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Amendments in the Labour Code from the last days of 2020

  1. The possibility for bilateral cooperation is introduced – between trade unions and employers’ organizations on the issues of:
  1. The application of the Labor Code (LC) is clarified – unless otherwise provided by a law or an international agreement, the LC applies to the employment relation between:

The above does not apply to employment relations with an international element, if the parties have chosen their employment relations to be governed by the law of another country.

The employee will have the right to enjoy the protection provided by the mandatory provisions of the State on which or from which territory the work is normally performed, when these norms are more favorable for the employee.

  1. The Minister of Labour and Social Policy may extend the application of the collective employment agreement signed at industry or branch level (or of some provisions) in all enterprises of the branch or branch:

The extension of the collective employment agreement signed at industry or branch level (or of some provisions)

The following entries are provided:

Employees join to a collective employment agreement signed between a trade union organization in which they are not members and their employer:

  1. An amendment is introduced in the cases of working through an enterprise which provides for temporary work – the sent employee may be posted for execution of his employment duties outside the working place under the permanent employment by the enterprise which provides for temporary work:
  1. An amendment is made regarding the posting and sending of employees in framework of the provision of services – the obligation of the employer or the enterprise which provides for temporary work to pay labour remuneration in compliance with the Bulgarian legislation is more precisely determined.
  1. Amendments are made regarding the following employment agreements:

6.1 For working on certain days of the month – the employee may enter into such an employment agreement with the employer with whom he works to perform work that is not within the scope of his work duties, outside the working hours established for him;

6.2 For short-term seasonal agricultural work – already registered tobacco producer may enter into such an employment agreement. Tobacco can be harvested without the requirement for a profession with special qualification in the main economic activity “Crop production”.

  1. The establishment of an obligation for duty or for placement of the employer during a certain time of the day is specified:
  1. Some changes have been made in the following cases of regular working hours:

8.1 Spread-over working hours – when due to necessity the employees perform their work duties and after the expiration of the regular working hours, the employees have the right to the breaks provided for these cases in the Labor Code.

8.2 Night work – the food that the employer shall provide is free (and not hot).

8.3 Aggregate estimation of working hours

  1. A supplement has been made about the overtime work – with a collective employment agreement signed within industries and branches a longer duration of 150 hours of overtime work can be agreed, but not more than 300 hours in one calendar year.
  2. The following changes have been introduced in the basic paid annual leave:
  1. A supplement was made regarding the terms for imposing disciplinary sanctions – when the protection in cases of dismissal under the LC shall be applied, these terms do not run from the time of submitting the request to receiving the opinion of the labor expert medical commission and/or the preliminary permission for dismissal.
  2. Amendments have been made upon termination of the employment relation after the employee has acquired the right to a pension for length of service and age:

12.1 The compensation for a period of 6 months – the employer owes this compensation if the employee has acquired 10 years of employment service in the last 20 years while working for the same employer or in the same group of enterprises.

12.2 The termination by the employer of the employment relationship on the grounds of the employee’s right to a pension for length of service and age – it is specified it is applicable “except in cases of” acquisition of the right to a pension by teachers under the Social Insurance Code.

  1. The names of some employment agreement have been amended:
  1. As length of service shall already be recognized:
  1. Amendments and supplements related to the leaves during active and fixed-term service in the voluntary reserve – have been introduced in the LС through the Law for amendment and supplement of the Law for the reserve of the Armed Forces of the Republic of Bulgaria:
  1. The following amendments and additions have been introduced regarding infringements and penalties:

16.1 The sanction for repeated non-fulfillment of the obligations for provision of healthy and safe working conditions has been reduced.

16.2 Amendments have been introduced concerning the sanctioning of repeated infringements of:

Administrative sanctions are provided in case of systematic violation of the above obligations, as well as in case of systematic violation of the following obligations of the employer:

16.3 Administrative sanctions or fines are provided in the following cases:

16.4 Amendments have been made regarding the agreement with the sanctioning administrative authority:

16.5 A definition of “systemic violations” is introduced – such are available when

16.6 The term “group of enterprises” is specified – in all cases the reference is to the Labor Migration and Labor Mobility Act.

16.7 A definition for “systemic violations of the labour discipline” is introduced – such ones are:

The present news should not be construed as (binding) legal advice and is intended for information only. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.