Employment and employee benefits in Bulgaria: overview

A Q&A guide to employment and employee benefits law in Bulgaria.

The Q&A gives a high level overview of the key practical issues including: employment status; background checks; permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; intellectual property; restraint of trade agreements and proposals for reform.

To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits: Country Q&A tool.

The Q&A is part of the global guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-guide.

Contents

Scope of employment regulation

1. Do the main laws that regulate the employment relationship apply to:
  • Foreign nationals working in your jurisdiction?

  • Nationals of your jurisdiction working abroad?

Laws applicable to foreign nationals

Foreign nationals employed by a Bulgarian employer or working in Bulgaria for a certain period of time are subject to the applicable Bulgarian labour laws, unless a specific Bulgarian law or applicable international treaty provides otherwise. Regardless of the choice of law in the employment contract, the mandatory provisions of the Bulgarian labour law will apply if they are more favourable to the foreign employee working in Bulgaria.

Laws applicable to nationals working abroad

The Bulgarian labour laws apply to nationals working abroad under assignment with a Bulgarian employer unless otherwise provided by law or international treaty. The legislation of the respective country determines whether any mandatory regulations should override the choice of law in the employment contract.

 

Employment status

2. Does the law distinguish between different categories of worker? If so, what are the requirements to fall into each category, the material differences in entitlement to statutory employment rights and are there any maximum time periods for which each category of worker can be engaged?

Categories of worker

Employees. The Bulgarian labour law only governs the provision of employees' labour to an employer. One of the characteristics of this relationship is that the employer is the economically stronger party, with the employees being in a state of dependence on the employer. The Bulgarian labour law uses the combined term "workers and employees". This term is inherited from the communist regime and does not actually differentiate the employees into legal categories.

Theoretically, the term "workers" means employees who perform mostly physical work, while "employees" perform mostly mental work, but this distinction has no legal consequence. In view of this, workers and employees are referred collectively as "employees" in this chapter. In contrast, the Bulgarian labour and social security law divides employees into three categories depending on the nature of their work and their specific working conditions, namely, first, second and third category of work. The Council of Ministers determines which type of work belongs to which respective category. The most common category is the third category of work, which provides the most standard and favourable working conditions.

Independent service providers. Other individuals who provide services to an employer (in its capacity as a contractor, not an employer in the narrow sense of the word) are in a civil, and not an employment, relationship with the employer. These individuals, who can include the self-employed, freelancers, independent contractors, registered executives of the company, and so on, provide their services for a specific matter, and do not form part of the employer's labour force.

In view of this, the relationships with these service providers are governed by the general rules of civil and commercial law, and not by labour law.

As an exception, to secure the protection of dependent employees, Bulgarian labour law provides that if a contract with an independent service provider conceals an actual employment relationship, the contract will be classified as an employment relationship with all legal consequences for the parties in this regard.

The shareholders and registered managers of a Bulgarian legal entity are not employees and are therefore governed by the provisions of civil and commercial law.

Entitlement to statutory employment rights

Generally, the labour law provides that statutory rights apply to all employees equally. However, due to the fact that the working conditions for the first and second categories of work employees are more harmful to their physical and mental state and working ability, those employees enjoy some additional employment and social security rights (such as an entitlement to early retirement).

The statutory rights of independent service providers are governed by the civil and commercial law, the governing principle of which is contractual freedom. Therefore, these individuals do not enjoy the protection of the labour law and the statutory employment rights provided under the labour law (for example, maximum duration of working time, protection from dismissal and so on).

Time periods

There is no maximum legal duration for a work assignment in Bulgaria.

 

Recruitment

3. Are any grants or incentives available for employing people? Does any information/paperwork need to be filed with the authorities or given to new employees when employing people?

Grants or incentives

Grants and incentives for employing people are available and provided by the Employment Agency. The incentives are individualised, based on various criteria (for example, the employment of persons below 29 or over 50 years of age, permanently unemployed people, and so on) and take the form of state subsidies. Grants generally cover the remuneration and social security instalments due from the employer for a period of up to 12 months.

Employers who hire special categories of unemployed people for at least 12 months (for example, employees over 50 years of age or with reduced ability to work) are entitled to a one-time tax concession on expiry of these 12 months of employment.

EU funds also provide various funding opportunities. EU operational programmes offer incentives for employing people in Bulgaria (for example, the Operational Programme "Human Resources Development"). Most of these aim to encourage employers to hire and train up young unemployed people.

Filings

To receive the above grants and incentives, employers must fulfil certain requirements, such as approval from the Co-operation Council with the Employment Bureau Directorate. They must then sign a contract with the respective authority, for example, the Employment Bureau Directorate.

As regards tax concessions, employers should simply decrease their financial result in their annual tax declaration by the relevant percentage.

As for any other type of employment relationship, employers must also provide employees with a number of documents related to their employment status before starting work, on termination and on any request from employees.

 

Background checks

4. Are there any restrictions or prohibitions on carrying out background checks in relation to applicants?

Background checks are conducted by requiring the applicant to produce a number of documents, which should be presented to the employer before entering into an employment contract. These documents consist of two main types:

  • Legally required. The Bulgarian labour law provides a list of legally required background documents. Some of these apply to all employees and some depend on the type of the assigned work. Generally required documents include the following:

    • medical certificate evidencing the applicant's general health status;

    • document evidencing a specific professional qualification or capacity;

    • ID card information.

      For some specific jobs, a criminal record certificate is also required.

  • Required by the employer. The employer can also require specific additional documents, but only where these documents relate to the performance of the job (for example, a requirement to provide a criminal record certificate for the role of an administrative assistant will not be justifiable). Further, the employer must comply with all personal data protection and anti-discrimination requirements when obtaining personal information of a potential employee. For example, an employer will violate the Law on Protection of Discrimination and can be subject to sanctions if it requests information concerning the employee's racial or ethnic origin, political, religious or philosophical convictions, sex life, and so on, without a legitimate aim.

A third party cannot process the personal data of an employee or job applicant without their knowledge and prior consent, unless the data is publicly available.

 

Permission to work

5. What prior approvals do foreign nationals require to work in your country? What information/paperwork needs to be kept or filed with the authorities when they start work?

In early 2016, the Bulgarian legislator adopted a new Labour Migration and Labour Mobility Act. This Act maintains the general procedure applicable to foreign nationals (that is, citizens from countries outside the EU, European Economic Area and Swiss Confederation) who want to work in Bulgaria. The Act also sets out a number of exceptions, which provide for a less complicated and time-consuming process for the establishment of an employment relationship with certain categories of foreign nationals.

General procedure: visas

Under the general procedure, a foreign national must obtain a work permit to work in Bulgaria. On the grounds of the obtained work permit, foreign nationals must apply for a long-term residence visa (that is, Visa D) and subsequently for a residence permit.

The application for a residence permit must be filed prior to the expiration of Visa D’s validity. If Visa D expires and no residence permit is obtained, the employee must physically leave the country to file for a new Visa D in the respective diplomatic or consular representative agency.

Procedure for obtaining approval. Visa D is a multiple-entry visa and can be issued with a term of validity of six months or one year and the right to stay in Bulgaria for up to 180 days or 360 days, depending on the grounds for issuance (a one-year visa D is granted on very limited grounds).

The application for issuance of a Visa D is filed by the candidate prior to the entry into Bulgaria and the start of employment before the Bulgarian diplomatic or consular representative agencies in the candidate's country of residence. The visa application is filed together with the issued work permit along with certain required documents.

Cost. The cost for obtaining Visa D, depending on the term of validity, is EUR100 or EUR200.

Time frame. The statutory term for issuance of Visa D is 35 working days. Usually it takes at about 60 days.

Bulgarian law does not provide for quotas. There are no preferences given to nationals from certain other jurisdictions. However, on issuance of residence permits and visas, the Bulgarian authorities always check the applicants in view of the national security and can deny the application on this ground only.

General procedure: permits

Generally, foreign nationals must obtain a work permit before commencing work. However, a work permit is not required for managers and executive directors of a Bulgarian company, branch or commercial representative and some other categories of individuals (see below, Specific procedures).

The permit is issued by the Employment Agency and is valid for the term of the contract with the Bulgarian employer, but cannot exceed 12 months. It can be reissued for three consecutive years in total.

Procedure for obtaining approval. The employer must submit the application for the work permit. The application must justify the need to employ this exact foreign national by proving that:

  • The employee has unique or specialised skills, specific knowledge or experience that are both:

    • required for the performance of the employment; and

    • not available on the national labour market.

  • There is no Bulgarian citizen who can be employed in this position (proved by conducting preliminary research of the Bulgarian labour market).

  • The employer did not have more than 10% of foreign nationals as part of its personnel for the past 12 months.

  • The employment terms and conditions are not better than those granted to Bulgarian citizens employed in the same position.

The application must be submitted to the Employment Agency.

Cost. The state fee for issuance or extension of a work permit is BGN400.

Time frame. The Employment Agency processes the application and issues the work permit within 30 days of receipt. This term is indicative only, and does not bind the Employment Agency. Therefore, the procedure may take more time than required under statute.

Continuous residence permit

On obtaining Visa D, the foreign national is allowed to enter into Bulgaria and apply for a permit for continuous habitation (continuous residence permit).

Procedure for obtaining approval. The procedure is as follows:

  • The residence permit is issued by the Migration Directorate with the Ministry of Interior on the grounds of obtaining a work permit.

  • The continuous residence permit is valid for one year and can be extended on re-issuance of a work permit.

  • Once the residence permit is issued, Visa D is annulled.

Cost. The applicant owes state fees for:

  • Review of the permit request, which is BGN10.

  • Issuance of a one-year residence permit, which is BGN500.

  • Residence permit extension, which is EUR30.

Time frame. The residence permit application is processed in 14 days from the date of submission. However, this term can be extended by one month where applications are complex.

Simplified procedure for work permits

The simplified procedure excludes two of the most complicated and time-consuming steps of the general procedure, namely the requirements for the receiving employer to:

  • Conduct a preliminary research of the labour market in Bulgaria.

  • Have employed not more than 10% of foreign nationals as part of its personnel for the past 12 months.

The simplified procedure only applies to the following categories of employees:

  • Seasonal employees. A foreign national can obtain a work permit under the simplified procedure for a period of between 90 days and nine months per calendar year to perform a seasonal activity. The activity must be included in a special list of the economic sectors comprising activities that depend on the change of seasons.

  • Managers, specialists and trainees participating in an inter-group transfer. The receiving company must be part of the corporate group to which the original employer belongs.

  • Employees sent to business trips or appointed for the provision of services. They must evidence the required competency for the respective job position by presenting specific documents.

  • Employees with an EU blue card. The simplified procedure for EU blue card holders only applies if the following three requirements are met:

    • the foreign national is a highly qualified employee (the required qualification(s) must be evidenced through specific documents);

    • the foreign national is employed in specific positions, which are expressly included in an exhaustive list of positions for which there is a recognised lack of highly qualified specialists (the list currently only contains positions in the IT sector, such as sales specialists in the IT and communication technologies fields, system analysts, software developers, developers of web content and multimedia, and so on); and

    • the agreed monthly gross remuneration must be at least two times the average salary in Bulgaria, according to the official data available for the last 12 months before the execution of the employment contract (currently about BGN1,850).

      An employer that wishes to employ highly qualified foreign nationals who do not meet all of the above criteria must conduct a preliminary search of the labour market in Bulgaria. However, it does not need to comply with the 10% threshold. In that case, the amount of the agreed gross monthly remuneration must be at least one and a half times the average salary in Bulgaria according to the official data available for the last 12 months before the execution of the employment contract (currently about BGN1,390).

Procedure for freelancers

To obtain a freelance activity permit in Bulgaria, a foreign national must present to the Bulgarian Employment Agency a detailed plan for their activities for the entire term of the permit. The scope of the freelance activities cannot be changed during the term of the initial permit.

Specific procedures

The Labour Migration and Labour Mobility Act also contains special provisions applicable to specific categories of foreign nationals, including:

  • Scientists.

  • Undergraduates.

  • Trainees.

  • Employees sent to a short-term business trip (that is, for a period not exceeding three months).

On compliance with all the applicable statutory requirements, these individuals can work in Bulgaria without a work permit, based on registration with the Employment Agency only.

Sanctions

If the employer employees a foreign national who does not have the necessary permission to work, the employer is subject to a monetary sanction from between BGN500 and BGN20,000 and the foreign national will be subject to a monetary sanction from between BGN500 and BGN5,000.

 

Restrictions on managers and directors

6. Are there any restrictions on who can be a manager or company director?

Age restrictions

The minimum age to be a registered manager or company director is 18 years.

Nationality restrictions

Generally, there are no specific nationality restrictions. However, specific laws can provide for such restrictions.

Other restrictions

Professional experience and educational requirements (for example, a degree) may operate as restrictions on who can occupy senior management positions.

 

Regulation of the employment relationship

7. How is the employment relationship governed and regulated?

Written employment contract

A written employment contract must be executed for the establishment of a valid employment relationship. The employer must notify the National Revenue Agency of the execution of the contract within three days. Employment can lawfully commence after the notification has been carried out.

A Bulgarian employment contract can be drafted in any language, as long as it has the mandatory required contents (see below, Implied terms). However, the Bulgarian authorities controlling the working process of the respective employer can request a copy of the Bulgarian translation (if relevant). In the event of a dispute, the court will require the party referring to the contract first to make and present a translation of it.

Implied terms

At a minimum, an employment contract must include details of the:

  • Parties.

  • Physical place (location) where employment will be performed (place of work performance).

  • Employment position and work description.

  • Date of signing and of expected commencement of work.

  • Duration of the employment.

  • Duration of the working day or week.

  • Basic and additional employment remuneration.

  • Terms and conditions of employment remuneration payment.

  • Basic, extended and additional annual paid leave.

  • Notice period for employment termination, which must be equal for both parties.

Collective agreements

A collective employment agreement (collective bargaining agreement (CBA)) can be concluded between employers and employees on four levels:

  • The enterprise (for example, a specific factory or business).

  • Sub-industry.

  • Industry.

  • Municipality.

The employer and the trade union organisation of employees are parties to the CBA. If the CBA is executed at sub-industry, industry or municipality level, the organisation of employers operating in the specific sub-industry, industry or municipality is a party to the agreement.

The CBA is applicable to employees who accepted it explicitly (that is, through a trade union or personally, on execution of the CBA or afterwards).

If a CBA is executed at industry or sub-industry level by all the representative organisations of employers and employees operating in the specific industry or sub-industry, the Minister of Labour and Social Policy can extend the applicability of the CBA, or of specific clauses of the CBA, to the entire respective industry or sub-industry, on request of the representative organisations.

CBAs regulate certain terms of employment relations and employees' social protection that are not explicitly regulated by the law for a maximum period of two years, such as:

  • Social expenses.

  • Minimum employment remuneration.

  • Higher amount of annual paid leave allowance.

  • Additional social benefits.

A CBA cannot stipulate terms and conditions of employment that are less favourable for the employees than the mandatory legal requirements.

 
8. What are the main points to consider if an employer wants to unilaterally change the terms and conditions of employment?

There is a general prohibition on unilateral change of the employment terms and conditions by the employer, except for a number of cases exhaustively listed in the Labour Code, such as:

  • Change of the employee's working place within the same enterprise of the employer without change to the place of work, the position and the amount of basic remuneration.

  • Unilateral remuneration increase.

  • Temporary assignment to other work in compliance with the qualification and health status of the employee, in the same or another enterprise, in the event of production needs or work stoppage.

  • Allocation of work of a different character to the employee, regardless of its compliance with the qualification and health status of the employee, in the event of insurmountable reasons.

  • Sending employees on a business trip for not more than 30 consecutive calendar days, unless the employee is pregnant, in advanced IVF treatment or has a child of up to three years of age.

 

Minimum wage

9. Is there a national (or regional) minimum wage?

The minimum monthly wage as of January 2016 is BGN420 and the minimum hourly rate is BGN2.50. These minimum rates apply to everyone, irrespective of their age, industry and experience.

The government regulates the minimum wage annually. There are no salary caps or mandatory payment methods in Bulgaria, except for payments, exceeding BGN10,000. Generally, these amounts must be paid by bank transfer, except for payments of labour remuneration.

In addition, depending on the industry and the occupied position, the law provides minimum social security thresholds. Therefore, even if the agreed salary is the minimum wage, the social security instalments are calculated and based on the applicable minimum threshold.

 

Restrictions on working time

10. Are there restrictions on working hours? Can an employee opt out on either an individual or collective basis?

Working hours

The standard working time is eight hours per day over a 40-hour (five-day) week. Some alternatives include the following:

  • Extended working time up to 48 hours per week but not exceeding 60 working days annually, 20 of which should not be consecutive.

  • Reduced working time to six or seven hours per day for minors or employees working in specific conditions and under unavoidable life or health risks. The Council of Ministers determines at statutory level the positions to which a reduced working time applies.

  • Open-ended working time for some job positions determined unilaterally by the employer.

  • Shift work.

  • Overtime (although in principle this is not allowed by law).

  • Part-time work. There is no general requirement for minimum duration of the working day in this case. However, for the purposes of length of service recognition, the part-time employee must work at least four hours per day. Where the employer unilaterally reduces the working day, it should be reduced by no more than half of the working time of the respective employee. The employer must also follow the procedure set out by the law and must show that its decision is based on one of the exhaustively listed grounds to reduce the hours of work. Further, the employer must limit the duration of the reduced working time to not more than three months.

  • Flexible working time (working time with variable limits). This means that the employee must be at the employer's premises for only a specific period of time of the working day (for example, from 9am until 1pm). The employee is entitled to decide whether and how to work off the remaining part of their working time outside the mandatory required time on the working premises. The employee can work off this remaining part by allocating it to one or more days of the respective working week. The method for time-reporting must be included in the internal labour rules by the employer.

The working time can be less than the standard working time where this is agreed in a collective bargaining agreement.

An employee can opt out of the standard working time arrangements under an agreement with the employer (for example, for part-time work or working time with variable limits, if the nature of the work allows for this).

The combined working time (that is, standard working time and extended working time) of employees below 18 years of age cannot exceed 40 hours per calendar week.

Rest breaks

Employees are generally entitled to:

  • Daily break(s): not less than 30 minutes per day.

  • A break between consecutive working days: not less than 12 hours.

  • A weekend break: two consecutive days (at least 48 hours), one day of which generally must be Sunday, or at least:

    • 36 hours in the case of summed calculation of the working time; or

    • 24 hours for summed calculation of the working time in the case of shift work.

Shift workers

Shift work can take the following forms:

  • Mixed shift: including both daytime and night time work.

  • Night shift: including four or more hours of night time work.

  • Day shift: including less than four hours of night time work.

The maximum duration of a shift cannot be:

  • More than 12 hours, in a 56-hour working week.

  • For employees with reduced working time (see above, Working hours), more than one hour over their reduced working time.

Two consecutive working shifts are prohibited.

 

Holiday entitlement

11. Is there a minimum paid holiday entitlement?

Minimum paid holiday entitlement

The minimum annual paid leave is 20 working days.

To be entitled to annual paid leave, the employee must work for a minimum of eight months (irrespective of the employer).

The employee must use their annual paid leave (at once or in parts) within the relevant calendar year. Where annual leave remains unused, the right to either use the leave or be compensated for it is limited to two years from the date the annual leave entitlement arose. The law allows monetary compensation of unused paid leave only in the case of termination of the employment relationship.

The law provides different types of unpaid holiday entitlements. Usually, this entitlement depends on the employer’s consent and only 30 days of the general unpaid holiday entitlement are recognised by the state as length of service. This general rule does not apply to some special types of unpaid leave such as parental and sabbatical leave.

Public holidays

Public holidays are not included in the calculation of annual paid leave. The Labour Code lists public holidays, for example 1 January and 1 May (about 14 days per year), to which the Council of Ministers can declare other days as non-working days on a one-off basis. The remuneration for work performed during public holidays must amount to not less than twice the amount of remuneration that would ordinarily be paid, calculated on a daily basis.

 

Illness and injury of employees

12. What rights do employees have to time off in the case of illness or injury? Are they entitled to sick pay during this time off? Who pays the sick pay and, if the employer, can it recover any of the cost from the government?

Entitlement to paid time off

For the first three working days of absence, the employer pays the employee 70% of their average daily gross wage. The National Social Security Institute pays for the remaining time covered under a sickness certificate (indemnity payments). The amount paid by the employer is not recoverable by the state.

An employee must have at least six months' working experience recognised for social security purposes to be eligible for these payments. This period of experience is not required if the pay is related to:

  • A labour accident or a professional illness.

  • Employees under the age of 18.

Sick leave or injury indemnity payments amount to either:

  • 80% of an employee's average daily gross wage, where the maximum social security base is capped at BGN2,600.

  • 90% of an employee's average daily gross wage in the case of a labour accident or professional illness, where the maximum social security base is currently capped at BGN2,600.

The maximum allowed sick leave on an uninterrupted basis is 18 months (this applies where the employee has a serious disease).

Entitlement to unpaid time off

Employees can take time off for illness and injury under sickness medical certificates. The relevant medical institution or the employee's personal physician issues these certificates.

Recovery of sick pay from the state

The employer is not entitled to recover from the state the costs of providing sick pay to the employee for their first three working days of absence due to sickness.

 

Statutory rights of parents and carers

13. What are the statutory rights of employees who are:
  • Parents (including maternity, paternity, surrogacy, adoption and parental rights, where applicable)?

  • Carers (including those of disabled children and adult dependants)?

Maternity rights

The employer must ensure appropriate working conditions to pregnant or breastfeeding women or women in an advanced stage of in vitro fertilisation (IVF) process.

Pregnant employees are entitled to 45 calendar days paid leave before delivery and maternity leave of 410 calendar days for each delivered child (who is not sent for adoption or to a specialised institution at the expense of the state).

Employees on maternity leave receive indemnity payments from the National Social Security Fund, if they have acquired 12 months' working experience recognised for social security purposes and have paid social security contributions covering this social security risk. Maternity leave payments amount to 90% of the employee's average wage on which social security contributions have been calculated and paid for the period of 24 months preceding the maternity leave (the daily indemnity payment cannot exceed the average daily net remuneration of the employee for the period for which it is calculated, nor the maximum social security base on which the indemnity payments are calculated, namely BGN2,600). The minimum amount of the payment is the minimum daily wage for Bulgaria (see Question 9).

Pregnant women, women on maternity leave and women with children of up to three years of age enjoy specific protection in relation to dismissal under the Labour Code (see Question 20).

Paternity rights

The father is entitled to paid leave of 15 calendar days after the discharge of the child from the hospital, if he has acquired 12 months' working experience. The paid leave is indemnified by the National Social Security Institute in an amount determined in the same manner as applicable for indemnification for maternity leave.

Once the child has reached six months, the father can use the remaining maternity leave, with the mother's consent. In this case, the father is entitled to the same benefits as the mother if she had used her maternity leave.

Surrogacy

Surrogacy is not permitted under Bulgarian law.

Adoption rights

In relation to full adoption, the adoptive mother is entitled to a maternity leave of 410 days minus the child's age on the day it was given up for adoption. An adoptive mother (in cases of full adoption) of a child aged between two and five years of age is entitled to 365 days of leave, which must be used no later than the child's fifth birthday.

Adoptive fathers are entitled to the same leave as natural fathers once the child has reached six months of age (see above, Paternity rights). The adoptive father of a child who is older than two years of age at the time of adoption is entitled to the same 365 days' leave as the adoptive mother. This leave must also be taken no later than the child's fifth birthday (see above, Paternity rights).

A foster parent (that is, an individual caring for a child without adoption, under the terms of the Child Protection Act) is entitled to parental leave until the child reaches two years of age.

Parental rights

After the expiry of maternity leave, an employee who is a mother, father, adoptive mother or adoptive father is entitled to paid parental leave until the child reaches the age of two. The mother or father of either of the parents can use the parental leave instead of the mother, with the latter's consent.

During parental leave, the employee receives indemnity payments from the National Social Security Institute. The amount is determined annually under the Social Security Budget Act. For 2016, the amount of the indemnity payment was BGN340 per month.

Each parent (including adoptive parents) is entitled to an unpaid six-month leave until the child reaches eight years of age. Each parent can use five of the allowed six months' unpaid leave of the other parent, as long as the other parent consents. A single non-married parent is entitled to a 12-month unpaid leave, where the other parent has passed away or has been deprived of their parental rights.

Carers' rights

If an employee has a disabled or ill child, or another disabled or ill member of the family, he is entitled to sick leave as if it was his own disability or illness (see Question 12).

Carers are also entitled to indemnity payments from the National Social Security Institute for a limited period (between ten and 60 days per year, depending on the age of the person to be taken care of, or until the lifting of the quarantine).

 

Continuous periods of employment

14. Does a period of continuous employment create any statutory rights for employees? If an employee is transferred to a new entity, does that employee retain their period of continuous employment? If so, on what type of transfer?

Statutory rights created

An employee is entitled to mandatory additional employment remuneration once their length of service and professional experience exceeds one calendar year. This includes length of service and professional experience gained both:

  • With their current employer.

  • In the same or in a similar position with a previous employer.

This additional remuneration amounts to at least 0.6% of the employee's basic gross monthly remuneration for each year of service and professional experience.

Consequences of a transfer of employee

An employee who is transferred to a new entity and is employed in the same or a similar position retains their period of continuous employment.

 

Fixed term, part-time and agency workers

15. To what extent are temporary and agency workers entitled to the same rights and benefits as permanent employees? To what extent are part-time workers entitled to the same rights and benefits as full-time workers?

Temporary workers

Fixed term contracts in Bulgaria are an exception and the parties can enter into such contracts only for a specific cause, such as:

  • Temporary, seasonal or short-term work. In these cases, the term of the contract cannot exceed three years.

  • Completion of a specifically designated work.

  • Temporary replacement of a worker.

  • Specific kinds of work in the field of plant-growing, which applies to registered farmers entering into one-day employment contracts only.

As an exception, a fixed term contract for works not falling with the statutory criteria can be concluded with a minimal term of one year. It can be concluded for a shorter period on the explicit written request of the employee due to a specific economic, technological, financial or other objective reason.

Any failure to comply with the above requirements renders the fixed term contract a permanent one. The same applies if the employee continues working without the employer's written objection for five days after expiration of the fixed term.

The applicable termination notice period for fixed term contracts is three months, unless the remaining term of the contract is less than three months.

The employees under fixed term employment contracts enjoy the same rights and benefits as permanent employees. Therefore, termination of a fixed term contract is not easier or cheaper than the termination of a permanent employment contract except for the available special termination ground (term expiration).

Temporary contracts for services (non-employment contracts) with independent contractors can only be concluded if they are registered as self-employees (complying with a number of requirements) or enter into the relation through a legal entity. If the requirements for an independent contractor under Bulgarian law are not met, the employer will be subject to sanctions for circumventing the law and the controlling authorities will presume that the contract is an employment contract.

Agency workers

Under Bulgarian law, an agency worker is an employee hired by a temporary work agency and sent to a user undertaking to either:

  • Execute a specific work.

  • Temporarily replace an employee.

The employment relation arises between the agency worker and the temporary work agency. An agreement for the lease of personnel is executed between the agency and the user undertaking.

Agency workers enjoy the same rights and benefits as permanent employees. In this respect, a number of restrictive mandatory provisions and requirements apply to the employment relations with agency workers, the activity of the temporary work agencies and the rights and obligations of the user undertakings.

Part-time workers

The parties to an employment contract can agree to part-time work. There is no statutory minimum duration of part-time work. However, a minimum four-hour working day is recognised as the full day length of service.

The authorities consider a part-time employment contract as a full-time one if they find that the respective employee works more than the stipulated working hours (if the mandatory circumstances requiring overtime are not presented).

Part-time workers enjoy the same rights and benefits as permanent employees, unless the law expressly provides otherwise.

 

Data protection

16. Are there any requirements protecting employee privacy or personal data? If so, what are an employer's obligations?

Employees' data protection rights

Personal data of employees can only be gathered and processed with the consent of the individual concerned (see Question 4).

Each employee is entitled to:

  • Access their personal data.

  • Confirm the accuracy of personal data related to them, irrespective of the phase or level of its processing.

  • Bring a lawsuit for damages that occurred as a result of unlawful data processing, transfer, use and so on.

  • Demand deletion, transfer into anonymous data or suspension of the processing of their personal data when either:

    • it violates the law; or

    • the volume of personal data gathered exceeds the needs or purposes for which it is collected or processed.

  • Demand the update or correction of the personal data gathered.

  • Object against the use of their personal data for direct marketing purposes.

  • Be informed before disclosure of their personal data to third parties for the first time or use on their behalf for direct marketing purposes, and object against such disclosure or use.

Employers' data protection obligations

Each employer must:

  • Apply for registration as a personal data controller with the Commission for Personal Data Protection and ensure the adequate level of protection of the processed personal data as required by law.

  • Protect the processed personal data from unlawful access, distribution, use and destruction.

  • Comply with the statutory procedures that may apply in the case of data transfer outside Bulgaria.

  • Adopt internal rules for personal data processing and personal data protection against unlawful access.

 

Discrimination and harassment

17. What protection do employees have from discrimination or harassment, and on what grounds?

Protection from discrimination

The Protection from Discrimination Act (PADA):

  • Prohibits all forms of discrimination, such as direct and indirect discrimination.

  • Regulates the prevention of discrimination.

  • Prescribes administrative fines and sanctions for violation of its provisions.

The PADA sets up a specialised state body, the Commission for Protection from Discrimination (Commission), which supervises employers and monitors compliance with the PADA.

The PADA covers any direct or indirect discrimination on the following grounds:

  • Gender.

  • Race.

  • Nationality.

  • Ethnicity.

  • Human genome.

  • Citizenship.

  • Origin.

  • Religion or belief.

  • Education.

  • Convictions.

  • Political affiliation.

  • Personal or social status.

  • Disability.

  • Age.

  • Sexual orientation.

  • Marital status.

  • Property status.

  • Any other grounds established by law or an international treaty to which Bulgaria is a party.

Irrespective of whether the employee has used their right to complain to the employer or not, they are entitled to complain before the Commission no later than three years after the occurrence of the discrimination. If a violation is established by the Commission, it will impose sanctions on the employer. Compensations for violations can only be awarded by the court.

If the three-year period has lapsed, the employee can still start civil proceedings before the regional civil court and sue the employer for discriminatory treatment. The statutory limitation period for exercising this right is five years from the commencement of discriminatory treatment.

The employee can bring the following three types of claims before the court:

  • Request the court to establish the fact of the violation.

  • Request the court to order the employer to discontinue the violation and to restore the situation to what it was prior to the violation, and to refrain in the future from committing this kind of violation.

  • Claim compensation for the damages suffered. There are no statutory thresholds for the amounts of the compensation. It is determined by the court on a case-by-case basis.

The right to bring a civil claim before the court is also granted to trade unions and non-governmental organisations (NGOs), which can sue the employer on behalf of the employee and in certain circumstances on their own behalf.

Protection from harassment

Harassment is any behaviour based on discrimination and manifested physically, verbally or otherwise, aiming at or resulting in either:

  • Harm to the individual's dignity.

  • A hostile, insulting or threatening environment.

Harassment based on any of the grounds of discrimination (see above, Protection from discrimination), including sexual harassment, can result in disciplinary action by an employer that can ultimately lead to dismissal. An employer who has received a complaint by an employee for harassment in the workplace must immediately undertake measures to:

  • Perform an investigation.

  • Stop the harassment.

  • Impose disciplinary measures on the harassing party (if the investigations prove the harassment).

The procedures in relation to complaint and civil action are the same as for discrimination (see above, Protection from discrimination).

 

Whistleblowers

18. Do whistleblowers have any protection?

There are no specific employment regulations protecting whistleblowers in Bulgaria.

However, the implementation of a whistleblower system in Bulgaria can violate the personal data protection laws. Therefore, employers should ensure the lawful implementation of these systems, and ensure that all personal data protection rights of the individuals reported by whistleblowers are fully protected.

 

Termination of employment

19. What rights do employees have when their employment contract is terminated?

Notice periods

Notice periods depend on the type of contract:

  • Indefinite term contract. A 30-day termination notice period applies, unless otherwise agreed by the parties, but in all cases it must not exceed three months.

  • Fixed term contract. See Question 15, Temporary workers.

An employee can end the employment contract without a cause at any time, by giving the applicable notice. An employer cannot end the employment contract without a cause. The Bulgarian labour law establishes specific causes for termination with prior notice by the employer, such as:

  • Complete or partial closure of the employer's enterprise.

  • Staff reduction based on changes in the employment grid.

  • Decrease in the volume of work.

  • Suspension of the employer's business activity for more than 15 working days.

  • The employee's lack of ability to effectively perform the work.

  • The employee's lack of educational background or professional qualification required for the respective job position.

  • Changes in a job position's requirements (provided that the employee does not meet the new requirements).

  • The employee acquired right of pension for age and length of service. However, the employee is not obliged to exercise this right.

Each of the parties can terminate the employment contract without complying with the notice period, provided that it has paid compensation to the other party in lieu of the non-observed notice period. Compensation can be requested by any of the parties, regardless of whether the requesting party is initiating the termination.

In certain circumstances, no prior notice must be served by the employer (for example, on a disciplinary dismissal).

The law provides for two options for termination by mutual consent where none of the above causes are presented and evidenced by the employer:

  • General mutual consent termination without payment of termination compensation.

  • Agreement on termination against payment of compensation amounting to not less than four months' wages (based on the employee's wages for the last month).

Severance payments

The statutory compensation for termination of the employment agreement varies depending on:

  • The ground on which the agreement is terminated.

  • The observance of the notice period.

  • In some cases, the duration of the employment.

Statutory compensation generally varies from one to seven months' gross remuneration (due in the last month prior to the termination).

Severance payment always includes a separate payment for due (unused) annual paid leave (where the two-year limitation period has not yet expired).

The parties can contractually agree to exceed these statutory requirements.

Procedural requirements for dismissal

If an employer initiates the termination of an employment contract, there must be strong and indisputable documentary evidence to support the termination on one of the grounds listed above (see above, Notice periods).

The employment termination process is initiated by a formal written notice to the employee (except disciplinary dismissal). On expiry of the notice period or occurrence of the specific cause for termination, the employer documents the termination by a formal act (that is, an order for termination of the employment contract).

Regardless of the cause for termination, the employer must notify the territorial direction of the National Revenue Agency within seven days of the effective termination date. The notification is made by filing a standard form, which requires specific information about the end of the employment. If the employer fails to submit the required notification within seven days, it will be subject to a fine of between BGN1,500 and BGN15,000.

If the procedural requirements for the termination of the contract applicable to the chosen cause for dismissal are not met, the employee can file a court claim for unlawful dismissal. If the court finds the dismissal to be unlawful, the employer must reinstate the employee and pay them compensation for the period of unemployment (capped at six months).

In addition, if the employee notified the Labour Inspection of the unlawful dismissal, the Labour Inspection can impose monetary sanctions on the employer.

 
20. What protection do employees have against dismissal? Are there any specific categories of protected employees?

Protection against dismissal

An employer cannot terminate the employment contract without cause and must follow certain formal procedural requirements (see Question 19).

Protected employees

The following categories of employees are subject to special protection:

  • Mothers of children under the age of three years.

  • Employees who have been previously reassigned work within the undertaking due to medical reasons.

  • Employees who suffer from certain diseases.

  • Employees who have commenced a period of approved leave.

  • Nominated representatives of employees and employees’ representatives on health and safety matters, for the period of their nomination.

  • Employees who, during their period of employment, are members of:

    • special negotiation bodies;

    • European works councils;

    • representative bodies with a European commercial or co-operative company.

The employer can request any documents evidencing that the employee falls within any of the categories above and can ask the employee to sign a declaration confirming this.

For any of the categories of employees listed above, the employer must obtain the Labour Inspection's prior approval for dismissal on one of the following grounds:

  • Partial closure of the employer's undertaking.

  • Staff reduction based on changes in the employment grid.

  • Decrease in the volume of work.

  • The employee's lack of ability to effectively perform the work.

  • Changes in a job position's requirements (provided that the employee does not meet the new requirements).

  • Disciplinary proceedings.

In addition:

  • For employees who have previously been reassigned work within the undertaking due to medical reasons and who suffer from certain diseases, an expert opinion of a specialised labour medical commission must be obtained before dismissal.

  • Members of a syndicate's management can only be dismissed on the above grounds with the syndicate's prior consent. This protection applies during the period the employee is part of the syndicate's management and for six months afterwards.

  • Pregnant employees and employees in an advanced IVF treatment stage can only be dismissed in a very limited number of objective circumstances (for example, on complete closure of the employer's undertaking or the employee's refusal to relocate their employment following the undertaking's relocation).

  • Employees on maternity leave can only be dismissed on a complete closure of the employer's undertaking.

 

Redundancy/layoff

21. How are redundancies/layoffs defined, and what rules apply on redundancies/layoffs? Are there special rules relating to collective redundancies?

Definition of redundancy/layoff

Redundancy/layoff is defined as a decrease or future elimination by the employer of separate units of the approved total number of employees where the respective labour function is effectively removed.

The employer can carry out redundancies in cases of:

  • Closure of the enterprise or a part of it.

  • Reduction of the staff.

  • Reduction of the volume of work.

  • Suspension of the employer's business activity for more than 15 working days.

Procedural requirements

The process is strictly regulated and in the case of collective redundancies involves consultations with employees' representatives (see Question 27, Consultation).

The employer can select which employees to make redundant or which positions to close down. It is possible to dismiss employees (see Questions 19 and 20) whose positions are not made redundant to retain employees with better qualifications or work performance. The employer must exercise its selection appropriately if the redundancy affects identical or similar job positions.

Redundancy/layoff pay

The provisions regarding redundancy are the same as those for dismissals.

 

Employee representation and consultation

22. Are employees entitled to management representation (such as on the board of directors) or to be consulted about issues that affect them? What does consultation require? Is employee consultation or consent required for major transactions (such as acquisitions, disposals or joint ventures)?

Management representation

The general meeting of the employer's shareholders can only adopt decisions on employment and social security matters after taking into consideration the statement of the employees' representative on the issues discussed. This is a condition precedent to the validity of these decisions.

If a company has more than 50 employees, employees must be represented at the general meeting by an individual appointed by them (Commercial Act). The employees' representative has consultative voting rights (that is, they can participate in the general meeting only for consultation purposes).

Consultation

Consultation with employees' representatives must be undertaken for mass redundancies/layoffs. The consultation must take place at least 45 days before the effective date of the redundancies. The purpose of consultation is to agree on the performance of the redundancies or reduce the number of the affected employees. Redundancies are considered illegal if there is no prior consultation.

Consultation with employees or their representatives is additionally required in all cases of:

  • Adoption of measures relating to health and safety.

  • Adoption of employer's internal rules (for example, internal labour rules, salary regulations, and so on).

The law also provides special rules for the information and consultation of employees in multinational undertakings, groups of undertakings and European companies (Information and Consultation of Workers and Employees in Multinational Undertakings, Groups of Undertakings and European Companies Act).

Major transactions

In transactions that result in a change of employer, the old and the new employer must inform the employees' representatives, at least two months in advance, about:

  • The transaction and the date of closing.

  • The reasons for the transaction.

  • The possible legal, economic and social implications of the transaction for the employees.

  • The measures envisaged in relation to the employees, including measures for the fulfilment of obligations of the previous employer.

If the employers envisage measures under the last item above, they must carry out the consultation procedure with the employees' representatives within a reasonable period of time prior to the effective date of the transaction.

The employees' consent on the envisaged changes to the employment relationship as a result of the transaction is not required. However, employees have the right to terminate their employment contract without serving a preliminary notice if, as a result of the transaction, the terms and conditions of the employment relationship become less favourable.

 
23. What remedies are available if an employer fails to comply with its consultation duties? Can employees take action to prevent any proposals going ahead?

Remedies

If the employer fails to observe the consultation procedure, a monetary sanction can be imposed on the employer ranging between BGN1,500 and BGN15,000. Additionally, the employer may bear civil liability if the employees initiate a civil claim based on the employer's non-compliance.

Employee action

Employees and trade unions can notify the Labour Inspectorate of violations of the labour legislation. Any employee or trade union can bring legal proceedings.

 

Consequences of a business transfer

24. Is there any statutory protection of employees on a business transfer?

Automatic transfer of employees

Employees are transferred with the business by operation of law in the following circumstances:

  • Corporate reorganisations (that is, mergers, divisions or spin-offs).

  • Transformations (that is, a change of the legal form of a legal entity).

  • Transfer of activity, including transfer of tangible assets, lease, tenancy or concession of the company or a separate specified part of it.

Protection against dismissal

If dismissal is made solely on the grounds of a business transfer, a court can pronounce the dismissal illegal.

Harmonisation of employment terms

No change in existing employment relations can occur as a result of a business transfer, unless the parties under the transferred employment relationship explicitly agree and sign an annex to the respective employment contract in this respect.

In addition, employment relations do not change or terminate if a change of employer occurs due to the renting, leasing or granting under a concession of the commercial enterprise or an autonomous part of it.

In cases of mergers and acquisitions or corporate transformations, the new employer is liable to the employees. In relation to other circumstances that lead to a change of the employer, the old and the new employers are jointly liable.

 

Employer and parent company liability

25. Are there any circumstances in which:
  • An employer can be liable for the acts of its employees?

  • A parent company can be liable for the acts of a subsidiary company's employees?

Employer liability

The employer is liable for the actions of its employees carried out during, or in connection with, the performance of the assigned work.

The employer is liable for damages suffered by the employee due to injury sustained in the course of employment or occupational disease that has caused (even where another employee has caused it):

  • Temporary disability.

  • A permanent reduction in working capacity by 50% or more.

  • The death of an employee.

The employer's liability is not excluded by force majeure events. The employer's liability can be reduced where the employee has contributed to the occurrence of the damage.

The employer is not liable if the damages are a direct result of the wilful misconduct of the employee. This rule does not apply to cases of occupational disease.

Parent company liability

Bulgarian labour law does not provide for parent company liability, unless damage is caused by a subsidiary company's employee when working for the parent company under circumstances such as a business trip.

 

Employer insolvency

26. What right do employees have on the insolvency of their employer? Is there a state fund which guarantees repayment of certain employment debts?

Employee rights on insolvency

The Law for Guaranteed Receivables of Workers and Employees on Insolvency of the Employer provides for guarantees for the outstanding receivables due under the employment relationship. The employees have the right to receive their charged but unpaid remunerations and compensations (where this occurs after 1 January 2005) if their employment is:

  • With an employer who has been actively performing its scope of business at least 12 months prior to the insolvency declaration.

  • Not terminated before the publication of the ruling for the declaration of the employer's insolvency.

  • Terminated in the last three months prior to the date of the declaration of the insolvency.

State guarantee fund

The state fund under the Law for Guaranteed Receivables of Workers and Employees on Insolvency of the Employer protects the claims of employees when insolvency proceedings are initiated against their employer.

Employers pay monthly contributions to the fund for their current employment relationships. The amount of the contributions is calculated based on the amount of the guaranteed receivables provided by the law. For 2016, the maximum amount of the guaranteed receivables is BGN1,200. Currently, the State Social Security Budget Act provides, as an anti-crisis measure, a temporary exception of the employers' obligation (that is, no contributions to the fund were due for 2016).

 

Health and safety obligations

27. What are an employer's obligations regarding the health and safety of its employees?

Special rules apply to employers' health and safety obligations, such as:

  • Mandatory preliminary health check at the employee's expense before commencement of the employment.

  • Adopting and complying with internal health and safety rules.

  • Organising initial and periodic health and safety training and instruction for employees.

  • Ensuring that all employees are instructed and trained on safe working methods before starting work.

  • Free provision of special work clothing, personal protection items, preventive meals and anti-toxins and other measures neutralising the harmful effects of the work environment.

  • Concluding health and safety medicine contracts with specialised medical units (employment medicine agencies).

  • Participating in the joint employer/employees bodies on health and safety matters within the enterprises, namely, the working conditions committees or working conditions groups.

 

Taxation of employment income

28. What is the basis of taxation of employment income for:
  • Foreign nationals working in your jurisdiction?

  • Nationals of your jurisdiction working abroad?

Foreign nationals

Income earned by an employee from their work activities on the territory of Bulgaria is deemed Bulgarian source income and is taxable in Bulgaria. The taxable income from employment activities comprises the employee's salary and other additional benefits (in cash or in kind) provided to the individual in relation to their assignment. The taxable base is formed after deducting from the taxable income the amount of the social security and health contributions that are at the expense of the employee.

Nationals working abroad

An individual who is considered or remains a Bulgarian tax resident (based on the criteria provided by the Personal Income Tax Act) will be taxed in Bulgaria on their worldwide income (including foreign source employment income from working abroad).

The provisions of applicable double tax treaties override the domestic legislation. Tax relief is granted in accordance with the method established in the relevant treaty (tax exemption or tax credit).

Additionally, if there is no double tax treaty, Bulgarian law grants a unilateral tax credit for tax paid abroad on foreign source income received by a Bulgarian tax resident. The allowed tax credit cannot exceed the amount of tax which would have been due in Bulgaria on similar or identical income.

 
29. What is the rate of taxation on employment income? Are any social security contributions or similar taxes levied on employers and/or employees?

Rate of taxation on employment income

Employment income is taxed at a flat rate of 10%. On payment of the salary, the employer must withhold the due personal income tax and remit it to the National Revenue Agency on behalf of the employee.

Social security contributions

Mandatory social security contributions are due on the employee's gross remuneration within certain minimum and maximum limits. The minimum social security base varies according to categories of occupation. The maximum social security base for 2016, which is the same for all occupations, is capped at BGN2,600.

The social security contributions are split between the employer and employee. The most common aggregate social security rate for 2016 is 30.3%, distributed between the employer and the employee in a proportion of 60:40. The social security contributions due by the employee are withheld by the employer from the employee's remuneration and remitted to the National Revenue Agency.

 

Bonuses

30. Is it common to reward employees through contractual or discretionary bonuses? Are there restrictions or guidelines on what bonuses can be awarded, whether generally or in particular sectors?

The company's internal salary regulations and the individual employment contract usually stipulate how bonuses are calculated and awarded. This regulation is mandatory in relation to bonuses that are paid on a regular basis.

No formal requirements apply to discretionary payment of bonuses in the private sector, although there is a general ban on discrimination (Question 17, Protection from discrimination).

There are specific requirements applicable to additional remunerations for achieved targets by employees of the state or municipality administrations (that is, in the public sector). The amount of these remunerations is capped by law and they are payable four times per year.

In all cases, bonus policies must be notified to employees in advance, to avoid possible labour law discrimination disputes.

 

Intellectual property (IP)

31. If employees create IP rights in the course of their employment, who owns the rights?

The employee owns IP rights over their publications and works of art, and so on, created in the course of their work, unless otherwise agreed between the parties. However, the employer is entitled to the exclusive use of the created publications and works of art by its employees. Therefore, the employee is only entitled to be named as the author or creator of the relevant work.

The employer owns the IP rights over computer programs and databases created by their employees in the course of their work.

 

Restraint of trade

32. Is it possible to restrict an employee's activities during employment and after termination? If so, in what circumstances can this be done? Must an employer continue to pay the former employee while they are subject to post-employment restrictive covenants?

Restriction of activities

An employee can enter into another employment relationship during the course of employment, unless the employment contract provides otherwise.

Post-employment restrictive covenants

Restrictions imposed on an employee's future employment are invalid and unenforceable.

 

Proposals for reform

33. Are there any proposals to reform employment law in your jurisdiction?

The current proposals for reform of Bulgarian employment law are as follows:

  • Establishment of specialised labour courts.

  • Administrative co-operation between the Labour Inspectorate and the respective competent authorities in EU and European Economic Area (EEA) member states and the Swiss Confederation, and cross-border enforcement of financial administrative sanctions and fees.

  • Higher protection of the rights of employees sent to business trips or appointed for the provision of services within the EU, EEA and the Swiss Confederation.

  • Possibility of executing one-day employment contracts on the last day of the month.

 

Online resources

Ministry of Labour and Social Policy

W www.mlsp.government.bg/index.php?section=HOMEN2〈=_eng

The official website of the Ministry of Labour and Social Policy of Bulgaria. Only Bulgarian versions are available.

National Revenue Agency

W www.nap.bg/en/

Description. The official website of the National Revenue Agency of Bulgaria. The English versions of the available documents are not binding and may be out of date.

General Labour Inspectorate, Executive Agency

W www.gli.government.bg/

Description. The official website of the General Labour Inspectorate, Executive Agency of Bulgaria. The English versions of the available documents are not binding and may be out of date.

Ministry of Interior

W www.mvr.bg/en/default.htm

Description. The official website of the Ministry of Interior of Bulgaria. The English version of the available documents is not binding.

Commission for Personal Data Protection

W www.cpdp.bg/en/index.php?p=home=0

Description. The official website of the Commission for Personal Data Protection of Bulgaria. The English versions of the available documents are not binding.

Commission on Protection from Discrimination

W www.kzd-nondiscrimination.com/layout/

Description. This is the official website of the Commission on Protection from Discrimination of Bulgaria. The English versions of the available documents are not binding and may be out of date.

Ministry of Culture

W http://mc.government.bg/page.php?p=141=142=0=0=0

Description. This is the official website of the Ministry of Culture of Bulgaria (IP rights reference). Only Bulgarian versions are available.



Contributor profiles

Vesela Kabatliyska

Dinova Rusev & Partners Law Office

T +359 2 943 4350
F +359 2 946 3418
E vesela.kabatliyska@drp-legal.com
W www.drp-legal.com

Professional qualifications. Bulgaria, 2010

Areas of practice. Employment; personal data protection; immigration.

Recent transactions

  • Legal advice and assistance concerning the employment of personnel of multinational companies, including preparing all types of employment contracts, internal rules and resolving day-to-day employment issues.
  • Employment law assistance concerning a major multinational company's transfer of business and personal data protection issues.
  • Closing down of a large multinational company's Bulgarian operations.
  • Assisting a major multinational company establishing its business in Bulgaria on employment structure and statutory compliance.
  • Advising on the Bulgarian employees' participation in the establishment and further compliance of a Societa Europea of a multinational company.
  • Conducting corporate and employment due diligence of major multinational companies.

Languages. Bulgarian, English

Professional associations/memberships. Vratsa Bar Association; European Employment Law Association; Employment Law Alliance – Primary Representative of Dinova Rusev & Partners Law Office, Exclusive Member of Bulgaria.

Publications

  • Transferring Employees Оn Аn Outsourcing In Bulgaria: overview, published by Practical Law 2016.

  • Outsourcing in Bulgaria: overview, published by Practical Law 2016.

  • Is the Bank Heavy For Тhe Cloud, published by the Bulgarian CIO Magazine, March 2016.

  • The Good Managers Look For New Knowledge, New Points of View And Are Open To Discussions, published by Karieri Magazine, May 2016.

  • Employment Law Legal Alert June 2016, Dinova Rusev & Partners.

  • May Google Forget Us And How, published by Flash News, July 2016

  • Design by Default, published by the Bulgarian CIO Magazine, August 2016.

Gergana Antonova

Dinova Rusev & Partners Law Office

T +359 879 60 95 68
F +359 2 946 3418
E gergana.antonova@drp-legal.com
W www.drp-legal.com

Professional qualifications. Bulgaria, 2014

Areas of practice. Employment; personal data protection; immigration.

Recent transactions

  • Advising on the development of the employment structure of large IT companies.
  • Advising in a number of international M&A transactions on the issues and procedures applicable the transfer of undertakings and any other employees' and data protection matters.
  • Advising on the tax and social security implications as regards foreign employees in Bulgaria, including share option plans, personal data protection and data transfer issues.
  • Advising former high executives of a large media company in Bulgaria during court proceedings following the termination of their employment.

Languages. Bulgarian, English

Professional associations/memberships. Sofia Bar Association.

Publications

  • Transferring employees on an outsourcing in Bulgaria: overview, published by Practical Law 2016.

  • Employment Law Legal Alert June 2016, Dinova Rusev & Partners.

  • The Data Transfer Between EU and USA is Regulated by a New Agreement, published by the Bulgarian Computerworld, July 2016 .

  • Design by Default, published by the Bulgarian CIO Magazine, August 2016.

  • 4 Ideas For The ICT Employers On How To Facilitate The Effective Communication, published in the 2016 annual edition ranking the Top 100 Bulgarian IT Companies, October 2016.


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