On the 9the April 2020, the State Gazette published the amendments and supplements to the State of Emergency Measures and Actions Act.
Key amendments:
A definite list of the court cases which are not suspended during the state of emergency.
New rules for the suspension of various legal terms
The general rule for 1 month prolongation of the term after the end of the state of emergency will not apply to public procurements, concession procedures, proceedings under the Law on the Management of Funds from the European Structural and Investment Funds, proceedings under the Spatial Development Act and proceedings under the Competition Protection Act.
The rule for lack of consequences due to delay of payments is changed significantly.
The new rule provides an explicit exception in contrast with the more general approach of the previous version.
The new text:
“Until the termination of the state of emergency, in case of payment delay by private entities, debtors under credit agreements and other forms of financing (factoring, forfeiting and others) provided by banks and financial institutions under Art. 3 of the Law on Credit Institutions, including when the receivables are acquired by other banks, financial institutions or third parties, and under leasing contracts, no interest and penalty interest will be charged, and this shall not be deemed case of default with all the respective consequences. “
Leases on state and municipal property
State and local authorities may reduce the amount of the rent and use fees or exempt their payment, in whole or in part, individuals and legal entities – tenants or users who restricted or ceased operations as a result of measures and restrictions imposed during a state of emergency.
Healthcare
Until the state of emergency is lifted, the National Health Insurance Fund and the Bulgarian Medical Union, respectively the Bulgarian Dental Union, may sign an annex to the respective national framework contract, which contains remuneration for work during unfavorable conditions during the declared emergency situation of the medical care providers, respectively. Dental assistance, conditions and procedure for payment and methodology for determining amounts.
Measures Against Money Laundering Act (MAML)
Suspension of the term for adoption of internal rules under MAML until the repeal of the state of emergency.
Suspension of the term for setting up internal specialized department in banks, financial institutions, investors companies until the repeal of the state of emergency.
Nonprofit organizations which do not fall into any other category of obliged parties pursuant MAML will be able to adopt their internal anti-money laundering policies within 4 months as of the end of the state of emergency.
Tourism
A tour operator who has to reimburse a traveler for a paid trip when canceled due to a declared emergency, may offer the traveler a voucher for the amount paid. If the traveler does not accept the voucher and, in the absence of another replacement package agreement, between the tour operator and the traveler, the tour operator shall reimburse no later than one month from the date of the cancellation of the emergency any payments received by the traveler or on his behalf.
Seasonal workers
During the state of emergency employment contracts under Article. 114a, para. 1 of the Labor Code for short-term seasonal agricultural work can be concluded for more than one day, and this time is not recognized as work experience. The employment contract has a normal working time for the day up to 8 hours, and the parties thereto can agree to work for 4 or 6 hours. Upon conclusion and termination of the employment contract apply Art. 62, para. 3 and 4, Art. 127, para. 1, item 4 and art. 128a, para. 3 of the Labor Code shall not apply.
The remuneration is paid on the day of expiry of the employment contract against a receipt, an integral part of it. Where the term of the employment contract is longer than one month, the salary shall be paid every month, but no later than the 5th day of the month following the month in which the work is laid.
New milder sanctions for violations of anti-epidemic measures
The sanctions for violation of the orders of the Minister of Health, imposing anti-epidemic measures, are reduced. For natural persons a fine BGN 300 to BGN 1000. In case of repeated violation from BGN 1000 to BGN 2000.
If the offender is a sole trader or a legal entity, the property sanction is from BGN 500 to BGN 2000. In the case of repeated breach from BGN 2000 to BGN 5000.