The Act amending the Labour Code (LC) was promulgated in the State Gazette, issue # 62 Чрез него се транспонират две директиви на ЕС, които засягат трудовите права на работниците и служителите. This introduces into Bulgarian law the requirements of Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union, and of Directive (EU) 2019/1158 on work-life balance for parents and carers.
Part of the changes are related to:
- 1) Overcoming the absolute ban on concluding an employment contract with another employer;
- 2) The employee’s ability to unilaterally propose amendments to the employment contract;
- 3) A flexibility requirement for the employees in balancing work and family responsibilities;
- 4) An individual right of the father (or adoptive parent) to parental leave for raising a child up to 8 years of age;
- 5) Introduction of a maximum probationary period for fixed-term contracts;
- 6) The employer’s obligation to comply with the new rules for ensuring transparent working conditions, etc
There used to be a complete ban on additional work for another employer prior to the amendments. An exception to the rule has now been introduced, whereby an employee is entitled to conclude employment contracts with other employers for work which is outside his/her established working hours under his/her main employment relationship, unless a ban is agreed in his/her individual employment contract under his/her main employment relationship relating to the protection of business secrets and/or the prevention of conflicts of interest (Article 111 of the Labour Code).
The next change concerns the employee’s right to propose in writing a change in the employment relationship – for example, a move from a fixed-term to an open-ended employment contract, or from part-time to full-time employment (Article 119 of the Labour Code). If the employer refuses, the employer will need to provide a reasoned written reply.
New rights granted to employees to reconcile work and family duties are also regulated (Article 167b) In this case, employees who, for example, have a child up to the age of 8 or are caring for close relatives for medical reasons may propose to the employer a temporary modification of the duration and distribution of working time, switching to remote work, and other modifications of the employment relationship that balance work and family duties. If the employer disagrees, the employer’s refusal will again need to be in writing and well substantiated.
There are also new rules that regulate the individual right of the father (or adoptive parent) to parental leave for raising a child up to 8 years of age, with the right to a monetary benefit from the state social insurance in the amount of BGN 710 per month. The parental leave in question is 2 months and may be taken by the father (or adoptive parent) as a one-time leave or in parts until the child reaches the age of 8 The prerequisite for this leave is to have any unused leave for pregnancy and childbirth transferred from the mother’s for raising a child up to the age of 2 or for adoption of a child up to the age of 5.
So far the probationary period in an employment contract has been up to six months. Now, where the employment contract for a certain work assigned to the employee is for a fixed term of less than one year, the probationary period may not exceed one month (Article 70 of the Labour Code).
Prior to these amendments, whenever there was a change in the employment relationship, the employer had to provide the relevant information at the earliest opportunity or within one month after the change at the latest. Now the employer is obliged to provide the employee with written information containing details of the changes made by the time the changes take effect at the latest.
New employer’s obligations to inform employees have also been introduced: familiarisation with the internal rules on salaries; provision of information on the conditions and procedures for termination of the employment contract under the Labour Code (LC), as well as information on employer-provided training related to maintaining and improving professional qualifications and professional skills.
Please do not hesitate to contact our team If you have any queries so that we could suggest a legal option to resolve your employment dispute.
