New amendments to Bulgarian labour legislation
With SG 105/2016 the Bulgarian government has recently approved new amendments to national labour legislation. Below we provide a short analysis of the major new changes:
The new regulation covers the matters of secondmend of workers and employees from both Bulgarian and EU based employers or sending of workers and employees by temporary work agencies to host companies from the same company group or under a service contract concluded between the employer and the service user. For the period of posting or sending the sending employer should provide at least the same minimum working conditions as established for employees performing the same or similar work in the host country. If this requirement is not fulfilled the worker or employee is entitled to receive unpaid wages that are due under the conditions along with damages or other claims relating to employment and recovery of unlawfully deducted from the salary taxes and / or contributions.
The new Ordinance regulates the conditions of posting and sending of workers and employees to Bulgaria or another EU member states. When the posting is to another EU country the employer and employee agree to an additional written agreement amending existing between them employment agreement for the period of secondment which should include information on the nature and place of work, the start and end date of the posting, the amount of the basic and additional wages, conditions for overtime and night work, etc. When the workers and/or employees are being sent through temporary work agencies the same information should be included in their employment agreements. The new Ordinance requires all travel costs for the secondment to be covered fully by the employer.
Should the posting be to Bulgaria the employees and workers are entitled to at least the same minimum working conditions for employees performing the same or similar work as established under Bulgarian legislation. However, if these conditions are less favorable than those provided in the Member State under whose legislation the employer or temporary work agency is registered the own country working conditions will apply.