Changes in the Labour Code

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The Parliament adopted amendments and additions to the Labour Code (,,LC”), which transpose several directives of the European Parliament and the Council into national law.

The amendments entered into force on 01.08.2022.

The amendments aim to encourage the predictability and security of the employment relationship on one hand and to improve the possibilities for reconciling work and family responsibilities on the other.

These are the more important changes:

The employer is now obligated to provide information to the employee at the latest until the amendment of the employment relationship (ER) takes effect. Until now, the law provided for this to be done at the earliest opportunity or at the latest within one mouth after the amendment enters into force. This measure raises awareness of the element of the ER.

A requirement is introduced, when the term of the employment contract is shorter than one year, that the trial period is up to one month.

An important change is the abolition of the general prohibition to work for another employer. By amending the provision of Art. 111 of the LC, the prohibition of additional work for another employer can only be agreed under certain circumstances and not in principle, as was previously the case. The prohibition of additional work is only possible for reasons of protecting trade secrets and/or preventing conflicts of interest.

The employee shall be given the opportunity to propose in writing to the employer the amendment of the ER in relation to:

  1. Transition from a fixed-term to an open-ended employment contract.
  2. Transition from part-time to full-time.

The employer shall be obliged to notify the employee in writing, if he doesn’t accept the offer to change the ER. The term for notifying the employee is 1 month, and the employer must give reasons for his refusal.

A new provision is created – Article 164c in the LC. It regulates the individual right to leave for the upbringing of a child up to the age of 8 in favour of the father (the adopter) with a guaranteed right to a monetary benefit from the state social security. It also introduces corresponding changes to the Social Security Code.

The news above is for information purposes only. It is not a (binding) legal advice. 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.