L A B O U R C O D E
Promulgated, SG, No. 26 of 1.04.1986 and No. 27 ?f 4.04.1986, suppl., No. 6 ?f 22.01.1988, Amended And Supplemented.No. 21 ?f 13.03.1990., Amend.., No. 30 ?f 13.04.1990., in force from 13.04.1990, No. 94 ?f 23.11.1990, No. 27 ?f 5.04.1991, in force from 5.04.1991, suppl., No. 32 ?f 23.04.1991, Amend., No. 104 ?f17.12.1991, in force from 17.12.1991, Suppl., No 23 ?f 19.03.1992, Amend. And Suppl, No. 26 ?f 31.03.1992, Suppl., No. 88 ?f 30.10.1992, Amend. And Suppl., No. 100 ?f 10.12.1992, in force from 1.01.1993; Decision ? 12 of the Constitutional Court ?f 20.07.1995 - No. 69 ?f 4.08.1995; Suppl., No. 87 ?f 29.09.1995, Amend. And Suppl., No. 2 ?f 5.01.1996., Amend., No. 12 ?f 9.02.1996, Amend. And Suppl., No. 28 ?f 2.04.1996, Amend., No. 124 ?f 23.12.1997, Suppl., No. 22 ?f 24.02.1998; Decision ? 11 of the Constitutional Court ?f 30.04.1998 - No. 52 ?f 8.05.1998; Suppl., No. 56 ?f 19.05.1998, No. 83 ?f 21.07.1998, No. 108 ?f 15.09.1998, Amend. And Suppl., No. 133 ?f 11.11.1998, No. 51 ?f 4.06.1999, Suppl., No. 67 ?f 27.07.1999, in force from 28.08.1999, Amend., No. 110 ?f 17.12.1999, in force from 1.01.2000, Amend. And Suppl., No. 25 ?f 16.03.2001, in force from 31.03.2001, Amend., No. 1 ?f 4.01.2002, No. 105 ?f 8.11.2002, Amend. And Suppl., No. 120 ?f 29.12.2002, No. 18 ?f 25.02.2003, Amend., No. 86 ?f 30.09.2003 ?., in force from 1.01.2004 ?., Amend. And Suppl, No. 95 ?f 28.10.2003, No. 52 ?f 18.06.2004, in force from 1.08.2004.
INTRODUCTION - repealed
Subject and Aim
(1) This Code shall regulate the labour relationships between the employee and the employer, as well as other relationships immediately related to them.
(2) (New - SG, No. 2/1996) Relationships related to providing labour force shall be arranged as employment relations only.
(3) (Amended - SG, No. 25/2001) This Code shall aim to ensure the freedom and protection of labour, equitable and dignified working conditions, as well as the conducting of social dialogue between the State, the employees, the employers and their organizations, for the purposes of settlement of labour relations and other immediately related relations.
(New – SG, No. 25/2001)
The State shall carry out the regulation of labour relations and the immediately related relations, the social security relations and the living standard issues after consultations and through dialogue with the employees, the employers and their organizations, in the spirit of cooperation, mutual compromise and respect for the interests of each of the parties.
(Amended – SG, No. 25/2001)
(1) The State shall carry out the regulation of labour relations and the immediately related relations, the social security relations, as well as the living standard issues, in cooperation and after consultations with the employees' and the employers' representative organizations.
(2) The procedure under paragraph (1) shall be conducted as mandatory in the process of passing legislation in the sphere of labour relations and the immediately related relations, the social security relations and on living standard issues.
National Council for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) The cooperation and consultations under Article 3 shall be carried out on national level by the National Council for Tripartite Cooperation.
(2) The National Council for Tripartite Cooperation shall comprise two representatives from each of the following: the Council of Ministers, the representative organizations of the employees and the representative organizations of the employers. The Council of Ministers shall assign its representatives, and the representatives of the representative organizations of the employees and the employers shall be assigned by their managing bodies in compliance with their Articles of association.
(3) The National Council for Tripartite Cooperation shall be headed by Deputy Prime Minister.
Industry, Branch and Municipal Councils for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) The cooperation and consultations under Article 3 shall be carried out by industries, branches and municipalities, by industry, branch and municipal councils for tripartite cooperation.
(2) The industry, branch and municipal councils for tripartite cooperation shall comprise two representatives from each of: the relevant ministry, another department or municipal administration, the representative organizations of the employees and of the employers.
(3) The representatives of the ministries, of the other departments and of the municipal administrations shall be assigned by the respective minister, head of another department or mayor of municipality, and those of the representative organizations of the employees and the employers – by their managing bodies in compliance with their Articles of association.
(4) The chairpersons of the industry, branch and municipal councils for tripartite cooperation shall be assigned by the respective minister, head of another department or mayor of municipality after consultations with the representative organizations of the employees and the employers in the respective councils for tripartite cooperation.
Functions of the Councils for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) The National Council for Tripartite Cooperation shall discuss and offer opinions on bills, drafts of secondary legislation and decisions of the Council of Ministers under Article 3.
(2) Opinions of the National Council for Tripartite Cooperation under paragraph (1) may be requested by:
1. the President of the Republic;
2. the Chairman of the National Assembly and the chairpersons of the standing committees of the National Assembly;
3. the Prime Minister.
(3) The industry, branch and municipal councils shall discuss and offer opinion in settlement of specific issues under Article 3, concerning the relevant industry, branch or municipality.
(4) Opinions pursuant to paragraph (3) shall be submitted upon request by the Government body that regulates the respective issues, or by initiative of the industry, branch and municipal councils for tripartite cooperation.
Meetings of the Councils for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) Meetings of the councils for tripartite cooperation shall be convened by their chairpersons, who shall also set forth the agenda for such meetings.
(2) Meetings of the councils for tripartite cooperation may also be convened upon request of the representatives of each of the organizations of the employees or the employers, who shall put forward proposals for the agenda of the meeting.
Work Pattern and Taking Decisions by the Councils for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) The chairpersons of the councils for tripartite cooperation shall chair the meetings, organize and guide the work of the councils in the spirit of cooperation, mutual compromise and respect for the interests of each of the parties.
(2) Meetings of the councils may conduct business provided they are attended by not less than two thirds of their members, including representatives of all the three participating parties.
(3) The councils shall take decisions by consensus.
(4) The decisions taken by the councils for tripartite cooperation shall be submitted to the relevant bodies, as following:
1. decisions of the National Council for Tripartite Cooperation – to the Prime Minister or the relevant minister or head of another department;
2. decisions of industry and branch councils for tripartite cooperation – to the relevant minister or head of another department;
3. decisions of municipal councils for tripartite cooperation – to the mayor of the relevant municipality or the chairperson of the municipal council, according to their competence for adopting a final act on the issues discussed.
(5) The Government and municipal bodies that have received opinions from councils for tripartite cooperation, shall be obliged to discuss them in the process of taking decision within their competence.
Organization and Financing for the Activities of the Councils for Tripartite Cooperation
(New – SG, No. 25/2001)
(1) The organization and the activities of the councils for tripartite cooperation shall be governed by Rules adopted by the National Council for Tripartite Cooperation.
(2) The expenses for the activities of the councils for tripartite cooperation shall be on the account of the relevant Government and municipal bodies participating in such councils.
Association of Employees
(1) Employees are entitled, with no prior permission, to freely form, by their own choice, trade union organizations; to join and leave them on a voluntary basis, showing consideration for their statutes only.
(2) Trade union organizations shall represent and protect employees' interests before government agencies and employers as regards the issues of labour and social security relations and living standards through collective
bargaining, participation in the tripartite cooperation, organization of strikes and other actions, pursuant to the law.
Association of Employers
(1) Employers are entitled, with no prior permission, to freely form, by their own choice, organizations to represent and protect them, as well as to join and leave them on a voluntary basis, showing consideration for their statutes only.
(2) (Amended - SG, No. 25/2001) The employers' organizations under the preceding paragraph shall represent and protect their interests through collective bargaining, participation in the tripartite cooperation, and through other actions, pursuant to the law.
Employees' General Meeting
(Amended - SG, No. 25/2001)
(1) The General Meeting shall comprise all employees of an enterprise.
(2) Where a general meeting cannot function because of the work pattern or for some other reasons, a meeting of proxies may be established by initiative of the employees or the employer. Such meeting shall comprise proxies of the employees, elected for a term determined by the general meetings within the structural units of the enterprise. The rate of representation shall be determined by the employees and shall be the same for the entire enterprise.
(3) The rules for the general meeting of employees shall apply to the convening, the proceedings and the authority of the meeting of proxies.
Work Pattern of the General Meeting
(New - SG, No. 2/1996, Amended - SG, No. 25/2001)
(1) (New – SG, No. 25/2001) The General Meeting of employees shall determine on its own its work pattern.
(2) The general meeting (the meeting of proxies) at the enterprise shall be convened by the employer, by the management of trade union organization, as well as upon the initiative of one-tenth of the number of employees (proxies) in the enterprise.
(3) The general meeting (the meeting of proxies) may conduct business provided it is attended by more than half of the employees (proxies).
(4) (Amended - SG, No. 25/2001) The general meeting of employees shall take decisions by simple majority of the attending employees, unless otherwise provided by this Code, another law or Articles of Association.
Employees' Participation in the Management of the Enterprise
(Amended - SG, No. 25/2001)
(1) Employees shall participate, through a representative of theirs, in the discussion of, and resolving on enterprise management issues only when provided by law.
(2) (New - SG, No. 25/2001) Employees may elect at general meeting representatives of theirs, who shall represent their common interests on issues of labour and social security relations before the employers or before the Government bodies. Such representatives shall be elected by majority of more than two thirds of the members of the general meeting.
(3) (New – SG. No.52/2004) In the cases under Article 123, if the enterprise, the activity or part of the enterprise or activity retains its autonomy, the representatives of the workers and employees under Paragraph 2 shall retain their status and functions for the term of up to 1 year. If the enterprise, the activity or part of the enterprise or activity does not retain its autonomy, the interests of the workers and employees who have been transferred to the new employer, shall be represented by the workers’ and employees’ representatives in the enterprise in which they have come to work.
Exercise of Labour Rights and Duties
(1) Labour rights and duties shall be exercised in good faith, pursuant to the requirements of the law.
(2) Good faith in the exercise of labour rights and duties shall be presumed until the contrary has been proved.
(3) (Amended - SG, No. N52/2004). By implementing the labour rights and obligations, it shall be not admitted direct and indirect discrimination, based on nationality, origin, gender, sexual orientation, race, colour of skin, age, political and religious believes, membership in syndicate and other social organizations and movements, family and material situation, existence of psychic or physical disorders, as well as differences in the contract term and duration of working time.
(4) Labour rights and obligations are personal. Any renunciation of labour rights, as well as any transfer of labour rights and obligations shall be considered null and void. 4
Article 9 - repealed.
Law Applicable to Employment Relationships
(1) This Code shall apply to all employment relationships with Bulgarian enterprises and joint ventures in this country, as well as to employment relationships between Bulgarian citizens and foreign enterprises in this country or Bulgarian enterprises abroad, insofar as not provided otherwise in a law or a treaty to which the Republic of Bulgaria is a party.
(2) The employment relationships of Bulgarian citizens sent to work abroad in foreign enterprises or joint ventures, and of foreign nationals appointed to work in this country in Bulgarian enterprises or joint ventures pursuant to treaties shall be regulated by this Code, insofar as not provided otherwise in a law or a treaty to which the Republic of Bulgaria is a party.
Recognition of Labour Rights Acquired Abroad
Labour rights acquired abroad shall be recognized in the Republic of Bulgaria on the strength of a law, an act of the Council of Ministers, or a treaty to which the Republic of Bulgaria is a party.
Article 12-32 - repealed.
TRADE UNION ORGANIZATIONS AND EMPLOYERS' ORGANIZATIONS
(1) Trade union organizations and employers' organizations are entitled, within the bounds of the law, to autonomously draw up and adopt their statutes and rules, to freely elect their bodies and representatives, to organize their leadership, as well as to adopt programmes of action.
(2) Trade union organizations and employers' organizations shall define their functions freely, and shall perform them pursuant to their statutes and the law.
Representative Organizations of the Employees
(New – SG, No. 25/2001)
Recognized as representative organizations of the employees on national level shall be the organizations which have:
1. at least 50 000 members;
2. at least 50 organizations with not less than 5 members each in more than half of the industries set forth in the National Classification of Industries;
3. local bodies in more than half of the municipalities in the country and a national managing body;
4. capacity of legal entity, acquired pursuant to Article 49.
Representative Organizations of the Employers
(New – SG, No. 25/2001)
Recognized as representative organizations of the employers on national level shall be the organizations which have:
1. at least 500 members with not less than 20 employees each;
2. organizations with not less than 10 members each in more than one fifth of the industries set forth in compliance with the National Classification of Industries;
3. local bodies in more than one fifth of the municipalities in the country and a national managing body;
4. capacity of legal entity, acquired pursuant to Article 49.
Recognition of Representative Organizations
(New – SG, No. 25/2001)
(1) The Council of Ministers shall set forth the procedure for verification of compliance with the criteria for representativeness as per Articles 34 and 35.
(2) Organizations of the employees and of the employers shall be recognized by the Council of Ministers as representative on national level upon their request. The Council of Ministers shall issue decision within three months following the receipt of legitimate request by the interested organization.
(3) The denial of the Council of Ministers to recognize as representative an organization of employees or employers shall be supported by reasons and shall be notified to the interested organization within 7 days following the issue of such decision. The interested organization may appeal the denial before the Supreme Administrative Court.
(4) Recognized as representative shall also be all divisions of organizations recognized as representative on national level.
Verification of Requirements for Representativeness
(New – SG, No. 25/2001)
(1) Following their recognition pursuant to Article 36, paragraph (2), the organizations of employees and of employers shall verify once in every three years their representative character pursuant to the procedure set forth under Article 36.
(2) The Council of Ministers may, on its own initiative or upon proposal of the National Council for Tripartite Cooperation, carry out verification of the compliance with the requirements for representativeness of the organizations of employees and of employers pursuant to Articles 34 and 35.
(3) Depending on the results of such verification the Council of Ministers shall take decision, by which it may:
1. deny the recognition of the representative character of organizations of employees or of employers;
2. confirm the representative character of such organizations pursuant to Article 36, paragraphs (1) and (2).
(4) The denial under paragraph (3), sub-paragraph 1 may be appealed pursuant to Article 36.
Participation in the Preparation of Internal Regulations of the Enterprise
Trade union organization organs in the enterprise shall be entitled to participate in drafting all internal rules and regulations which pertain to labour relations, the employer being bound to invite them to do so.
Article 38 - 41 - repealed.
Participation in the Discussion of Labour and Security Issues
The national leaderships of trade union organizations and employers' organizations, or organs or persons they have authorized, are entitled to participate in the discussion of issues referring to the labour and security relations of employees of ministries, other institutions, enterprises and local government bodies.
Article 43. - repealed.
Article 44. - repealed.
Representation before the Court
Trade union organizations and their divisions are entitled, upon the request of employees, to represent them as attorney before the Court. They shall not be entitled to conclude agreements, to recognize claims, to renunciate, withdraw, or reduce the claims of employees, and to collect amounts on behalf of the represented persons unless they have been expressly authorized to do so.
Cooperation to Further the Activities of Trade Union Organizations
State agencies and employers shall provide conditions for, and cooperate with, trade union organizations to further their activities. The former shall make available to the latter, for gratuitous use, real estate and movables, buildings, premises, and other facilities required for the performance of their functions.
Article 47 - repealed.
Article 48 - repealed.
(1) (Amended - SG, No. 2/1996) Trade union organizations and employers' organizations shall attain the status of legal person upon registration under the procedure established for registration of non-profit associations.
(2) Any division of an organization which has been registered under the preceding paragraph shall acquire the status of a body corporate, pursuant to its statute.
(3) Property relations between the members of a trade union organization which has been wound up, as well as of an employers' organization which has been wound up, shall be regulated pursuant to the provisions of their statutes.
A COLLECTIVE AGREEMENT
(1) The collective agreement shall regulate issues of the labour and social security relations of employees which are not regulated by mandatory provisions of the law.
(2) (Amended - SG, No. 25/2001) The collective agreement shall not contain clauses which are more unfavourable to the employees than the provisions of the law or of collective agreement, which is binding upon the employer.
Levels of Collective Bargaining
(Amended - SG, Nos. 2/1996; 25/2001)
(1) Collective agreements shall be concluded by enterprises, branches, industries and municipalities.
(2) Only one collective agreement may be concluded at the level of enterprise, branch and industry.
Collective Agreement in Enterprises
Article 51 a
(New – SG, No. 25/2001)
(1) Within an enterprise the collective agreement shall be concluded between the employer and a trade union organization.
(2) The trade union organization shall prepare and submit a draft of collective agreement. Where more than one trade union organizations exist within one enterprise they shall submit a common draft.
(3) Where within the enterprise the trade union organizations fail to submit a common draft, the employer shall conclude the collective agreement with that trade union organization the draft of which has been approved by the general meeting of the employees (the meeting of proxies) by majority of more than half of the members thereof.
Collective Agreement on Industry and Branch Levels
(New – SG, No. 25/2001)
(1) The collective agreements by industries and branches shall be concluded between the respective representative organizations of employees and of employers on the basis of an agreement between their national organizations, which shall set forth general provisions in respect of the scope and the procedure framework of the industry and branch level agreements.
(2) The representative organizations of the employees shall prepare and submit a common draft to the representative organizations of the employers.
(3) Where the collective agreement on industry or branch level has been concluded between all representative organizations of the employees and of the employers in the industry or the branch, the Minister of Labour and Social Policy may, upon their joint request, extend the application of the agreement or of individual clauses thereof to all enterprises of that industry or branch.
Collective Agreements by Municipalities
Article 51 c
(New – SG, No. 25/2001)
(1) In the municipalities collective agreements for activities financed from the municipal budget shall be concluded between the representative organizations of the employees and of the employers.
(2) The local divisions of the representative organizations of the employees shall submit common drafts of collective agreements to the local divisions of the representative organizations of the employers.
Obligations to Negotiate and to Provide Information
(Amended - SG, No. 25/2001)
(1) The individual employer, the group of employers, and their organizations shall:
1. Negotiate with the employees' representatives to conclude a collective agreement;
2. Make available to the employees' representatives:
a) the collective agreements concluded which bind the parties on the basis of to sectorial, regional or organizational affiliation;
b) (Amended - SG, No. 25/2001) timely, authentic and understandable information on their economic and financial position which is significant for the conclusion of the collective agreement; provision of information the disclosure of which could cause damages to the employer may be refused or granted subject to requirement for confidentiality.
(2) In case of failure to perform the obligation under the preceding paragraph the employers in default shall owe indemnity for damages inflicted.
(3) The employer shall be deemed to be in delay if he does not fulfil his obligation under para 1, subparagraph 1 within one month, and under para 1, subparagraph 2 within 15 days after the notice.
(4) (New – SG, No. 25/2001) The trade union organizations in the enterprise shall, upon request of the employer at the start of negotiations for collective agreement, provide information about the actual number of their members.
Conclusion and Registration
(1) The collective agreement shall be concluded in writing in three copies - one for each of the parties, and one for the respective labour inspectorate, and shall be signed by the representatives of the parties.
(2) The written form is a requisite for the validity of the collective agreement.
(3) The collective agreement shall be registered in a special register with the labour inspectorate in the area where the employers' seat is located. In case the employers have seats in various areas, the registration shall be registered with one of the inspectorates. Collective agreements of a sectorial or national significance shall be registered with the Executive Agency "General Labour Inspectorate". Disputes as to the competent inspectorate shall be settled by the Minister of Labour and Social Policy.
(4) The registration shall be entered on the grounds of an application in writing of each of the parties within one month after the labour inspectorate has received the application. A copy of the agreement signed by the parties shall be attached to the application.
(5) Should a dispute as to the text of the agreement arise, the registered text shall be deemed authentic.
Entry into Force and Duration
(1) The collective agreement shall come into force as from the date of its conclusion, insofar as it does not provide otherwise.
(2) (Amended - SG, No. 25/2001) The collective agreement shall be deemed concluded for a term of one year, insofar as it does not provide otherwise, but not for more than two years. The parties may agree for shorter terms of validity of individual clauses of the agreement.
(3) (New – SG, No. 25/2001) The negotiations for conclusion of new collective agreement shall start not later than three months prior to the expiry of the term of the current collective agreement.
Extension of the Effect of the Collective Agreement
(1) The effect of the collective agreement concluded between an employers' organization and trade union organizations shall not be terminated with regard to an employer who terminates his membership in it after the agreement has been concluded.
(2) (New – SG, No. 25й2001) In the cases under Article 123 the existing collective agreement shall be valid until conclusion of a new collective agreement, but for not more than one year following the date of change of the employer.
(1) The collective agreement may be amended at any time with the parties' mutual consent, under the terms and procedures under which it has been concluded.
(2) Articles 53 and 55 shall apply to amendments to the collective agreement.
Effect with Regard to Persons
(1) The collective agreement shall have effect for the employees who are members of the trade union organization signatory to the agreement.
(2) (Amended - SG, Nos. 2/1996; 25/2001) The employees who are not members of a trade union organization that is a party to a collective agreement may accede to a collective agreement concluded by their employer by applications in writing submitted to him or to the leadership of the trade union organization which has concluded the agreement, under terms and provisions determined by the parties to the agreement, such as may not be contrary to the law or evading the law, or such that are offensive to the good morals.
Obligation for Information
The employer shall make the text of the collective agreement available to the employees.
Actions in Case of Default
(Amended – SG, No. 25/2001) In the event of default on the obligations under the collective agreement actions in court may be instigated by the parties to the agreement, as well as by any employee who is subject to the application of the agreement.
Claim for Invalidation
(New – SG, No. 25/2001)
Any party to the collective agreement, as well as any employee who is subject to the application of the agreement, may submit a claim to the court requesting the invalidation of the collective agreement or individual clauses thereof, provided such clauses are contrary to or evading the law.
FORMATION AND ALTERATION OF EMPLOYMENT CONTRACT RELATIONSHIPS
(1) The employment contract shall be concluded between the employee and the employer.
(2) For positions specified by law or by an act of the Council of Ministers the employment contract shall be concluded by the body superior to the employer. In such cases, the employment contract relationship shall be established with the enterprise where the relevant position is.
(3) An employment contract may also be concluded with a group of persons, either directly or through a representative they have authorized. In this case, the same rights and duties for the employer and for each person from the group shall arise as would have, had the contract been concluded with each one of them individually.
(1) (Amended - SG, No. 2/1996) The employment contract shall be concluded in writing.
(2) (New - SG, No. 2/1996) Employment relations shall also arise where no employment contract concluded in writing is available, but the employer has admitted the employee to work, and he/she has commenced the performance of such work. In such cases the existence of employment relations may be ascertained by all means of evidence.
(3) (New - SG, No. 2/1996) Upon conclusion of the employment contract the employer shall introduce the employee to the labour obligations ensuing from the position occupied or the nature of the work performed.
(4) The documents required for the conclusion of the employment contract shall be specified by the Minister of Labour and Social Policy.
Beginning of Performance
(1) The employee shall begin work within one week after the conclusion of the employment contract, unless the parties have negotiated another deadline. In case the employee does not begin work within this period, the employment contract relationship shall be deemed as never formed, unless the failure is due to reasons beyond the employee's control of which he has notified the employer before the expiry of the deadline.
(2) The performance of the employment contract obligations begins with the employee's beginning work which shall be verified in writing.
Article 64 - repealed.
Article 65 - repealed.
(1). (Amended - SG, No. N52/ 2004) The labour contract shall contain information about the parties and shall define:
1. the place of work;
2. the position name and the nature of work;
3. the signing date and the beginning of its implementation; 9
4. the term of the labour contract;
5. the length of the basic and of the longer paid annual leave, and of the additional paid annual leaves;
6. equal term of notice for both parties in cases of termination of the labour contract;
7. the basic and additional labour remuneration of permanent nature, as well as the time periods of their payment;
8. the length of the working day or week.
(2) Other terms and conditions may also be negotiated in the employment contract pertaining to the provision of labour which are not regulated by mandatory provisions of the law, as well as terms and conditions which are more favourable for the employee than those established by the collective agreement.
(3) The registered office of the enterprise with which the employment contract has been concluded shall be deemed as the place of work, unless otherwise agreed or ensuing from the nature of the job.
(1) The employment contract may be concluded:
1. for an indefinite period;
2. as an employment contract for a fixed term.
(2) The employment contract shall be considered concluded for an indefinite period, unless expressly agreed otherwise.
(3) (New – SG, No. 25/2001) An employment contract concluded for an indefinite period may not be transformed into a contract for a fixed term, except where explicitly desired by the employee, and stated so in writing.
Fixed Term Employment Contracts
(1) An employment contract for a fixed term shall be concluded:
1. for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise;
2. until completion of some specified work;
3. for substitution for an employee who is absent from work;
4. for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination.
5. (New – SG, No.25/2001) for a certain mandate, where such has been specified for the respective body.
(2) (New – SG, No. 25/2001) Fixed term employment contract pursuant to paragraph (1), sub-paragraph 1 shall be concluded for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation.
(3) (New – SG, No. 25/2001) As an exception, a fixed term employment contract pursuant to paragraph (1), sub-paragraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. Such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.
(4) (New – SG, No. 25/2001) An employment contract under paragraph (1), sub-paragraph 1, concluded in violation of paragraphs (2) and (3), shall be deemed concluded for an indefinite period of time.
Transformation of an Employment Contract for a Fixed Term into a Contract for an Indefinite Period
(1) The employment contract concluded for a fixed term shall be transformed into a contract for an indefinite period if the employee continues working for 5 or more working days after the expiry of the agreed period, without the written objection of the employer, provided the job is vacant.
(2) The preceding paragraph also applies to employment contracts for a fixed term to substitute for an absent employee, in case the employment contract with the person substituted for is terminated during this period of absence.
Employment Contract for a Trial Period
(1) In the event that the work requires the ability of the employee who will perform it to be tested, his final appointment may be preceded by a contract providing for a trial period of up to 6 months. Such a contract may also be concluded in case the employee wants to make sure the job is suitable for him.
(2) (New – SG, No. 25/2001) The contract under paragraph (1) shall indicate to whose benefit has been agreed the trial period. Where no such statement has been made in the contract, the trial period shall be deemed to be agreed to the benefit of both parties.
(3) During the trial period the parties have all rights and duties they would have had under a final contract.
(4) The trial period does not include the time during which the employee has been on a statutory leave, or has not done the contracted job for other cogent reasons.
(5) (New – SG, No. 25/2001) An employment contract with trial period may be concluded with one and the same employee for one and the same type of work at one and the same enterprise only once.
Termination of the Contract with a Trial period
(1) Prior to the expiration of the trial period, the party to whose benefit it has been agreed may terminate the contract without notice.
(2) The employment contract shall be regarded as finalized in case it has not been terminated under the preceding paragraph prior to the expiration of the trial period.
(3) - repealed
(Repealed – SG, No. 25/2001)
Article 73 - repealed.
(1) An employment contract which contravenes the law or a collective agreement, or circumvents them, shall be null and void.
(2) The employment contract shall be declared null and void by the court Pursuant to Chapter Eighteen. In case the employment contract is null and void due to the appointment of an employee who has not reached the age required under this Code, the nullity shall be declared by the labour inspectorate.
(3) In case a control or another competent body considers that the employment contract is null and void on one of the grounds mentioned in para 1, it shall immediately seize the Court to rule on the validity of the employment contract.
(4) Individual provisions of the employment contract may be declared null and void pursuant to para 2, clause 1. The relevant mandatory provisions of the law or of the collective agreement shall apply instead.
(5) The parties shall not invoke nullity of the employment contract or of individual provisions thereof prior to its declaration and the receipt of such by the parties.
(6) The nullity shall not be declared in case the deficiency in the employment contract disappears or is removed. The employer shall not invoke a deficiency in the employment contract which can be removed.
(7) The provisions of Article 333 shall not apply where the nullity of an employment contract has been declared.
Relationship between the Parties in Case of a Null and Void Employment Contract
(1) In the event that the employment contract is declared null and void and the employee has acted in good faith when concluding it, the relationship between the parties to the contract prior to the moment of declaration of its nullity shall be regulated in the same manner as with a valid employment contract.
(2) The preceding paragraph shall also apply in case individual provisions of the employment contract are declared null and void.
Applicability of the Provisions on Nullity of an Employment Contract
The rules on nullity of an employment contract shall apply mutatis mutandis to the other grounds for creation of an employment relationship as well.
Article 77 - 82 - repealed.
Appointment to Work on the Basis of an Election
(1) The offices which are held on the basis of an election shall be specified by a law, an act of the Council of Ministers or by-laws.
(2) An election shall be held for an office which is vacant or is to be vacated, as well as in case of a prolonged absence of the person holding it. The term for which the person is elected shall not be longer than 5 years.
Nomination of Candidates for Elective Office
(1) The candidates for elective office shall be nominated by bodies and persons specified by a law, an act of the Council of Ministers or statutes. The candidate for an elective office may also nominate himself.
(2) An unlimited number of candidates may be nominated for one and the same elective office.
(3) The election shall be held after the candidate has given his consent in writing.
(4) An election shall be also held in the event that there is only one candidate.
Holding an Election
(1) 1. The election shall be held by an electoral body established by a law or an act of the Council of Ministers.
(2) An election shall be held if more than half the persons entitled to vote are present.
(3) The vote shall be open, unless the body which elects decides on a secret ballot.
(4) The candidates for the elective office who are members of the electoral body shall not be counted when establishing the number of those present under para 2, and shall not vote.
(5) A separate vote shall be held for each elective office.
(6) The candidate who has won the greatest number of votes, but not less than half the number of those who have voted, shall be considered elected.
Creation of the Employment Relationship
(1) The employment relationship shall be created from the moment of announcement of the elected candidate.
(2) The person elected shall start work within 2 weeks after receiving the notification of the election result. In the presence of cogent reasons this term may be up to 3 months.
(3) The performance of the obligations under the employment relationship shall begin with the assuming of the duties by the elected person.
(4) The employment relationship created pursuant to an election shall remain in force after the expiration of the specified term until another person is elected.
(5) In case the new election leads to the electing of the same person, the employment relationship with him shall be extended for a new term.
(6) In case the election has ended without the election of any of the candidates, the employment relationship with the person holding the office for which the election is held shall continue until the successful outcome of the next election.
(7) The employment relationship with the elected person who has not started work within the period under para 2 shall be considered to not have arisen.
Disputes as to the Legality of the Election
(1) The disputes as to the legality of the election shall be heard by the district court upon the request of any candidate or of the employer, within 2 weeks after receipt of the result.
(2) In case the Court finds the election to be legal, it shall sustain it and the employment relationship shall be created pursuant to the election, and in case the court finds the election to be illegal, it shall overrule it and a new election shall be held.
Application of Other Provisions to the Election
(1) The issues which are not regulated in this Section shall be regulated by the relevant law, act of the Council of Ministers or by-laws which provide that certain offices be held on the basis of an election.
(2) the provisions of this Section shall apply, insofar as a law, an act of the Council of Ministers or statutes do not provide otherwise.
Holding Jobs on the Basis of a Competitive Examination
A competitive examination may be held for any job with the exception of a job which shall be held on the basis of an election.
Specifying the Jobs Requiring Competitive Examination
(1) The jobs requiring a competitive examination shall be specified by a law, an act of the Council of Ministers, a Minister or the head of another institution, or by the employer.
(2) (Amended - SG, No. 25/2001) A competitive examination for a job shall be announced in case the job has been declared by law subject to taking by competitive examination, or where it is vacant or is to be vacated, as well as in the event of a prolonged absence of the person holding it, for the time up to his return.
(3) The jobs specified to require a competitive examination shall be held only on the basis of a competitive examination. Prior to the competitive examination the job may be held on an employment contract for a fixed term for the period until a person is appointed to it on the basis of a competitive examination.
Announcement of a Competitive Examination
(1) The competitive examination shall be announced by the employer through the national or the local press. If necessary, the competitive examination may be announced in another appropriate way.
(2) The announcement for the competitive examination shall contain:
1. the name of the enterprise, the place and nature of work, and the requirements for the job;
2. the manner of holding the competitive examination;
3. the required documents, the place and deadline for submitting them, which may not be shorter than 1 month.
(3) The description of the job requiring a competitive examination shall be provided to the candidates in advance so that they can get familiar with it.
Participation in a Competitive Examination
(1) The consent of the employer for whom the candidate works shall not be required for his participation in a competitive examination.
(2) The candidate shall be entitled to an unpaid leave for the days when the competitive examination is held, and up to 2 days for travel, in case the competitive examination is held in another locality. This leave shall be recognized as length of service.
Admittance to a Competitive Examination
(1) Candidates shall be admitted to a competitive examination by a commission appointed by the employer.
(2) The candidates who are not admitted shall be informed in writing of the grounds for the rejection. Within 7 days after receiving the notification they may place their objections with the employer who has announced the competitive examination. Within 3 days after receiving the objection the employer shall settle the issue conclusively.
(3) The candidates who are admitted shall be notified in writing of the date, hour, and venue of holding the competitive examination.
Commission to Conduct the Competitive Examination
The competitive examination shall be conducted by a commission appointed by the employer. The commission shall be composed of relevant experts.
Conducting a Competitive Examination
(1) The competitive examination commission shall conduct the competitive examination in the manner announced. It shall evaluate the professional training and the other qualities of the candidates required for holding the job, and shall rank only those who have successfully passed the competitive examination. A protocol shall be drawn up for the competitive examination conducted.
(2) The result of the competitive examination shall be announced to the persons who have participated in it within 3 days after it has been held.
Creation of the Employment Relationship
(1) The employment relationship shall be created with the person who has been ranked first, as of the day he has received the notification of the result.
(2) The person with whom an employment relationship has been created shall start work within 2 weeks after receiving the notification under the preceding paragraph. In the presence of cogent reasons, this period shall be up to 3 months.
(3) The performance of the obligations under the employment relationship shall begin from the moment of assuming of the duties by the person.
(4) In case the person does not assume his duties within the period under para 2, the employment relationship shall be considered to not have arisen. In this case the employment relationship shall be created with this participant in the competitive examination who comes next in the ranking, of which he shall be notified in writing.
(5) - repealed.
Inapplicability to Competitive Examinations for Academic Titles
This Section shall not apply to competitive examinations for awarding academic titles.
Article 98-102 - repealed
Article 103 and 104 - repealed
Article 105 and 106 - repealed
ADDITIONAL PROVISIONS ON SOME EMPLOYMENT RELATIONSHIPS
Stipulating Additional Conditions in the Creation of an Employment Relationship
Where the employment relationship is created on the basis of an election or a competitive examination, before beginning work the employee and the employer shall negotiate the amount of the labour remuneration. They may also negotiate other terms of the employment relationship.
Article 108 - repealed.
Article 109 - repealed.
ADDITIONAL WORK UNDER AN EMPLOYMENT CONTRACT
Additional Work for the Same Employer
The employee may conclude an employment contract with the employer for whom he is working for the performance of work beyond the scope of his job description, outside his specified working hours.
Additional Work for Another Employer
(Amended - SG, No. 25/2001) The employee may also conclude employment contracts with other employers for doing other work outside his working hours under his primary employment relationship (outside additional work) unless otherwise provided in his individual employment contract under his primary employment relationship.
Prohibition on Additional Work
Additional work shall be prohibited to employees who are:
1. drivers of vehicles;
2. employed in hazardous or unhealthy conditions - in the event that work under the same or other hazardous or unhealthy conditions is concerned;
3. as specified by a law or an act of the Council of Ministers.
Working Hours Under an Employment Contract for Additional Work
Article 113 (Amended - SG, No. N52/2004)
(1) The maximum duration of the working hours under an employment contract for additional work, together with the duration of the working hours under the primary employment relationship, shall not violate the minimum uninterrupted rest between days and weeks established by this Code.
. In the cases under Paragraph 1, with daily calculation of the working time, the length of the working week shall not be more than 48 hours, and for workers and employees under 18 years of age – not more than 40 hours.”
(2) (New - SG, No. N52/18 2004) In the cases under Paragraph 1, with daily calculation of the working time, the length of the working week shall not be more than 48 hours, and for workers and employees under 18 years of age – not more than 40 hours.
Employment Contract for Work up to 5 days throughout the month
(New – SG, No. 25/2001)
Employment contracts may also be concluded for work on certain days through the month. Where an employee works with one employer for a total of not more than 5 working days or 40 hours throughout the month, continuously or at intervals, such periods shall not be recognized as length of service.
In addition to the provisions of Article 66, para 1, the employment contracts under this Section shall also specify the duration and allocation of the working hours, and they may specify the periodicity of paying the labour remuneration as well.
Article 116 - repealed.
Employees who perform additional work shall be entitled to social security under terms and procedures to be established by a separate law.
CHANGES IN THE EMPLOYMENT RELATIONSHIP
Prohibition on Unilateral Changing of the Employment Relationship
(1) Neither the employer nor the employee may change unilaterally the content of the employment relationship, with the exception of the cases and under the procedure established by law.
(2) The moving of the employee to another working place in the same enterprise, without changing the specified place of work, the job, and the amount of the wage or salary of the employee shall be not considered a change of the employment relationship.
(3) (New – SG, No. 25/2001) The employer may unilaterally increase the employment consideration of the employee.
Changing the Employment Relationship by Mutual Consent
The employment relationship may be changed by written agreement between the parties for a definite or an indefinite period.
Changing the Place and the Nature of Work by the Employer
(1) The employer may, in case of a production necessity or idle time, to assign to the employee, without his consent, to temporarily perform different work in the same, or in another enterprise, but in the same community or locality,
for a period of up to 45 calendar days in one calendar year, and in the event of idle time, as long as such idle time continues.
(2) The changes under the preceding paragraph shall be done in accordance with the qualifications and the health condition of the employee.
(3) The employer may assign to the employee work of a different nature, even though it does not correspond to his qualifications, in case it is necessitated by insurmountable reasons.
Sending Employees on Business Trips
(1) In case the needs of the enterprise require it, the employer may send the employee on a business trip to perform his employment obligations outside his permanent place of work, but for not more than 30 calendar days at a stretch.
(2) A business trip for a period longer than 30 calendar days shall require the employee's consent in writing.
Article 122 - repealed.
Retention of the Employment Relationship in Case of Change of Employer
(Amended - SG, No. 25/2001)
(1) The employment relationship with the employee shall not be terminated:
1. in case of merger of enterprises;
2. in case of joining of one enterprise with another;
3. in case of distribution of the operations of one enterprise between several enterprises;
4. in case of transfer of an autonomous part of one enterprise to another;
5. in the event of change of the owner of the enterprise or of an autonomous part thereof;
6. in the case of delivery of the enterprise or an autonomous part thereof for rent, on lease or under concession.
(2) In the cases under paragraph (1) the new owner, rent payer, lessee or concessionaire shall be the employer.
(3) Unless otherwise agreed between the two employers, liable for the obligations to the employee that have originated before the changes under paragraph (1) shall be:
1. in the case of merger or joining of enterprises – the new employer;
2. in the other cases – the two employers jointly.
(4) Prior to putting into effect the changes under paragraph (1) the employer shall be bound to notify the employees about:
1. the anticipated changes and the date of their effect;
2. the reasons for the changes;
3. the eventual legal, economic and social consequences of the changes for the employees;
4. the measures planned in respect of the employees, inclusive of compliance with the obligations under paragraph (3);
(5) The notification under paragraph (4) shall be given at least two months before the occurrence of the consequences for the employment and the working conditions of the employees.
(6) (Amended - SG No. 52/2004) Where with the amendments under Paragraph 1 measures have been envisaged in reference to the workers and employees, the employer shall be obliged before the notification under Paragraph 1 to hold timely consultations and to lay efforts to reach an agreement with the representatives of the syndicate Organisations and with the representatives of the workers and employees, as provided by Article 7, Paragraph 2.
MAJOR OBLIGATIONS OF THE PARTIES TO THE EMPLOYMENT RELATIONSHIP
Content of the Employment Relationship
Under the employment relationship, the employee shall perform the work he has agreed to do and shall observe the established labour discipline, and the employer shall provide conditions to the employee so that he can perform his work, and shall pay him remuneration for the work done.
Obligation of Conscientiousness
The employee shall perform his duties accurately and conscientiously.
Obligations in the Performance of the Work Assigned
In doing the work he has agreed to perform, the employee shall:
1. come to work on time, and be at his working place up until the end of the working hours;
2. come to work in a condition enabling him to perform the tasks assigned to him, and shall not consume alcohol or other intoxicating substances during working hours;
3. utilize the entire working hours for the performance of the work assigned;
4. do his job in the required quantity and quality;
5. observe the technical and technological rules;
6. observe the rules for healthy and safe working conditions;
7. carry out the lawful instructions of the employer;
8. take attentive care of the property which is entrusted to him or with which he comes in touch in the course of performing the work assigned, as well as economize in the prime and raw materials, energy, cash funds, and other means provided to him to perform of his duties;
9. (Amended - SG, No. 25/2001) be loyal to the employer and avoid the abuse of the employer's trust, as well as avoid disclosure of confidential data on the employer and uphold the good name of the enterprise;
10. observe the internal rules existing in the enterprise, and not obstruct the other employees in the performance of their duties;
11. coordinate his work with the other employees, and render them assistance in conformity with the employer's instructions;
12. discharge any other duties deriving from a normative act, a collective agreement, the employment contract, and the nature of the work.
Obligations of the Employer to Provide Working Conditions
(1) The employer shall provide to the employee normal conditions to perform the job under the employment relationship he has agreed upon, providing namely:
1. the work specified upon creation of the employment relationship;
2. working place and conditions in accordance with the nature of work;
3. safe and healthy working conditions;
4. (Amended - SG No. 52/2004) job description, a copy of which is handed in to the worker or employee by signing the labour contract;
5.(Amended - SG, No. 25/2001) instructions on the sequence and manner of accomplishing the employment obligations and exercising the employment rights, including introduction with the internal rules, and with the rules on healthy and safe working conditions.
(2) (New – SG, No. 25/2001) The employer shall be bound to protect the dignity of the employee in the process of execution of the work under the employment relationship.
Obligation of the employer for accruing and paying the labour remuneration
(Amended - SG No. 52/ 2004)
The employer shall be obliged within the established terms:
1. to accrue in the pay rolls the labour remunerations of the workers and employees for their work done;
2. to pay the agreed labour remuneration for the work done;
3. to issue upon request by the worker or employee an excerpt from the pay rolls for the paid, or not paid labour remunerations and compensations.
Obligation of the Employer to Make Social Security Contributions for the Employee
The employer shall pay social security contributions for the employee for all social security risks, under terms and procedures to be specified by a separate law.
Right to Information
(Amended and Supplemented - SG, No. 52/ 2004)
(1) The employees shall be entitled to timely, authentic and understandable information about the economic and financial position of the employer, such as may be important for their employment rights and obligations.
(2) The employers shall be bound to provide to the employees the necessary information in writing, on each occurrence of change in the employment relationship.
(3) (New - SG No. 52/ 2004) The employer shall provide at an appropriate place in the enterprise a timely written information for the workers and employees about the vacant jobs and positions with the part time and full time working hours, at all levels of the enterprise, including about the positions, for which qualification is needed, as well as, about the leading positions.
(4) (New - SG No. 52/ 2004) The information as referred to Paragraph 3 shall contain data for the needed qualification and education for taking each of the positions.
(5) (New - SG No. 52/2004) The information under Paragraphs 3 and 4 shall be provided to the workers and employees representatives.
(6) The employees shall be entitled to request from the employers objective and fair characteristics of their professional qualities and the results of their labour activities, or objective and fair recommendation for applying for a job with another employer.
Right to information and consultations in cases of collective redundancy
Article 130 a
(Amended – SG, No. 52/2004)
(1) In cases where the employer intends to undertake collective redundancy, he/she shall be obliged to undertake consultations with the worker and employee representatives timely, but not later than 45 days before the redundancy act, and to lay efforts for achieving an agreement with them so that be avoided, or limited the collective redundancy, and to relieve its consequences.
(2) The employer shall be obliged to provide information in writing to the worker and employee representatives about:
1.the reasons for the forthcoming redundancy;
2.the number of the workers and employees, who will be discharged and the basic economic activities, qualification groups and professions to which they refer;
3.the number of the occupied by the basic economic activities qualification groups and professions in the enterprise;
4.the envisaged criteria for selection of the workers and employees, who will be discharged;
5.the time, during which the redundancy will be done.
(3)The consultations under Paragraph 1 shall be conducted according to terms and conditions, as provided in the collective labour contract. In the cases, where there is no signed collective labour contract, or there are no terms and conditions, provided for conducting the consultations, they shall be conducted with the representatives of the syndicate organizations and with the worker and employee representatives, under Article 7, Paragraph 2.
Art. 131 - 135. (repealed.- SG, No. 100 ?f 1992).
WORKING HOURS AND REST
REGULAR WORKING HOURS
Normal Duration of Working Hours
(1) (Amended – SG, No. 25/2001) The work week shall comprise five work days with normal duration of the weekly working hours up to 40 hours.
(2) (Repealed – SG, No. 25/2001).
(3) (Amended – SG, No. 25/2001) The normal duration of the working hours during the day shall be up to 8 hours.
(4) (Amended – SG, No. 25/2001) The normal duration of the working hours under the preceding paragraph shall not be extended, except in the cases and pursuant to the procedure provided for in this Code.
(5) (Repealed – SG, No. 25/2001).
Extension of Working Hours
Article 136 a
(New – SG, No. 25/2001)
(1) For reasons relevant to the production process the employer may, by order in writing, extend the working hours in some work days and compensate that in other work days, after preliminary consultation with the representatives of the employees, inasmuch as the collective agreement does not provide otherwise. The employer shall be bound to notify in advance the labour inspectorate about the extension of the working hours.
(2) (Amended and Supplemented – SG, No. 52/2004) The duration of the extended work day under the provisions of paragraph (1) may not exceed 10 hours, and for employees at reduced working hours – up to 1 hour in excess of their reduced working hours. In these cases, the duration of the work week shall not be more than 48 hours, and for the workers and employees, working with shorter working time – 40 hours. The employer shall be obliged to keep a special book for recording the extension and the compensation of the working hours, respectively.
(3) Extension of the working hours pursuant to paragraphs (1) and (2) shall be allowed for a period of up to 60 work days throughout one calendar year, but for not more than 20 consecutive work days.
(4) In the cases under paragraph (1) the employer shall be bound to compensate the extension of the working hours with respective reduction of the working hours for each work day within 4 months. Where the employer fails to compensate the extension of the working hours within the specified term, the employees shall be entitled to determine themselves the time to compensate for the extension of the working hours with respective reduction thereof, whereas they shall notify in writing the employer to that effect at least two weeks in advance.
(5) In the event of termination of the employment relationship before the compensation under paragraph (4) takes effect, the variance to the normal work day shall be paid as overtime work.
(6) For employees under Article 147 extension of the working hours shall be allowed pursuant to the provisions for overtime set forth in this Article.
Reduced Working Hours
(1) Reduced working hours shall be established for:
1. employees working under unhealthy conditions or doing work under special conditions upon the decision of the Council of Ministers;
2. employees who have not reached 18 years of age.
(2) (New – SG, No. 25/2001) Entitled to reduced working hours pursuant to paragraph (1), sub-paragraph 1, shall be employees who work under such conditions for duration not less than half of