Labour law in Bulgaria

Labour law regulates the legal relationship in Bulgaria between individual workers and employees (individual labour law) as well as between coalitions and representative bodies.

. . . Labour law in Bulgaria . . .

Bulgarian labour law is characterized by a multi-stage normative regulation. In addition to the Labour Code (Bulg: Кодекс на труда) from 1986 numerous detailed primary and secondary rules and regulations are applicable (Regulation for minors below the age of 15 (1986) Bulg: Наредба за работата на лицата, ненашършили 15-годишна възраст; Regulation No. 4 of 1993 on the necessary documents which must accompany an employment contract Наредба №4 за документите, които са необходими за сключване на трудов договор; Regulation No. 5 on the procedure for the registration of employment under Article 62, para.4 of the Labour Code Наредба №5 за съдържанието и реда за изпращане на уведомление по чл. 62, ал. 4 от Кодекса на труда etc.)

The employment relationship is a legal relationship between an employer and an employee which regulates the rights and obligations of the parties respectively. On the one hand, the employee must perform work and comply with the established disciplinary rules in the company and the employer must, on the other hand, provide the working conditions and pay an appropriate remuneration to the employees. An employment relationship can arise only on the grounds listed in the Labour Code: employment contract, application procedure, election or administrative act.

Those employees qualified as blue-collar workers perform physical labour, whereas the so-called white-collar workers perform intellectual work. A person must have reached a minimum age to be eligible to conclude a labour contract. Generally, the minimum required age in Bulgaria pursuant to Article 301(1) of the Labour Code is 16 years. However, due to the risk of injuries inherent in some types of work this minimum could be increased. The Bulgarian legislation provides that in certain cases the minimum age may be lower as well (for example work in the circus or arts). An identity card or birth certificate serves as proof for the age of the employee. The employer may be natural or legal person. He has the so-called advisory and disciplinary power and has the right to give instructions to the employee. His duties are principally to ensure suitable working conditions and to pay remuneration.

The employment contract is a written agreement between an employee who provides a service and another person, being an employer who provides the working conditions and compensation for the fulfillment of the employee’s obligations. The legal requirements regarding the content of the employment contract are listed in Art. 66 of the Labour Code. The contract must contain:

  1. Personal details of the parties;
  2. Place of work;
  3. Type of employment and description of the work activity;
  4. Duration of the contract;
  5. Duration of paid annual leave;
  6. Notice period for both parties;
  7. Completion date of the contract and the date of actual commencement of employment of the employee;
  8. Regular daily or weekly working hours of the employee;
  9. Basic wage.

The contract must include also a description of the type of work to be performed, which is drawn up together with the employment contract. Under Art. 67(2) of the Labour Code the employment contract is usually concluded for an unlimited period. There is also a possibility for a fixed-term contracts as well. An explicit agreement between the parties is necessary in any case. The Bulgarian Labour Code provides for different types of employment agreements, including probationary period agreement (Articles 70, 71 of the Labour Code), internship agreement, bargaining agreement and training contract, employment agreement for additional work with the same employer or with another employer (Article 230-233 of the Labour Code). In order for the employment contract to be valid, it must be concluded in a written form.

. . . Labour law in Bulgaria . . .

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. . . Labour law in Bulgaria . . .

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