10/2009) The employment relationships of the mother (adoptive mother), who has given consent the leave to be used by any of the persons under Art. 164, Para. 3 of the Labour Code is terminated.

 

(8)   (Repealed - SG, N. 54 / 2001, in force from 31.03.2001)

(9)   The leave under Art. 164, Para. 3 of the Labour Code shall not be terminated, when the mother (adoptive mother) uses another type of leave.

(10)  (Amend. - SG, N. 10/ 2009, amend. - SG 58/18, in force from 01.07.2018) The leave under
Art. 164, Para. 1 of the Labour Code shall be used after expiry of the term of the leave under Art. 163 or
164b of the Labour Code, but may be used also when before it, the hole or the part of the leave under Art.
163 or 164b, of the Labour Code has not been used.

(11) (Repealed, SG 54/2001, in force from 31.03.2001).

 

 

 

Art. 46a. (New - SG, N. 72/2004, in force from 01.08.2004) (1) The leave for raising a child up to accomplishing 2 years of age, the Art. 164a of the Labour Code permits based on a written application of the person, where a child has been placed under Art. 26 of the Child Protection Act and on a certified copy of the enforced decision of the court for placement of the child. The employer shall be obliged to permit the leave to be used from the day, indicated in the application. If the person is not entitled to this leave, the employer shall immediately notify him/her about this in writing.

(2) In case that the court has not pronounced on the request for placement of the child, the leave under Para. 1 shall be permitted on the basis of a certified copy of the enforced order of the director of Social Assistance Directorate upon present address of the child for temporary placement in an administrative procedure.

(3)  Where the application under Para. 1 is filed by one of the spouses, where the child is placed
under Art.
26 of the Child Protection Act, it shall be declared in it that leave on the same ground shall not be
used by the other spouse.

(4)  The leave under Art. 164a, Para. 1 of the Labour Code shall be terminated, where:
The leave under Art. 164a, Para.
1 of the Labour Code shall be terminated, where:

1.  the placement of the child is terminated on any of the grounds under Art.29 by the Child Protection Act, as well as in the cases under Art. 30 of the Child Protection Act;

2.  the order under Para. 2 has been repealed;

3.  the court refuses to grant the request for placement of the child or terminate the formed procedure;

4.  the person expresses a written request for that;

5.  the child dies.

(5) The worker or employee, who uses a leave under Para. 1 shall be obliged immediately to notify
the employer for the occurrence of the circumstances under Para.
4.

 

 

 

Art. 46b. (New - SG 110/13, in force from 01.01.2014, amend. - SG 58/18, in force from 01.07.2018) (1) The leave for adoption of a child up to 5 years of age under Art. 164b, para. 1 and para. 5, first sentence of LC shall be used on the basis of a written request submitted by the adoptive mother or by the worker or employee who has adopted the child alone, to which shall be attached a copy of the enforceable judgment granting adoption, a copy of the act of surrender of the child to adoption as well as a declaration under Annex № 9. An enterprise is required to grant the leave from the day specified in the application. Where a person is not entitled to this leave, the enterprise shall inform him/her immediately, providing reasons for its refusal.

(2)  The leave under Art. 164b, para 1 and para 5 of LC shall not be allowed and if already allowed,
shall be terminated by a request in writing to the enterprise or:

1.  in case the child passes away;

2.  upon termination of the adoption by the court;

3.  when the child attends a kindergarten, including a nursery or an educational establishment;

4.  when the child is accommodated in accordance with Art. 26 of the Child Protection Act;

5. where the adoptive mother or the worker or employee who has adopted the child alo are deprived
of parental rights or parental rights are limited in the established procedure;

6.  the child is placed in a child care facility at full state support;

7.  the child is raised by a person included in maternity support programs;

8. when the leave is used by the adoptive parent or by one of the parents of the adoptive mother or
adoptive father under the conditions of Art. 164b, para. 2, second sentence, para. 3 and para. 5, second
sentence of LC.

(3)  The persons entitled to leave under para. 1, shall immediately inform their employer about the occurrence of the circumstances under para. 2.

(4)  The leave under Art. 164b, para. 1 and para. 5, sentence 1 of the LC is stated and used in calendar days.

 

 

 

Art. 46c. (new - SG 58/18, in force from 01.07.2018) (1) The leave under Art. 164b, para. 2, sentence 1 of the Labor Code shall be used by the adoptive parent on the basis of a written application, to which shall be attached a copy of judicial decision on adoption, a copy of the act of surrender of the child for adoption and a declaration according to Appendix 10. The undertaking is obliged to grant the leave from the day specified in the application. Where the adoptive parent is not entitled to such leave, the undertaking must inform him/her immediately, motivating the refusal.

(2)  The leave under Art. 164b, para. 2, sentence two of the LC is used by the parent of the adoptive mother or the adoptive father on the basis of a written application, to which shall be attached a copy of judicial decision on adoption, a copy of the act of surrender of the child for adoption, a copy of copy-excerpt for the death certificate of the adoptive parent and a declaration according to Appendix 10a. The undertaking is obliged to grant the leave from the day specified in the application. Where the parent of the adoptive mother or the adoptive father is not entitled to such leave, the undertaking must inform him/her immediately, motivating the refusal.

(3)  The leave under Art. 164b, para. 2 of the Labor Code can not be used simultaneously with the leave under Art. 167 of LC.

(4)  The adoptive mother has the right at any time to withdraw by a written application to the enterprise in which she works, the consent given by her under Art. 164b, para. 2 of the LC and continue to use in person the leave under Art. 164b, para. 1 of LC until the expiration of the 365-day period from the date of surrender of the child to adoption, but not later than the age of 5.

(5)  The adoptive parent, respectively the parent of the adoptive mother or the adoptive father may terminate the use of the leave under Art. 164b, para. 2 of the Labor Code with a written application to the undertaking in which he works.

(6)  The leave under Art. 164b, para. 2 of the Labor Code is terminated:

 

1.  in case the child passes away;

2.  upon termination of the adoption by the court;

3.  when the child attends a kindergarten, including a nursery or an educational establishment;

4.  the child is placed in a child care facility at full state support;

5.  when the child is accommodated in accordance with Art. 26 of the Child Protection Act;

6.  the child is raised by a person included in maternity support programs;

7. where the adoptive parent are deprived of parental rights or parental rights are limited in the
established procedure;

8.  when the adoptive mother continued to use in person the leave under Art. 164b, para. 1 of LC;

9.  when the employment relationship of the adoptive mother is terminated.

 

(7)  The adoptive parent, respectively the parent of the adoptive mother or the adoptive father shall immediately notify the employer of the occurrence of the circumstances under para. 6.

(8)  The use of the leave under Art. 164b, para. 2 of the Labor Code is not terminated when the adoptive mother uses another type of leave.

(9)  The leave under Art. 164b, para. 2 of the LC is stated and used in calendar days.

 

 

 

Art. 46d. (new - SG 58/18, in force from 01.07.2018) (1) The leave under Art. 164b, para. 3 of the Labor Code is used by one of the parents of the worker or employee, who has adopted a child on her own, on the basis of a written application, to which shall be attached a copy of the enforceable judgment granting adoption, a copy of the act of surrender of the child to adoption as well as a declaration under Annex № 13. The undertaking is obliged to grant the leave from the day specified in the application. When the parent of the worker or employee, who has adopted a child on her own is not entitled to such leave, the undertaking must inform her immediately, motivating the refusal.

(2)  The leave under Art. 164b, para. 3 of the Labor Code can not be used simultaneously with the leave under Art. 167 of LC.

(3)  The worker or employee, who has adopted a child on her own shall have the right at any time to withdraw the consent she has given under Art. 164b, para. 3 of the Labor Code with a written application to the enterprise, in which she works and to the enterprise in which one of her parents works and continue to use in person the leave under Art. 164b, para. 1 of LC. The application to the enterprise in which she is working shall be accompanied by a copy of the enforceable judgment granting adoption, a copy of the act of surrender of the child to adoption as well as a declaration under Annex № 9.

(4) The parent of the worker or employee, who has adopted a child on her own may terminate the
use of the leave by a written application to the enterprise in which she works.

(5) The leave under para. 1 is terminated:

1.  in case the child passes away;

2.  upon termination of the adoption by the court;

3.  when the child attends a kindergarten, including a nursery or an educational establishment;

4.  the child is placed in a child care facility at full state support;

5.  when the child is accommodated in accordance with Art. 26 of the Child Protection Act;

6.  when the child is raised by a person included in maternity support programs;

 

7.  when the worker or employee, who has adopted a child on her own is deprived of parental rights or parental rights are limited in the established procedure;

8.  when the worker or employee, who has adopted a child on her own continued to use in person the leave under Art. 164b, para. 1 of LC;

9.  when the employment relationship of the worker or employee, who has adopted a child on her own is terminated.

 

(6)  The parent of the worker or employee, who has adopted a child on her own shall immediately notify the employer of the occurrence of the circumstances under para. 5.

(7)  The use of the leave under para. 1 shall not be terminated when a worker or employee, who has adopted a child on her own uses another type of leave.

(8) The leave under Art. 164b, para. 3 of the LC is stated and used in calendar days.

 

Art. 46e. (new - SG 58/18, in force from 01.07.2018) (1) The leave under Art. 164b, para. 5, sentence two of the LC is used by one of the parents of the worker or the employee who has adopted a child on him own on the basis of a written application, to which shall be attached a copy of the enforceable judgment granting adoption, a copy of the act of surrender of the child to adoption as well as a declaration under Annex 13a. The undertaking is obliged to grant the leave from the day specified in the application. When the parent of the worker or employee, who has adopted a child on her own is not entitled to such leave, the undertaking must inform her immediately, motivating the refusal.

(2)  The leave under Art. 164b, para. 5, sentence two of the Labor Code can not be used simultaneously with the leave under Art. 167 of LC.

(3)  The worker or the employee who has adopted a child on him own shall have the right at any time to withdraw the consent he has given under Art. 164b, para. 5, sentence two of the Labor Code with a written application to the enterprise, in which he works and to the enterprise in which one of his parents works and continue to use in person the leave under Art. 164b, para. 5, sentence one of LC. The application to the enterprise in which he is working shall be accompanied by a copy of the enforceable judgment granting adoption, a copy of the act of surrender of the child to adoption as well as a declaration under

Annex № 9.

(4) The parent of the worker or employee, who has adopted a child on him own may terminate the
use of the leave by a written application to the enterprise in which he works.

(5) The leave under para. 1 is terminated:

1.  in case the child passes away;

2.  upon termination of the adoption by the court;

3.  when the child attends a kindergarten, including a nursery or an educational establishment;

4.  the child is placed in a child care facility at full state support;

5.  when the child is accommodated in accordance with Art. 26 of the Child Protection Act;

6.  when the child is raised by a person included in maternity support programs;

7.  when the worker or employee, who has adopted a child on him own is deprived of parental rights or parental rights are limited in the established procedure;

8.  when the worker or employee, who has adopted a child on him own continued to use in person the leave under Art. 164b, para. 1 of LC;

9.  when the employment relationship of the worker or employee, who has adopted a child on him own is terminated.

 

(6)   The parent of the worker or employee, who has adopted a child on him own shall immediately notify the employer of the occurrence of the circumstances under para. 5.

(7)   The use of the leave under para. 1 shall not be terminated when a worker or employee, who has adopted a child on him own uses another type of leave.

(8) The leave under Art. 164b, para. 5, sentence two of the LC is stated and used in calendar days.

 

Art. 46f. (new - SG 58/18, in force from 01.07.2018) (1) The leave on the adoption of a child up to the age of 5 under Art. 164b, para. 8 of the LC shall be used on the basis of a written application by the adoptive parent. The application shall be accompanied by a copy of the marriage certificate, a copy of the enforceable judgment granting adoption and a copy of the act of surrender of the child to adoption. The undertaking is obliged to grant the leave from the day specified in the application. When the adoptive parent is not entitled to such leave, the undertaking must inform her immediately, motivating the refusal.

(2)  The leave under para. 1 shall be stated and used in calendar days.

(3)  The adopter shall immediately notify the enterprise when, during the use of the leave under

para. 1:

1.  the marriage was terminated by a judgment which has entered into force;

2.  the child is placed in a child care facility at full state support;

3.  the child is accommodated in accordance with Art. 26 of the Child Protection Act;

4.  the child passed away;

5.  adoption is terminated by the court.

(4) In the presence of the circumstances under para. 3 the leave under para. 1 is terminated.

(5) The adoptive parent may terminate the use of the leave by a written application to the
undertaking in which he works.

 

Art. 47. (Amend. - SG, N. 72/2004 , in force from 01.08.2004, repealed, - SG, 63/15, in force from 18.08/2015)

 

 

 

Art. 48. (1) (Amend. - SG, N. 72/ 2004, in force from 01.08.2004, amend. - SG, 41/17, in force from 01.06.2017) (1) (amend. - SG 58/18, in force from 01.07.2018) Where the mother of a child under the age of 2, or the adoptive mother of a child up to 5 years of age dies or become severely ill, with resulting inability to take care of the child, the balance of the leaves for childbirth, adoption, and raising a child may be used by the father (adoptive father). In that case the leave may be used and terminated under the terms and procedure provided for in Articles 45 and 46 and 46b and mother's consent shall not be required. Where the leave in question is used by a person referred to in Art. 164, paragraph 3 of the Labour Code, the requirements of Art. 46 shall be complied with and the consent referred to in Art. 167, paragraph 1 of the Labour Code shall be given by the father (adoptive father). In such cases to the written request for using the leave shall be attached a copy of the excerpt of the act, certifying the death of the mother or an act from the health authorities, which ascertains the illness of the mother and the period for which it is necessary to grant the leave to the persons referred to in Art. 164, paragraph 1 of the Labour Code.

(2) The father (the adoptive father) under Para. 1, shall be entitled to a leave in accordance with

Art. 167, paragraph 1 of the Labour Code provided that the father concerned works under employment relationship irrespective of the fact whether the mother (the adoptive mother) has worked or not under employment relationships.

(3)   (amend. - SG 58/18, in force from 01.07.2018) Where the mother of a child of up to 2 years of age or the adoptive mother of a child up to 5 years of age falls severely ill, because of which she cannot takes care of the child, and the father (adoptive father) has died, the relevant part of the leaves for giving birth, in adoption and for taking case of a little child shall be used by one of the mother's parents or of the father (adoptive father). In this case the leave shall be used and terminated under the conditions and procedure of Art. 45, 46 and 446b, without the need of the mother's consent. The written application for using the leave shall have attached an act by the health authorities, which establish the illness of the mother and the term, for which it is needed the leave to be provided to the persons under Art. 167, Para. 2 of the LC, as well as a copy of the excerpt of the death act of the father (adopter).

(4)   The parent of the mother (adoptive mother) or of the father (adopter) under Para. 3 shall have the right to a leave under Art. 167, Para. 2 of the LC, under the conditions, that he works under employment legal relations, notwithstanding if the mother (adoptive mother) works under employment legal relations.

(5)   (amend. - SG 58/18, in force from 01.07.2018) Where the mother of a child under 2 years of age dies, or falls severely ill, because of which she cannot take care of the child and the father is unknown, the relevant part of the leaves for giving birth and taking case of a child shall be use by one of her parents. In this case the leave shall be used and terminated under the conditions and procedure of Art. 45 and 46, without the consent of the mother. The written application for using the leave shall have attached a copy of the excerpt of the death act of the mother of an act of the health authorities, which have established the illness of the mother and the term for which it is needed the leave to the provided to the persons under Art. 167, Para. 3 of the LC.

(6)   The parent of the mother under Para. 5 shall have the right to a leave under Art. 167, Para. 3 of the LC. Under the conditions that he/she works under an employment legal relations, notwithstanding of the fact, if the mother has worked or works under an employment legal relations.

(7)   (amend. - SG 58/18, in force from 01.07.2018) Where a person, who has adopted a child up to 5 years of age alone, dies, or falls severely ill, because of which she cannot take care of the child, the relevant part of the leaves in adoption and for taking care of a child up to 2 years of age shall be used by one of his parents. In this case the leave shall be used and terminated under the conditions and procedure of Art. 46 or Art. 46b without the need of the consent of the adoptive mother or adoptive father. The written application for using the leave shall have attached a copy of the excerpt of the death act of the adoptive mother or adoptive father or an act by the health authorities, which established the illness of the adoptive mother or adoptive father and the term for which the leave is needed to be provided to the persons under Art. 167,

Para. 4 of the LC.

(8)   (amend. - SG 58/18, in force from 01.07.2018) The parent of the person under Para. 7 shall have the right to a leave under Art, 167, Para. 4 of the LC, under the condition, that he/she works under employment legal relations, notwithstanding if the person has worked or works under employment legal relation.

(9)   (amend. - SG 58/18, in force from 01.07.2018) Where both parents of a child under the age of 2 or the two adoptive parents of a child up to 5 years of age die and the child is not placed in a child care facility, including a nursery or educational establishment or child care facility at full state support, the relevant part of the leaves under Art. 163, 164 and 164b of the LC shall be used by the guardian, and with his consent - by one of the parents of the mother (adopter) or of the father (adopter) of the child. In these cases using the leave and its termination shall be performed under the provision of Art. 45, 46 or 46b, while copies of the excerpt of the death acts of both parents (adopters) and a copy of a document for guardians shall be produced.

(10)  The guardian or the parent of the mother (adopter), or of the father (adopter) under Para. 9
shall have the right to a leave under Art. 167, Para. 5 of the LC, under the condition, that he/she works under
an employment legal relations, notwithstanding if the parents (adopters) of the child have worked under employment legal relations.

 

Art. 49. (New - SG, N. 72 / 2004, in force from 01.08.2004) (1) The leave for raising a child under 8 years of age under Art. 167a, Para. 1 of the Labour Code shall be used on the basis of a written application for each case, filed by the mother or the father (the adoptive mother or father) at least 10 working days before the date, from which she/he wishes to use the leave, which shall declare that the child has not been placed in an institution at full state support. The employer shall be obliged to provide the leave from the day, indicated in the application. If the person I not entitled to this leave, the employer shall inform her/him immediately in writing about that.

(2)  The leave under Para. 1 shall be applied for and used in calendar days.

(3)  Where the leave for raising a child under Art. 167a of the Labour Code shall be used for the first time, the application shall declare, that such a leave has not been used by any of the persons, who are entitled to it.

(4)  (revoked - SG 21/11, in force from 15.03.2011)

(5)  (new - SG 19/12, suppl. - SG 58/18, in force from 01.07.2018) In those cases where one of the parents (adoptive parents) wishes to use up to 5 months of the leave for raising a child up to 8 years of age under Art. 167a, para 1 of the Labour Code, he or she shall enclose to the request under para 1 the consent of the other parent (adoptive parent) in writing.

(6)  (prev. text of para 5 - SG 19/12) In the cases under Para. 3, the employer, on the basis of a copy of the child's birth certificate shall issue a certificate in accordance with Annex N4.

(7)  (prev. text of para 6 - SG 19/12) The documents, needed for permission of the leave, shall be kept in the personal file of the worker or employee.

(8)  (New - SG, N. 10/ 2009; prev. text of para 7 - SG 19/12, suppl. - SG 58/18, in force from 01.07.2018) The leave shall be terminated upon request of the mother (adoptive mother) of the father (adoptive father) - by a written application to the enterprise.

(9)  (Former Para. 7 - SG, N. 10/ 2009; prev. text of para 6 - SG 19/12) The used leave under Art. 167a of the Labour Code shall be accounted for in a special book with the employer.

 

 

 

Art. 49a. (New - SG, N. 72 /2004, in force from 01.08.2004) (1) (amend. - SG 19/12) The certificate under Art. 49. Para. 6 shall have entered the length and period of the used leave for raising a child under 8 years of age under Art. 167a of the Labour Code for each case. The certificate shall be kept with the employer, who has permitted the leave.

(2) The certificate under Para. 1 shall be granted to the worker or employer in cases, where:

1.  this is needed for using the leave for raising a child under 8 years of age, under Art. 167a of the Labour Code by the other parent/adoptive parent or some of the parents of the mother of the father of the child in the cases under Art. 167a, Para. 2 and 3 of the Labour Code.

2.  termination of the employment relationship.

(3) (amend. - SG 19/12) The granted certificate to the worker or employee shall be indicated in the
book under Art. 49, Para. 9.

 

 

 

Art. 49b. (New - SG, N. 72/ 2004, in force from 01.08.2004, repealed - SG, 63/15, in force from 18.08.2015)

 

 

 

Art. 49c. (New - SG, N. 72 / 2004, in force from 01.08.2004) (1) In the cases under Art. 167a, Para.

2 of the Labour Code the leave for raising a child under 8 years of age shall be used by the guardian as provided by Art. 49.

(2) The application under Art. 49, Para. 1 shall have also an attached document for guardianship.

(3) (suppl. - SG 58/18, in force from 01.07.2018) Where the application under art. 49, Para. 1 is
filed by one of the parents of the child's mother (adoptive mother) or father (adoptive father), the application
shall have attached a written consent of the guardian and the documents under Para.
2.

 

 

 

Art. 49d. (New - SG, N. 72/ 2004, in force from 01.08.2004) (1) In the cases under Art. 167a, Para. 3 of the Labour Code, the leave for raising a child under 8 years of age shall be used under the terms and conditions of Art. 49.

(2)   (Amend. - SG, 63/15, in force from 18.08.2015, suppl. - SG 58/18, in force from 01.07.2018) Where the application under Para. 1 is filed by the guardian for the first time in the enterprise, it shall contain the documents under Art. 49a, Para. 2 and a document from the employers, where the child's parents (adoptive parents) have worked after his/her 2 years of age, whether the leave was used and what was its length under Art. 167 of the Labour Code.

(3)   (suppl. - SG 58/18, in force from 01.07.2018) Where the application is filed by one of the mother's or father's parents (adoptive mother's or father's) parents, the application shall contain an attached written consent of the guardian and the documents under Para. 2, as well as a document from the employers, where the guardian has worked after the 2-year age of the child, about whether the leave under Art. 167a, Para. 3 of the Labour Code has been used and in what length.

 

 

 

Art. 49e. (New - SG, N. 72 / 2004, in force from 01.08.2004) (1) In the cases under Art. 167a, Para. 4 of the Labour Code, the leave for raising a child under 8 years of age shall be used under the conditions, provided by Art. 49 and 49b.

(2) Where the application under Para. 1 is filed for the first time in the enterprise, it shall contain attached a copy of the child's birth certificate, a copy of an act of the other parent's death or a court decision and a declaration according to Annex N 6.

 

 

 

Section III.

Other Types of Leaves

 

Art. 50. (1) (Amend. - SG, N. 54 / 2001, in force from 31.03.2001) The worker and the employee shall be entitled to a leave provided for in Art. 157, Para. 1, p. 1, 2 and 3 of the Labour Code for the day of the relevant event and for the following working day. Where the day of the event coincides with the weekly rest, the leave shall be used in the first two working days following the weekly rest.

(2) (Amend. - SG, N. 54 / 2001, in force from 31.03.2001) Where the leave referred to in Art. 158 of the Labour Code coincides with the weekly rest, the leave concerned shall not be paid.

 

 

 

Art. 51. (1) The leaves of students while remaining in employment shall be granted by the enterprise concerned based on a document issued by the relevant educational establishment certifying the days of classes or examinations.

(2) (Amend. - SG, N. 54 / 2001, in force from 31.03.2001) After the leave for attending classes and sitting for examinations has been used, the worker and the employee shall be obligated to submit a student's

(school) record book or other document issued by the educational establishment certifying the attendance of classes and sitting for an examination.

(3) Where the student did not attend classes or failed to sit for examinations due to not serious reasons, the leave used shall be considered unpaid.

 

 

 

Art. 52. (Amended, SG 54/2001, in force from 31.03.2001) (1) The consent of the employer referred to in Articles 169, 170 and 171 of the Labour Code shall be given in writing on a case by case basis.

 

 

 

Art. 53. (Amended, SG 54/2001, in force from 31.03.2001) (1) The remuneration to be paid to the worker and the employee concerned following the use of the leave referred to in Articles 168, 169 and 170 of Labour Code shall be calculated in accordance with the procedure provided for in Art. 177 of Labour

Code.

(2) In case of termination of the employment relationship, no cash compensation shall be due for the leave unused referred to in Articles 169 and 170 of the Labour Code.

 

 

 

Art. 54. (Amend., SG 54/2001, in force from 31.03.2001, amend. - SG, 41/17, in force from 23.05.2017) The workers and the employees from plant-breeding, stock -breeding sectors, machinery operators in agriculture and forestry and workers and employees in the timber industry in the country who work under employment relationship for unlimited period of time, in months and days adverse for work due to climatic conditions, shall use unpaid leave in accordance with Art. 160 of the Labour Code based on an order of the head of the enterprise. In that case the leave referred to in Art. 160, paragraph 3 of the Labour Code shall be recognized as a length of service up to 60 days in one calendar year.

 

Art. 55. (Amend., SG 54/2001, in force from 31.03.2001) (1) The paid or unpaid official or creative leave referred to in Art. 161, paragraph 1 of the Labour Code shall be used in accordance with the terms and procedure laid down in the collective employment agreement or in an agreement between the parties to the employment relationship.

(2) The remuneration to be paid to the worker and employee concerned following the use of the paid official or creative leave shall be calculated in accordance with the procedure provided for in Art. 177 of Labour Code.

 

 

 

Transitional and concluding provisions

 

 

 

§ 1. The regulations based on which a reduced working time is introduced on the grounds of Art. 41 of the Labour Code of 1951, shall remain in force also after 1 January 1987 until the expiration of the periods specified therein or to the restoration of the normal working time duration in accordance with the procedure as provided for.

 

 

 

§ 2. The summarized calculation of the working time which was introduced until 31 December 1986 on the grounds of Art. 44 of the 1951 Labour Code shall remain in force until 31 December 1987.


§ 3. (Repealed, SG 54/2001, in force from 31.03.2001)

 

 

 

§ 4. (Amend. - SG, N. 54 / 2001, in force from 31.03.2001) Workers and employees who, on the grounds of Art. 55, paragraph 2, item (b) of the 1951 Labour Code and Art. 53 of the Ordinance on the leaves of workers and employees of 1958, have acquired and used, by 31 December 1986, the right to additional paid leave of 3 working days, shall continue to use such leave, provided that they perform the same activities.

 

 

 

§ 5. In the transport, communications and healthcare sectors, the specific rules on the allocation and accounting of the working time and the special cases related to the payment thereof which are effective by December 31, 1986 shall apply until the end of 1988.

 

 

 

§ 5a. (New - SG, N. 1 / 2007, in force from 01.01.2007) (1) The female workers and employees shall be entitled to leave under § 3a of the Transitional provisions of the Labour Code, if on the date of permission of this leave the child has not been given to adoption, has not been placed in a children's institution on full state support, has not been placed under the provision of Art. 26 of the Child Protection Act, has not died and in case of adoption, it has not been terminated by the court.

(2)  In the cases under § 3a, Para. 1 of the Transitional provisions of the Labour Code the leave of the mother (adoptive mother) shall be permitted under the provisions of Art. 45, Para. 1, p. 1 and 2.

(3)  In the cases under § 3a, Para. 2 of the Transitional provisions of the Labour Code, where the mother (adoptive mother) requests to use the remaining of the leave under Art. 163, Para. 1 of the Labour Code shall file a written application under the provisions of Art. 45, Para. 1, p. 2.

(4)  Where the mother (adoptive mother) has given consent to any of the persons under Art. 164, Para. 3 of the Labour Code to use a leave for raising a child under 2 years of age, in order to use the leave under § 3a, Para. 2 of the Transitional provisions of the Labour Code, together with the written application under Para. 3, she shall have to withdraw the given consent by her.

(5)  While determining the right and length of the leave under § 3a of the Transitional provisions of the Labour Code, the number of the calendar days of the used leave for pregnancy and giving birth and the number of the calendar days after its expiry shall be calculated to the date from which the mother has requested to use the remaining days of the leave.

 

 

 

§ 5б. (New - SG, N. 10/2009) (1) The female worker or employee shall have ther right to a leave under § 3c of the Transitional provisions of the Labour Code, if on the date of permission of this leave she has not been deprived from parental rights or her parental rights have not been limited under an established procedure, the child has not been given for adoption, has not been placed in a children's institution on full support by the state, has not been placed as provided by the Art. 26 of the Child Protection Act, has not died and where the adoption has not been terminated by the court.

(2)   In the cases under § c, Para. 1 of the Transitional provisions of the Labour Code, the leave of the mother (adoptive mother) shall be permitted under the provisions of Art. 45, Para. 1, p. 1 and 2.

(3)   In the cases under 3c, Para. 2 of the Transitional provisions of the Labour Code, where the mother (adoptive mother) requests to use the remaining days of the leave of Art. 163, Para. 1 of the Labour


Code, she shall file a written application under the provisions of Art. 45, Para. 1, p. 2.

(4)  Where the mother (adoptive mother) has given consent to any of the persons under art. 164, Para. 3 of the Labour Code to use leave for raising a child under 2 years of age, in order to use leave under § 3c, Para. 2 of the Transitional provisions of the Labour Code, together with the written application under Para. 3, she shall have to withdraw the consent, given by her.

(5)  In cases, where the child is being raised by a person of the programme "In support of motherhood", the mother (adoptive mother) requests to use leave under § 3c, Para. 2 of the Transitional provisions of the Labour Code, together with the written application under Para. 3, shall have to notify the relevant Social Assistance Directorate, so that the employment contract of the person is terminated.

(6)  In determining the right and length of the leave under § 3c, of the Transitional provisions of the Labour Code, the number of the calendar days of the used leave for pregnancy and giving birth and the number of the calendar days after its expiry shall be calculated to the date, from which the mother has requested to use the remaining days of the leave.

 

 

 

Concluding provisions

 

 

 

§ 6. (Amend., SG 54/2001, in force from 31.03.2001, suppl.. - SG, N. 72 / 2004 г., in force from 01.08.2004, amend.. - SG, N. 96 / 2006, amend. - SG, N. 10 / 2009; amend. - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015, amend. - SG, 41/17, in force from 01.06.2017, suppl. - SG 58/18, in force from 01.07.2018) This Ordinance has been adopted in pursuance with Art. 139, Para. 5, Art. 155, Para. 5, Art. 163, Para. 16, Art. 164b, para. 12 and Art. 167a, Para. 9 of the Labor Code and § 121 of the Transitional and Final provisions of the Law, Amending and Supplementing the Labour

Code (SG, 25/2001).

 

§ 7. This Ordinance shall repeal:

1.   The Ordinance on the working time and the rests of workers and employees (published Izvestie, 21/1958; Amend. issue 44/1962, Amend. SG 56/1965, Amended SG 7/1978, No 19/1982, No 51/1984 and No 85/1985) and the relevant regulations adopted in pursuance thereof.

2.   The Ordinance on the leaves of the workers and employees (published Izvestie, No 20/1958, Amend. No 22/1958; Amend. No 79/1958, No 39/1960, No 18/1961, DG. No 20 and 97 of 1964, No 57/1974, No 8/1975, No 65/1984) and the relevant regulations adopted in pursuance thereof.

3.   The temporary ordinance on the implementation of a five-day working week of 1975.(not published).

 

 

 

§ 8. (Repealed, SG 54/2001, in force from 31.03.2001)

 

 

 

Concluding provisions

TO DECREE No. 56 DD. 10 MARCH 2011 FOR THE AMENDMENT AND SUPPLEMENTATION OF THE ORDINANCE ON THE WORKING TIME, REST PERIODS AND LEAVES, ADOPTED BY DECREE No. 72 OF THE COUNCIL OF MINISTERS OF 1986

 

 

(PROM. - SG 21/11, IN FORCE FROM 15.03.2011)

§ 14. The Decree shall enter into force from the day of its promulgation in the State Gazette.

 

 

 

Concluding provisions

TO DECREE No. 297 DD. 19 DECEMBER 2013 SUPPLEMENTATION OF THE ORDINANCE ON WORKING TIME, REST PERIODS AND LEAVES, ADOPTED BY DECREE No. 72 OF THE

COUNCIL OF MINISTERS OF 1986

 

 

(PROM. - SG 110/13, IN FORCE FROM 01.01.2014)

 

§ 3. The Decree shall enter into force from January 1, 2014.

 

 

 

Concluding provisions TO DECREE N 212 OF 13 AUGUST 2015, AMENDING AND SUPPLEMENTING THE

ORDINANCE ON WORK TIME, REST PERIODS AND LEAVES, ADOPTED BY COUNCIL OF

MINISTERS DECREE N 72 OF 1986

 

 

(PUBL.- SG, 63/15, IN FORCE FROM 18.08.2015)

 

§ 19. The Decree shall come into force from the day of its publication in the State Gazette.

 

Concluding provisions

TO DECREE N 95 OF 18 MAY 2017 AMENDING AND SUPPLEMENTING THE ORDINANCE

ON WORKING TIME, REST PERIODS AMD LEAVES, ADOPTED BY COUNCIL OF

MINISTERS DECREE N 72 OF 1986

 

(PROM. - SG, 41/17, IN FORCE FROM 01.06.2017)

§ 18. The Decree shall come into force from 1 June 2017 with the exception of:

1.  Para. 9 and 17, which shall come into force from the day of its publication in the State Gazette.

2.  Para. 1 ans 2, which shall come into force from 1 January 2018.

 

Concluding provisions

TO THE DECREE NO 131 OF 5 OF JULY 2018 AMENDING AND SUPPLEMENTING THE

ORDINANCE ON WORKING TIME, REST PERIODS AND LEAVES ADOPTED WITH DECREE

NO 72 OF THE COUNCIL OF MINISTERS OF 1986

 

 

(PROM. - SG 58/18)

§ 28. Paragraphs 4 to 27 shall enter into force on 1 July 2018.

 

Annex No 1 to Art. 29

(New, SG No 54/2001, in force from 31.03.2001)

List of the artistic and the art-technical staff in theaters, music institutes, cinematography and radio stations as well as of the artistic-technical staff in the TV stations who are entitled to an extended annual paid leave

I. In theaters and circuses:

1.   Artistic staff: directors of theaters, deputy-directors of theaters, stage-managers, stage-directors, actors, prompters, producers, repertory directors, music managers, heads of literary activities, marketing manager - 36 working days.

2.   Technical staff: technical directors of theaters, head of stagecraft, theater-masters, assistant-theater masters, head of workshops, theater workers - specialists (stage and lighting stage effects, wigmakers, make-up artists, property-men, upholsterers, decorators, wardrobe keepers, carpenters, smiths, etc.), painters, puppet-makers, sound-engineers, sound-recordists, heads of stage lighting, masters-properties, stage machinery operators, head of performance organization - 26 working days;

II. Music institutes:

1.   Artistic and management staff: director general, executive director, chief conductor, deputy-director of artistic matters, chief producer, stage director, chief artist, conductor, chorus conductor, conductor-trainee, repertory director, ballet stage manager, ballet pedagogue, artist ballet-dancer, ballet-master, ballet organizer, repetiteur, pianist-accompanist, prompter, stage director, artist-soloist, artist chorus singer, first violinist, artist member of an orchestra - leader of a group of instrumentalists, artist member of an orchestra-soloist, artist member of an orchestra - 36 working days.

2.   Technical personnel - theater-masters, lighting operators, wigmakers, makeup artists, property-men, artists (painters), carpenters, smiths, mat-makers - 26 working days.

III.  In cinematography:

Cinema producers, cameraman, literary manager, editor, stage designer, costume designer, artist (painter), make-up designer, script, unit operator, brigade lighting men leader, driver in a film production, cashier in a film production, camera technician, technician of camera equipment, brigade leader of a scenery constructors, scenery constructor, boom operator, bibliography-informer, film production coordinator, cinema, video and recording equipment operator, upholsterer, carpenter, water supply and sewerage worker, electricity installation repair and maintenance worker, cinema worker, storage manager, dubbing director, sound-engineer, combined shootings cameraman, continuity editor, production manager, assistant to the producer, assistant to the dubbing director, assistant to the cameraman, projectionist, lighting operator, fire worker, wardrobe keeper, property-man, organizer, power engineers, laboratory processing of the film material: chemists, controller, dilution specialist, laboratory assistant, copyist, developer, sensitometerist, specialist determining copying lights, operator of die-stamping machine, zincograph, mechanic, electronic technician - 26 working days.

IV. In circuses:

1.   Artistic staff: circus actor, acrobat, gymnast, equilibrist, actor in riding performance, balancer, juggler, conjurer, manipulator, musical eccentric, clown, animal-trainer, ring supervisor in a circus, conductor in a circus, actor -musician in a circus band, actor trainee, animal trainer - 26 working days.

2.   Technical staff: technical manager, head of circus technical service, technician in the circus, electrical installation repair and maintenance worker in circus, ring controller in a circus, trained animals keeper, mechanic, driver - 26 working days.

V.  In radio stations:

1.  Artistic staff: chief conductor, conductor, first violinist, second violinist, artist-member of an orchestra - soloist group leader, artist-member of an orchestra - soloist group deputy leader, artist-member of an orchestra - soloist, artist chorus singer soloist, artist soloist, music arranger, accompanist - 42 working days.

2.  Technical staff: dubbing director in chief, dubbing director, speaker, interpreter-speaker, musical setting specialist, artistic secretary, head of a sector, sound engineer in chief, sound engineer, radio engineer, coordinator-in-chief, coordinator, sound-recordist, sound-producer, technologist, power engineer, heat-power engineer, technician, mechanic, system administrator, program organizer, responsible for the collection of records and tapes, worker in the Bulgarian National Radio - 26 working days.

VI. In televisions:

Technical staff: cameraman-in-chief-, TV and cinema cameraman, second TV and cinema cameraman, director-in-chief of video-mixing console, director of video-mixing console, artist (painter), recording director-in-chief, recording director, musical setting specialist, sound-producer, photo-technologist, speaker, electric engineer-in-chief, engineer-in-chief, analyst-in-chief, video-engineer, sound engineer, technologist, service engineer, cutting engineer, head of technical shift, video continuity editor-in-chief, video continuity editor, video-technician, video cameraman, sound technician, service technician, power engineer, mechanic, mechanic specialist in TV equipment mounting, effect lighting director, lighting technician, crane-dolly operator, analyst, coordinator, responsible for the videotheque, responsible for the film collection, responsible for the collection of records and tapes, head of stagecraft, workshop manager, theater-master, property-man, make-up artist - wigmaker, make-up artist, theater smith, theater carpenter, theater wardrobe keeper, sets transportation worker, set mounting worker, polygraphist-head of a printing facility, polygraphist, worker on technical processing of text information, program organizer - 26 working days.

 

 

 

Annex 2 to Art. 46, Para. 3

(Former Annex 1, Amended, SG No 54/2001, in force from 31.03.2001, suppl. - SG N 96/ 2006 , in force from 01.01.2007, amend. - SG, N. 10 / 2009; amend. - SG 21/11, in force from 15.03.2011, amend. - SG, 63/15, in force from 18.08.2015)

 

 

Declaration for use of leave referred to in Art. 164, Para. 1 and 3 of the Labour Code by the father (adoptive father) or any parent of the mother (adoptive mother) or father (adoptive father)

The undersigned : 1........................................................................................................................ ;

(full name as indicated in an identity document)

2.................................................................................................................... ;

(full name as indicated in an identity document)

declare that the first one of us as a mother (father, guardian) agrees and the second one as a father (grand-mother, grand-father) agrees to use additional paid (unpaid) leave for raising

 

(full name of the child)
born on...........
19..../20...., effective as of.................. 20........ until ...

 

 

 

We undertake that in case of child's decease or the child is given up for adoption or accommodated in a day care nursery or in another children care establishment, and also in child's accommodation in compliance with the provision of Art. 26 of the law for the protection of the child, in case the child is raised by a person, included in programs for support or motherhood, in case of deprivation or restriction of parenting rights following the legal procedures, in case of termination of the employment contract of the mother (adopting mother) and in case of termination of adoption by the court, to notify the enterprise in order to terminate the leave granted. We are aware that we bear liability for false information pursuant to Art. 313 of the Penal Code and that are liable to reimburse any amounts unduly paid to us, including the statutory interest.

 

 

............. 20........

Declarers : 1. ...

Note:

1.  1. The Declaration should be filled in duplicate and each of the copies shall be kept in the personal files of the declarers in the relevant enterprises.

2.  Delete where not applicable.

 

 

 

Annex 3 to Art. 46, Para. 3

(former Annex 2, Amend., SG No 54/2001, in force as of 31.03.2001, amend. - SG, N. 10/ 2009, amend. - SSg, 63/15, in force from 18.08.2015)

 

 

 

Information from the enterprise, in which the mother (father, guardian) is employed.

 

The management of .......................................................................................................................................................................................................

(name of the enterprise)

certified hereby that .......................................................................................................................................................................................................

 

(full name as indicated in an identity document of the mother, father, guardian)

 

 

works as an insured person for all insured social risks under open-ended (fixed) contract of employment until

....... 20...... and has used a leave referred to in Articles 164 of the Labour Code for raising her/his the child (children)

........................................... born on............. 19...... /20.......... , in the amount of........... day, as of......... 20......... and the balance of

the leave is................. days.

 

 

................ 20 .......

(position)

Officer :

(signature and stamp)

 

Note:

1.  The Declaration should be filled in duplicate and each of the copies shall be kept in the personal files of the mother (father, guardian) and the person who assumed the raising of the child concerned.

2.  Delete where not applicable.

 

 

 

Annex № 4 under Art. 49, Para. 6

(New - SG, N. 72 / 2004; prev. Annex No 4 to Art. 49, para 5 - SG 19/12)

 

Certificate

For using leave under Art. 167a C)f the Labour Code
For the child ....................................................................................  ,

(full name)

Born on................................................. Identity N...........................



Annex № 5 under Art. 49b, Para. 1, p. 1

(New - SG, N. 72 / 2004 , suppl. - SG, N. 1 / 2007 , in force from 01.01.2007, repealed - SG, 63/15, in force from 18.08.2015)

 

Annex № 6 under Art. 49e, Para. 2

(New - SG, N. 72 / 2004 , suppl.. - SG, N. 1 / 2007, in force from 01.01.2007)

 

Declaration for using leave under Art. 167a, Para. 4 Of the Labour Code by a parent (adoptive parent), who is raising

the child alone

 

I, the undersigned...................................................................................................................................................................................

(full name as in identity card)

Declare, that for raising the child ...................................................................................................................................................................................

................................................................................................................................................................... >

(full name of the child)

born on............................... 20........ , Identity N....................................................................................................................................

1.  has not been use leave under Art 167a, Para. 4 Of the Labour Code;

2.  used leave under Art. 167a, Parta. 4 of the Labour Code for...................... months and.............. days;

3.  am not in marriage with the other parent and do not live in one household with him/her;

4.  the other parent has been deprived of parental rights with an enforced court decision;

5.  the other parent has died.

I shall be obliged in case of the child's adoption or placement in an institution on full state support, as well as his/her placement as provided by Art. 26 of the Child Protection Act and in case of termination of the adoption by the court to notify the employer, in order to terminate the permitted leave.

 

I am aware, that for untrue data I bare responsibility under Art. 313 of the Penal Code.

 

............. 20 ....................................................................................................................................................................................................................

1.....................................................................................................

Declarer:

 

 

Notes:


1.  The declaration shall be kept in the worker's or employer's personal file.

2.  Delete as appropriate

 

 

 

Annex № 7, under Art. 45, Para. 1, p. 2

(New - SG, N. 96 / 2006, amend. - SG 58/18, in force from 01.07.2018)

 

 

 

DECLARATION

for use of leave under Art. 163, para. 1 of the Labor Code by the mother
I undersigned: .................................................................................................................................................  ,

(full name by ID document)

hereby declare that for the use of leave under Art. 163, para. 1 of the Labor Code in connection with Art. 45, para. 1, item 2 of the Ordinance on Working Time, Rest Periods and Leaves for child:

 

......................................................................................................................................................................... >

(full name of the child)

born on............................ 20.................... , UCN...................................................................................... :

1.   I am not deprived of parental rights and my parental rights are not limited in the established order;

2.   the child was not surrendered for adoption;

3.   the child is not placed in a childcare facility on full state support;

4.   the child is not accommodated under Art. 26 of the Child Protection Act;

5.   the child is not raised by a person included in maternity support programs;

6.   the child is not passed away;

7.  the father or one of the parents of the mother or the father does not use leave under the conditions of Art. 163,
para. 10 of the LC.

I undertake, in case of change of the declared circumstances, to notify the enterprise to terminate the authorized leave.

I am aware that I am liable for incorrect data under Art. 313 of the Penal Code.
............. 20 ....                                                                                    Declarer:.......................................

Notes:

1.  The declaration shall be kept in the personal file of the worker or the employee.

2.  The excess is crossed out.

 

 

Annex № 8 under Art. 45b

(New - SG, N. 10 / 2009, amend. - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018)

DECLARATION

for use of leave under Art. 163, para. 10, first sentence of the Labor Code by the father We undersigned:

1....................................................................................................................................................................... ,

(full name by ID document)

2........................................................................................................................................................................ ,

(full name by ID document)

state that the first of us as a mother agrees, and the second as a father accepts to take paid leave due to pregnancy and childbirth:

 

 

(full name of the child)

born on........................................................................................................... 20 .................................  ,

starting from ............................................. 20 ...................... to ..................... 20 .....................................

We declare that:

1. the father is not deprived of parental rights and his parental rights are not limited according to the established
order;

2.   the child was not surrendered for adoption;

3.   the child is not placed in a childcare facility on full state support;

4.   the child is not accommodated under Art. 26 of the Child Protection Act;

5.   the child is not raised by a person included in maternity support programs;

6.   the mother does not continue to use the leave under Art. 163, para. 1 of LC;

7.   the child is not passed away;

8.   the employment relationship of the mother has not been terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                    Declarers:

1..........................................

2..........................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the
declarants in the undertakings concerned.

2. The excess is crossed out.

Annex No 9 to Art. 46b, para 1

(New - SG 110/13, in force from 01.01.2014, amend. - SG 58/18, in force from 01.07.2018)

 

 

DECLARATION

for use of leave under Art. 164b, para. 1 or para. 5, sentence one of the Labor Code by the adoptive mother or by the

worker or employee who has adopted a child on him own

 

I undersigned: .........................................................................................................................  ,

 

(full name by ID document)

I declare the following circumstances in relation to the use of leave under Art. 164b, para. 1 or para. 5, sentence one of the Labor Code in connection with Art. 46b, para. 1 and 2 of the Ordinance on Working Time, Rest Periods and Leaves for child:

 

(full name of the child)

born on.................................................. 20................... , UCN............................................................... :

1.   the child is not passed away;

2.   adoption has not been terminated by the court;

3.   the child does not attend a kindergarten, including a nursery or school;

4.   the child is not accommodated under Art. 26 of the Child Protection Act;

5.   I am not deprived of parental rights and my parental rights are not limited under the established order;

6.   the child is not placed in a childcare facility on full state support;

7.   the child is not raised by a person included in maternity support programs;

8. the adoptive father or one of the parents of the adoptive mother or the adoptive father does not use leave under
the conditions of Art. 164b, para. 2, sentence two, para. 3 and para. 5, sentence two of the LC.

I undertake, in case of change of the declared circumstances, to notify the enterprise to terminate the authorized leave.

I am aware that I am liable for incorrect data under Art. 313 of the Penal Code.

............. 20 ....                                                                          Declarer:..........................................

Notes:

1. The declaration shall be kept in the personal file of the worker or the employee. 2. The excess is crossed out.

 

 

 

 

Annex No 10 to Art. 46c, para 1

(New - SG 110/13, in force from 01.01.2014, prev. Annex No 10 to the Art. 46c, para. 3, amend. -SG 58/18, in force from 01.07.2018)

 

 

 

DECLARATION

for use of leave under Art. 164b, para. 2, sentence 1 of the Labor Code by the adoptive parent We undersigned:

1....................................................................................................................................................................... ,

(full name by ID document)

2....................................................................................................................................................................... ,

(full name by ID document)

state that the first of us as an adoptive mother agrees, and the second as an adoptive father accepts to take paid leave


due to adopting a child up to 5 years of age:

 

(full name of the child)
surrendered for adoption on............................................................................. 20................................. ,

UCN ................................................................................................................................................................  ,

starting from....................................... 20.................. to.................................. 20.......................................

We declare that:

1.   the child is not passed away;

2.   adoption has not been terminated by the court;

3.   the child does not attend a kindergarten, including a nursery or school;

4.   the child is not placed in a childcare facility on full state support;

5.   the child is not accommodated under Art. 26 of the Child Protection Act;

6.   the child is not raised by a person included in maternity support programs;

7. the adoptive mother is not deprived of parental rights and my parental rights are not limited under the
established order;

8.   the adoptive mother does not continue to use the leave under Art. 164b, para. 1 of LC;

9.   the employment relationship of the adoptive mother is not terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code.
............. 20 ....                                                                    Declarers:

1.....................................

2......................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the
declarants in the undertakings concerned.

2. The excess is crossed out.

 

 

 

Annex No 10a to Art. 64c, para. 2

(new - SG 58/18, in force from 01.07.2018)

 

 

DECLATION

for use of leave under Art. 164b, para. 2, second sentence of the Labor Code (LC) by the parent of the adoptive mother

or of the adoptive father

 

 

We undersigned:

 

1............................................................................................................................................................................. ,

(full name by ID document)

2............................................................................................................................................................................. ,

(full name by ID document)

declare that the first of us as an adoptive mother agrees, and the second as the parent of the adoptive mother or as the parent of the adoptive father accepts to take paid leave for the adoption of a child for the remainder up to 365 days, but not later than the age of 5 years, for:

 

 

(full name of the child)

 

surrendered for adoption on

UCN

 

starting from.................................................. 20...................... г. to.................................... 20............................

 

We declare that:

1.  the child is not passed away;

2.  adoption has not been terminated by the court;

3.  the child does not attend a kindergarten, including a nursery or school;

4.  the child is not placed in a childcare facility on full state support;

5.  the child is not accommodated under Art. 26 of the Child Protection Act;

6.  the child is not raised by a person included in maternity support programs;

7. adoptive mother/adoptive father is not deprived of parental rights and my parental rights are not limited under the
established order;

8.  adoptive mother/adoptive father does not continue to use the leave under Art. 164b, para. 1 of LC;

9.  the employment relationship of the adoptive mother/adoptive father is not terminated;

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                            Declarers:

1............................................

2...........................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the declarants
in the undertakings concerned.

2. The excess is crossed out.

 

 

 

 

Annex N 11 to Art. 45c, Para. 1

(New - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018)

 

 

DECLARATION

for use of leave under Art. 163, para. 10, second sentence of the Labor Code by the mother's parent We undersigned:

1............................................................................................................................................................................. ,

(full name by ID document)

2............................................................................................................................................................................. ,

(full name by ID document)

we state that the first of us as a mother agrees, and the second parent as the parent accepts to take paid leave for the remainder up to 410 days of

......................................................................................................................................................................... >

(full name of the child)

born on......................................................................................................................... 20............................ ,

starting from............................................... 20............................ to........................... 20.................................

We declare that:

1.  the child was not surrendered for adoption;

2.  the child is not placed in a childcare facility on full state support;

3.  the child is not accommodated under Art. 26 of the Child Protection Act;

4.  the child is not raised by a person included in maternity support programs;

5.  the mother does not continue to use the in person the leave under Art. 163, para. 1 of LC;

6.  the child is not passed away;

7.  the employment relationship of the mother has not been terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                        Declarers:

1..................................

2..................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the declarants
in the undertakings concerned.

2. The excess is crossed out.

 

 

 

Annex N 12 to Art. 45d, Para. 1

(New - SG, 41/17, in force from 01.06.2017, amend. - SG 58/18, in force from 01.07.2018)

 

DECLARATION

for use of leave under Art. 163, para. 10, third sentence of the Labor Code by the parent o the mother or the father We undersigned:

1............................................................................................................................................................................. ,

(full name by ID document)

2............................................................................................................................................................................. ,

(full name by ID document)

state that the first of us as a mother agrees, and the second as the parent of the mother or as the parent of the father accepts to take paid leave for the adoption of a child for the remainder up to 410 days for:

.............................................................................................................................................................................. >

(full name of the child)

born on....................................................................................................................... 20............................ ,

UCN .....................................................................................................................................................................  ,

started from............................................. 20........................ to................................... 20...............................

We declare that:

1.  the child was not surrendered for adoption;

2.  the child is not placed in a childcare facility on full state support;

3.  the child is not accommodated under Art. 26 of the Child Protection Act;

4.  the child is not raised by a person included in maternity support programs;

5.  the mother does not continue to use the leave under Art. 163, para. 1 of LC;

6.  the child is not passed away;

7.  the labor relationship of the mother has not been terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                             Declarers:

1......................................

2......................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the declarants
in the undertakings concerned.

2. The excess is crossed out.

 

 

Annex N 13 to Art. 45d, Para. 1

(New - SG, 41/17, in force from 01.06.2017, prev. Annex 13 to the 45e, Para. 1, amend. - SG 58/18, in force from 01.07.2018)

DECLARATION

for use of leave under Art. 164b, para. 3 of the Labor Code from the parent of a worker or of an employee who has

adopted a child on her own

 

We undersigned:

1............................................................................................................................................................................. ,

(full name by ID document)

2............................................................................................................................................................................. ,

(full name by ID document)

declare that the first of us as an adoptive mother agrees, and the second as the parent of the adoptive mother accepts to take paid leave for the adoption of a child for the remainder up to 365 days, but not later than the age of 5 years, for

 

(full name of the child)

surrendered for adoption on........................................................................................ 20............................ ,

UCN ......................................................................................................................................................................  ,

started from......................................................... 20.................. to................................ 20............................

We hereby declare that:

1.   the child is not passed away;

2.   adoption has not been terminated by the court;

3.   the child does not attend a kindergarten, including a nursery or school;

4.   the child is not placed in a childcare facility on full state support;

5.   the child is not accommodated under Art. 26 of the Child Protection Act;

6.   the child is not raised by a person included in maternity support programs;

7. the adoptive mother is not deprived of parental rights or the parental rights are not limited by the established
order;

8.   the adoptive mother does not use the in person the leave under Art. 164b, para. 1 of LC;

9.   the employment relationship of the adoptive mother is not terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                         Declarers:

1.........................................

2..........................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the declarants
in the undertakings concerned.

2. The excess is crossed out.

 

 

 

Annex No 13a to the Art. 45e, para. 1

(new - SG 58/18, in force from 01.07.2018)

 

 

DECLARATION

for use of leave under Art. 164b, para. 5, second sentence of the Labor Code, from the parent of a worker or employee who

has adopted a child

 

 

We undersigned:

 

(full name by ID document)

(full name by ID document)

state that the first of us as an adoptive parent agrees, and the second as the parent of the adoptive parent accepts to take paid leave for the adoption of a child for the remainder up to 365 days, but not later than the age of 5 years, for

 

(full name of the child)

surrendered for adoption on................................................................................................ 20........................ ,

UCN.......................................................................................................................................................................... ,

started from............................................................ 20.................... to................................ 20..........................

We hereby declare that:

1.   the child is not passed away;

2.   adoption has not been terminated by the court;

3.   the child does not attend a kindergarten, including a nursery or school;

4.   the child is not placed in a childcare facility on full state support;

5.   the child is not accommodated under Art. 26 of the Child Protection Act;

6.   the child is not raised by a person included in maternity support programs;

7.   the adoptive parent is not deprived of parental rights or the parental rights are not limited by the established order;

8.   the adoptive parent does not use the in person the leave under Art. 164b, para. 5, sentence one of LC;

9.   the employment relationship of the adoptive parent is not terminated.

We undertake, in case of change of the declared circumstances, to notify the enterprise in order to terminate the authorized leave.

We are aware that for incorrect data we are liable under Art. 313 of the Penal Code and that we owe a refund of our unjustified sums together with the statutory interest.

............. 20 ....                                                                            Declarers:

1.........................................

2........................................

Notes:

1. The declaration shall be completed in duplicate, each of which shall be kept in the personal files of the declarants in
the undertakings concerned.

2. The excess is crossed out.

 

 

 

 

Annex N 14 to art. 45f, Para. 1

(New - SG, 41/17, in force from 01.06.2017)

 

 

 

Declaration for using leave under Art. 163, Para. 12 of the LC by a spouse, where the child has been placed under Art. 26 of the Child Protection Act with spouses

 

 

 

 

 

We, the undersigned:

(full name under identity document)

2...................................

(full name under identity document)

 

 

Declare that the first of us as a female spouse agrees, and the second as male spouse accepts to sue paid leave for the remaining up to 410 days

 

Of......................................

 

 

(full name of the child)

Born............................ 20

Starting from...................... 20 to..................... 20

 

 

Declare that:

1.  the placement of the child has not been terminated under some of the grounds under Art. 19 of the Child Protection Act, as well as in the cases of Art. 30 of the Child Protection Act;

2.  the order of the Director of Social Support Directorate for temporary placement under administrative procedure has not been canceled;

3.  the court has not refused to upheld the request for placement of the child or has not terminated the formed procedure;

4.  the child has not died.

We are obliged in case of termination of the placement of the child under some of the grounds of Art. 29 of the Child Protection Act, as well as in the cases under Art. 30 of the Child Protection Act, in case of cancelling the order of the Director of Social Support Directorate for temporary placement under Administrative procedure, in case of refusal of the court to upheld the request for placement of the child, or in case of termination of the formed procedure, in case of death of the child, as well as in case of termination of the employment legal relations of the female spouse, to notify the enterprise in order to terminate the permitted leave.

 

 

We are aware that for untrue data we bear responsibility under Art. 313 of the Penal Code and that we owe recovery of unlawfully paid sums with the legal interests.

 

 

 

............ 20

Declarers:


Remarks:

1.  The Declaration shall be filled in in 2 copies, each of them shall be stored in the personal files of the declarers in the relevant enterprises.

2.  The excess is overwritten.

 

 

.................... 20

Declarers:

1....................

2....................

Last edited: 14.01.2020