Labor Law (Bulgaria)

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The Labor Law regulates in Bulgaria the legal relationships between individual employees and employers ( individual labor law ) and between the coalitions and representative bodies of the employee and the employer ( Collective Labor ).

Legal sources

Bulgarian labor law is characterized by a multi-level normative regulation. In addition to the Labor Code (short: ArbGB, bulg .: Кодекс на труда) of 1986, numerous detailed laws and ordinances (ordinance for persons who have not yet completed 15 years (1986); ordinance number 4 of 1993 on the necessary Documents to be attached to an employment contract ; Ordinance number 5 on the procedure for registering employment relationships according to Art. 62, Paragraph 4 of the Labor Code and a.)

Employment relationship

The employment relationship is a legal relationship between the employer and the employee. Its content includes the rights and obligations of the parties - the employee must do his job and observe the discipline enforced by the employer in the company, on the one hand and on the other hand, the employer must provide the working conditions and pay the employee an appropriate wage.

The employment relationship can arise for reasons listed in detail in the Labor Code: employment contract , application process, election or administrative act.

Parties to the employment relationship

The worker is a person who does physical labor. Employee does intellectual work. This natural person must reach a certain minimum age and be in a suitable state of health. The general minimum age for entering into employment in Bulgaria is 16 years according to Art. 301, Paragraph 1 of the Labor Code. For some jobs, the minimum age can be increased due to the risk of damage. Bulgarian legislation also regulates some cases in which the minimum age can be lower (example: work in the circus, art). The completed age is proven with the identity card or with the birth certificate. The employer can be a natural or legal person. He has the right to give instructions. His duties include, however, to provide the working conditions, to pay the wages and to take care of the social security of the employee.

employment contract

The employment contract is an agreement between an individual employee who performs their work force service, and any other person employer that provides the working conditions and makes an early payment for carrying out the work performance. Art. 66 in the Labor Code sets the conditions that the employment contract must comply with. The contract must contain:

  1. Personal data of the parties;
  2. the place of work;
  3. the type of employment and the description of the work activity;
  4. the duration of the contract;
  5. the length of annual paid leave ;
  6. same period of notice for both contracting parties;
  7. The date of conclusion of the contract and the date on which the employee actually started work;
  8. the regular daily or weekly working hours of the employee;
  9. the basic wage .

A description of the position must also be drawn up together with the employment contract . According to Art. 67 Para. 2 Labor Code, the employment contract is usually concluded for an unlimited period. The law also provides for the possibility of the employment contract being concluded as a fixed-term employment contract . An express agreement between the parties is necessary. The Bulgarian Labor Code regulates various types of employment contract: employment contract for a probationary period (Art. 70, 71 Labor Code), employment contract for an internship (Art. 230-233 Labor Code), main employment contract and employment contract for additional work with the same or another employer. In order for the employment contract to be valid, it must be concluded in writing.

wage

Payment of wages is one of the employer's obligations and a mandatory part of the employment contract. This right of the worker is promulgated in the Bulgarian Constitution of 1991. When calculating the employee's wages, it is necessary to take into account the length of the working hours , the intensity and quality of the workforce . The pay can be calculated by two methods:

  • Calculating the earnings after the time for performance has been taken
  • Performance remuneration - a form of remuneration in which the service performed or to be performed is the basis of the pay amount.

A minimum wage is set by the Council of Ministers for low-skilled jobs . The Labor Code defines various types of additional benefits, such as supplements for overtime , public holidays , night work and the like. a.

working time

Bulgarian legislation gives the possibility for different lengths of working hours - normal working hours, extended working hours, reduced working hours and part-time work . The normal working hours are determined according to the normal and customary working conditions (Art. 136 ArbGB): the fixed working day is eight hours and the fixed working week - 40 hours. This is also the maximum duration under applicable law . According to Art. 136 a of the Labor Code, the extended working hours are working hours whose duration is longer than the legally stipulated. The special feature is that the introduction of these working hours is carried out by means of a written instruction with legally prescribed content. The reduced working time according to Articles 137, 305, 309, 317 of the Labor Code has a duration that is shorter than the regular working time. The reasons for their introduction can be special or health-endangering working conditions or the age and other characteristics of the employee. These working hours can be determined by contractual agreement or unilaterally by the employer.
Part-time work - the working time here comprises a fraction of the legally specified working time (Art. 138 Labor Code).
Working hours can also be set as regular working hours or overtime.
Regular working hours are when the duration of working hours is determined by an agreement between the parties. This duration can be normal, reduced or partial. In the case of overtime, the working hours agreed in the contract have been exceeded. The overtime is remunerated in accordance with Art. 262 Labor Code with an increase agreed between the parties. Bulgarian law sets the minimum wages. Night work
can also be done in Bulgaria . Night work covers the period from 10:00 p.m. to 6:00 a.m., for underage workers from 8:00 p.m. to 6:00 a.m. The ArbGb regulates the wages for the performance of this work in Art. 261. Working hours can also be actual working hours (working hours in which the employee is supposed to directly fulfill his work duties) and time available (it is remunerated in a reduced amount. Should the employee be called up , this time will be remunerated as overtime). Compensation for overtime worked. In Art. 143–150 Labor Code, overtime hours are regulated by law. This work is carried out following instructions from the employer or with their knowledge and without being compared (Art. 143 Para. 1 Labor Code). In Bulgaria, the employee is not obliged to work overtime unless otherwise agreed. The overtime must be worked outside of regular working hours (e.g. before the start or after the end of the working day and during lunch breaks ). Overtime is ordered in Bulgaria through a declaration of intent from the employer. Overtime can also be worked without a declaration of intent from the employer if he is aware that the employee is working overtime and does not object. Important: if the employee works in Bulgaria without knowing that this is overtime and without an order from the employer, then this time does not count as overtime. According to Bulgarian law, overtime is permitted only in the cases provided for by law (Art. 144 Labor Code): 1. It is a matter of a public interest that must be defended (e.g. work related to the protection of the state, for Prevention of a crisis or the control or overcoming of its consequences or in the case of activities that cannot be postponed and serve the interests of society and the common good); 2. Activities that affect the employer and the employee (in the case of restoration work as a result of accidents or disasters or when ensuring occupational safety ; if work has to be carried out in full that cannot be carried out during working hours and this creates a risk ; when carrying out necessary seasonal work ).

According to Article 146, Paragraph 1 of the Labor Code, the duration of overtime within a calendar year must not exceed 150 hours within a working week - 6 hours of daytime work and 4 hours of night work; within one working month - 30 hours of day work and 20 hours of night work. Compensating overtime with breaks is prohibited. The overtime worked will be remunerated with correspondingly higher surcharges, which are agreed between the parties to the employment contract (Art. 150 in conjunction with Art. 262 Labor Code). The minimum surcharges must be as follows:

  • 50% for work on working days ;
  • 75% for work on public holidays ;
  • 100% for work on public holidays;
  • 50% for work with total calculation of working hours.

Rest breaks

During the break , the employee is not obliged to do his or her work. This is a consequence of the characteristics of rest as a time for rest , which is intended to restore workforce .

  • 1. Lunch break is a work break during the working day (Art. 151 ArbGB). However, it must not be shorter than 30 minutes.
  • 2. The rest period after the end of the daily working hours (Art. 152 ArbGB) must not be less than 12 hours.
  • 3. Inter-weekly rest periods (Art. 153 ArbGB) are 2 consecutive days (48 hours) with a 5-day working week. If the working hours are calculated together, the weekly rest period can also be at least 36 hours. If the total calculation of working hours relates to shift work , the break does not have to be shorter than 24 hours.
  • 4. Rest periods after overtime worked in the inter-weekly rest period - the employee can take an uninterrupted rest period of at least 24 hours in the next working week. The exact day for this is specified in the employer's instructions ordering overtime.
  • 5. Public holidays (Art. 154 Labor Code)

However, the wages during the holidays must not be less than twice the usual wages (Art. 264 Labor Code). The overtime worked on public holidays is paid with an allowance increased by 100% (Art. 262, Paragraph 1, Labor Code).

vacation

This is a period during which the employee may stay away from work with the consent of his employer. The holiday provides a legally recognized individual right is the employee about which he can always dispose freely when the statutory requirements. Vacation is measured in working days and hours . The Bulgarian Labor Code regulates different types of vacation. In the first place, the vacation can be paid - it is a subjective right of the employer and is also added to the seniority ; The vacation can also be unpaid - this requires the express consent of the employer. A special feature is that unpaid leave is only added to seniority in cases expressly provided for by law. According to Art. 160, Paragraph 2, Labor Code, 30 days are recognized as seniority. Further addition will only take place in the cases provided for by law. No particular seniority is required to claim this. According to the social purpose of the vacation, they differ:

  • Regular paid annual leave , which is regulated in Art. 155–156a Labor Code - a special feature here is that the prerequisite for its use is a seniority of at least 8 months. The statutory minimum entitlement to paid leave is 20 working days. The types of leave are as follows: basic leave (every employee has the right to this leave and it cannot be shorter than 20 working days); Extended annual leave (certain categories of employees and civil servants are entitled to this. The prerequisites for the use of extended annual leave are a seniority of at least 8 months and the special nature of the employment. Its duration can be between 30 and 48 days); Additional leave according to Art. 156 ArbGG - it is in the ordinance on the types of work for which additional leave is permitted.
  • Earmarked leave - no seniority is required to claim it. Is z. B. Leave for the fulfillment of civil and other duties, which is provided for in Art. 157 Labor Code; Leave for official purposes and creative leave - Art. 161 ArbGB; Leave for social reasons - temporary incapacity for work , maternity , bringing up a child up to 2 years or up to 8 years, breastfeeding ; Educational leave ; Leave for the preparation of the application or admission to an educational institution u. a.

Disciplinary proceedings

In addition to the employer, disciplinary measures can also be taken by a person authorized by him or an authority authorized by law (Art. 192 Labor Code). A termination, however, can only be issued by the employer.

The employer is obliged to investigate the facts that substantiate a possible violation and to establish this (Art. 193 Labor Code). The employer is also obliged to give the employee the opportunity to comment on the allegation in a hearing . The decision as to whether and how a disciplinary sanction should be imposed is at the employer's discretion, whereby the employer should be guided by a number of criteria (the severity of the violation; the circumstances under which the violation was committed; the behavior of the employee until the violation was committed) . The criteria must be applied cumulatively and the employer should take them into account for the time being, since the employee can bring an action before the local court within the period of Art. 358 Labor Code . In its decision, the court then examines the existence of the above criteria. The employee cannot be sanctioned more than once for the same violation.

disciplinary action

The sanctions are imposed on the employee if he has violated company rules or work discipline . The reasons for the imposition of such measures are listed in Articles 186, 187 and 190 of the Labor Code. Various types of disciplinary sanctions are provided for in Art. 188 ( admonition ; warning ; termination is the employer's sharpest sword and is intended here as extraordinary and without notice). The employer must issue the sanction in writing. The Bulgarian code contains mandatory provisions on the content of the order. This must state the reasons for the decision and be signed by the employer. In addition, an explicit reference to the legal provision on which the sanction is based must be given. The order must be handed over to the employee in person. If that were not possible, the order can be sent by registered letter with acknowledgment of receipt. With the signature or receipt of the registered letter, the order becomes effective for the employee. The deadline for filing an action against the order in accordance with Art. 358 Labor Code also runs from that date . The day is also decisive for setting the deadline for deleting the sanction. The imposition of a disciplinary measure is also limited by certain time limits. These are regulated in Art. 194 of the Labor Code: accordingly, a sanction must be imposed no later than 2 months after the breach is discovered, but no later than 1 year after it has been committed. A special feature of the disciplinary measures is the so-called deletion. All disciplinary measures can be deleted, but the consequences of termination of the employment relationship cannot be deleted. The removal of this strictest disciplinary measure has more of a moral meaning than a legal one. There are two possibilities for the deletion of disciplinary action - with the expiration of one year from the receipt of the imposition by the employer in the case when it comes to admonition or warning goes. In the second case, the deletion also takes place by means of a written, justified order from the employer.

Liability of the parties to the employment contract

The liability of the parties can be divided into 2 areas - disciplinary liability , which can only be borne by the employee , and asset liability . The reasons for the imposition of disciplinary liability are listed in Art. 187 Labor Code and these are violations of work discipline or non-fulfillment of the duties that have arisen for the employee through the employment relationship, such as: delay , absence from work, appearance at the workplace in one Incapable of working, failure to follow the rules of lawful instructions from the employer, etc. a. It is important to note that the ArbGB does not list the reasons as numerus clausus - there may also be other reasons for the imposition of liability (regulated in the employment contract, for example) The reasons for extraordinary termination without notice (Art. 190 ArbGB- Disciplinary dismissal ) are regulated in Art. 190 - these are serious violations of work discipline , some of which are specifically regulated in the law.
The employee's financial liability is regulated in Art. 203–212 Labor Code. The employee is liable with his assets if he has culpably caused damage in the performance of his work obligations and has thereby violated his duty to protect the employer's assets from damage. These are through the principles of economic and production risk. Liability is differentiated into 2 forms - full liability and limited financial liability. In the case of full liability, the amount of remuneration is not taken into account. The prerequisites for this are that the damage was caused intentionally, through the commission of a criminal offense or not while exercising the employment. The last requirement is the so-called damage caused by deficits in a cash register or inventory .
Limited liability assets - this may the amount of labor remuneration not exceed. The legal regulation can be found in Art. 203, Paragraphs 1 and 3, Art. 204–209 and Art. 210 Labor Code. The amount of liability is also different for different employees - for ordinary employees no more than the amount of the monthly remuneration , for executive employees the limit is three times the monthly remuneration and for employees entrusted with accounting tasks - the full extent of the damage caused.
In cases of limited financial liability, the employer issues an order stating the reason and the amount of liability (Art. 210 Labor Code). The order will be issued within one month of the discovery of the damage (but not later than 1 year after it was caused). For executive or accounting employees, the deadlines are accordingly 3 months and 5 years. According to Art. 200 para. 1 of the LC RF also contributes to the employer an asset liability for damages that lead to temporary or permanent disability or death have led the employee. The employer is liable if the occupational accident occurs as a result of force majeure or on the occasion of the fulfillment of work obligations or during rest periods without the employee himself contributing to the occupational accident or causing it willfully. The cases in which the employer pays a severance payment are regulated in Art. 213–226 Labor Code and the amount of the severance pay is calculated based on the gross salary for the last month, unless otherwise provided (Art. 228).

Cancellation agreement and termination of the employment relationship without a letter of termination

Any of the parties to the employment relationship in Bulgaria can terminate the employment relationship without observing any deadlines, by mutual agreement of the parties. The ArbGB, in n Art. 325 Paragraph 1 P. 1–12, regulates the cases in which it is possible to terminate the employment relationship in this way. The most important of which are the termination agreement , the arrangements for its effectiveness of writing to make necessary, and the impossibility of the worker his work, in two very specific cases - this impossibility is the result of a disease or if the employment of the employee for health reasons is not reasonable. It is important that in these two cases, under current law, it is not permissible to terminate the employment contract simply for this reason. There must be two cumulative conditions: the employee's incapacity for work and the inability of the employer to offer another job that is compatible with the employee's state of health .

Termination by the employee in Bulgaria

There are two ways for the employee to terminate the employment contract - ordinary termination , in which notice periods must be observed, and extraordinary termination. In both cases it is a matter of a subjective right of the employee. According to Art. 326, Paragraph 2 of the Labor Code, the notice period is different for fixed-term and open-ended employment contracts. The Bulgarian law provides for a notice period of 30 days for open-ended contracts, although it is permissible that a longer notice period (maximum 3 months) is stipulated in the contract. The period for fixed-term employment is 3 months. The termination can be in Bulgaria acc. Art. 326 para. 4 sentence 2 of the Labor Code can be revoked before or at the same time as it is received by the employer . After receipt, it can be withdrawn by the end of the notice period with the consent of the employer (Art. 326, Paragraph 4, Clause 4, Labor Code). The employee in Bulgaria can also terminate the employment contract without notice, but only for certain reasons that are regulated in Art. 327 Labor Code. The most important of which is the hypothesis where the employer's payment of overtime pay hesitates. Even a delay of one day is sufficient to unilaterally terminate the employment contract by the employee without observing any deadlines.

Termination by the employer in Bulgaria

In Bulgarian labor law , Art. 328 et seq. Of the Labor Code, a number of reasons for termination are set out, in each of which the employer can unilaterally terminate the employment contract by means of a written letter of termination within the deadlines of Article 326, Paragraph 2 of the Labor Code, among which: in the event of the company being closed ; In the event of the closure of parts of the company or downsizing ; with decrease in the volume of work ; in the event of a work stop that lasts more than 15 working days ; if essential characteristics of the employee are missing, which does not allow him to cope with the assigned job effectively ; the employee does not have the necessary training or specialist qualifications for the job; if the employee refuses to pursue his employment when moving the company to another location; on completing 65 years of age for professors , lecturers or doctors ; in the event of an objective impossibility to fulfill the employment contract.

The notice is in Bulgaria for 30 days usually when no deviating agreement has been made (and not more than 3 months). In the event of termination due to partial closure of the company, due to downsizing or a decrease in the scope of work, the employer has, in accordance with Art. 329 Labor Code Law (which could also be observed as a duty), the so-called right to vote (or social choice ). The employer can terminate these employees whose jobs are not to be cut and, in the interests of the company, keep the employees with higher work performance or qualifications. Proper execution of this election is a condition for the legality of termination of the employment contract. The employer in Bulgaria can terminate the employment relationship according to Art. 330 Paragraph 1 and Paragraph 2 of the Labor Code also terminate extraordinarily and without observing a deadline. The legal hypotheses for which the employer has this right are u. a., as follows: when the employee is arrested for the purpose of enforcing a criminal judgment ; In the case of a professional ban imposed by a court or other state organs ; In the event of the employee's academic degree being withdrawn if its existence was decisive for the conclusion of the employment contract; upon removal of the employee from the relevant professional register (e.g. pharmacists , doctors, etc.); if the employee is dismissed in a disciplinary manner. In Bulgaria the employer can offer the employee the termination of the employment contract in exchange for a severance payment . If the employee does not respond to the offer in writing within a period of 7 days , this is deemed to be a rejection of the offer. If the employee accepts the offer , the employer is obliged to pay a severance payment that is at least four times the last gross monthly salary .

Termination time

Article 335, Paragraph 2 of the Labor Code provides the following options: in the event of ordinary termination - upon expiry of the notice period ; if the notice period is not observed - with the expiry of the corresponding part of the period; in the case of termination without notice - upon receipt of the termination.

Protection in the event of unlawful termination

This protection applies after termination of the contract by the employer. The protection against dismissal in Bulgaria is legally regulated in Articles 344–346 and 225 (with regard to severance payments ) of the Labor Code. The termination is unlawful if the termination is not covered by any of the statutory reasons for termination ; for procedural violations ; failure to comply with the provisional protection against dismissal; if the notice of termination was not given by the employer but by another - unauthorized person.

In Bulgaria, protection against unlawful dismissal offers the employee two options for defense . Gem. Art. 344 para. 1 Labor Code of workers with a can termination suit from court require that notice be declared unlawful and cumulatively of his reinstatement can be applied to previous work demand. The period between the entry into force of the notice of termination and its judicial repeal is recognized as seniority .

In the context of an independent lawsuit , as a second option, compensation can also be requested. The prerequisite for this is that the court declares the termination to be unlawful . The amount of the severance payment is based on the gross salary for the month preceding the termination (Art. 228 Para. 1 Labor Code). The severance payment is owed for a period of 6 months. With this procedure , the employee cannot demand cumulative severance pay.

Time limits and jurisdiction of the court

According to Art. 358, Paragraph 1, No. 2 of the Labor Code, the deadline for filing an action is 2 months. According to Art. 358 Paragraph 1 No. 3, the action for a severance payment can be brought within a period of 3 years. The civil courts in Bulgaria have jurisdiction over the above claims . According to Art. 359 Labor Code, there are no legal costs for the employees . The jurisdiction of the court for individual employment contracts with an employer who is domiciled in an EU country is regulated in Section 5 of Regulation (EC) No. 44/2001 (Brussels I) of the EU Council. The regulations in the regulation again serve to protect the employee and give the latter alternatives for the competent courts depending on his wish, among these alternatives it is important to name one, namely - the employer can be sued in the court of the place where the employee usually performed or last performed his work.

literature

  • Vasil Mrachkov: "Trudovo pravo." (Bulgarian labor law) 8th edition. Sibi, Sofia 2012, ISBN 978-954-730-781-0 .
  • Vasil Mrachkov: "Komentar na Kodeksa na truda." (Commentary of the Labor Code) 11th edition. Sibi, Sofia 2013, ISBN 978-954-730-817-6 .
  • Vasil Mrachkov: "Dogovorat v trudovoto pravo." (Contract in Labor Law) 1st edition. Sibi, Sofia 2010, ISBN 978-954-730-661-5 .
  • Nina Gevrenova: "Spezialna zakrila na rabotnicite i sluzhitelite s namalena rabotosposobnost." (Special protection of employees and employees with reduced working capacity) 1st edition. Sibi, Sofia 2013, ISBN 978-954-730-854-1 .
  • Vasil Mrachkov: "Imustestvena otgovornost na rabotodatelya." (Employer's property liability) 1st edition. Sibi, Sofia 2013, ISBN 978-954-730-853-4 .
  • Mirolub Topalov: "Rabotodatelyat kato strana po individualnoto trudovo pravootnoschenie." (The employer as a party to the individual employment relationship) Sibi, Sofia 1997, ISBN 954-8150-71-9 .

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