I. Introduction

Amendments to the Labour Code (LC), effective as of 01.08.2022, have been promulgated in the State Gazette No. 62 of 05.08.2022. According to the explanatory memorandum to the draft law, the aim is to ensure greater transparency and predictability of the individual employment relationship and to improve the legal framework on the rights of the employee related to the reconciliation of work and family obligations. The amendments implement into Bulgarian legislation the requirements of Directive 2019/1152/EU of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the EU and Directive 2019/1158/EU of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.

In order to facilitate employees and employers in the transition to the new legal regime, Gugushev & Partners Law Office has prepared a brief summary of the changes.

II. Changes concerning the information which the employer must provide to the employee

These changes are aimed at ensuring more effective implementation of the employer's obligations to provide information to the employee relating to his or her work.

Even before the changes, the employer had an obligation under Article 66(6) of the LC to provide the employee with information in the event of a modification in the employment relationship. However, with the amendment of the abovementioned provision, information must be provided by the employer 'at the latest before the modification takes effect' and not 'at the earliest opportunity or at the latest within one month after the modification takes effect', which was the text of Article 66(6) before the legislative amendment.

Furthermore, pursuant to the additions to Art. 127 para. 1 of the Labour Code, the employer is obliged to:

  • acquaint the employee with the Internal Remuneration Regulations;
  • provide information on the conditions and procedure for termination of the employment contract in accordance with the provisions of the Labour Code; and
  • provide information on trainings arranged by the employer related to maintaining and improving the employee’s professional qualifications and skills.

III. Introduction of an individual right to parental leave of the father (adoptive parent)

Until this moment, the legal framework did not provide for an individual right of the father (adoptive parent) to parental leave with a guaranteed right to remuneration or benefits. The father could only use the mother's leave with her permission. Now, an individual right for the father is provided for in the new Article 164c of the Labour Code, according to which the father (adoptive parent) is entitled to parental leave until the age of 8 in the amount of 2 months, if he has not taken parental leave with the consent of the mother (adoptive mother).

 

IV. Changes concerning the modification of the employment relationship

Article 119 of the LC now expressly regulates the procedure for the modification of the employment relationship. The first two paragraphs of this article contain provisions which have never been controversial in labour law, namely that modifications in the employment relationship take place by agreement of the parties. However, a novelty has been introduced in Art. 119(3) of the LC, according to which, where a probationary period has been agreed, the employee may propose a modification to the employment relationship only after the expiration of the probationary period. In the event that the employer refuses to modify the employment relationship (but only in this case and not in the cases described above), he is obliged to provide the employee with a reasoned written reply within one month, unless the proposal is made more than twice in a period of one year.

Similar are the amendments to Article 167b of the Labour Code, according to which an employee who is a parent (adoptive parent) of a child up to the age of 8 has the right to propose in writing to the employer modifications in the employment relationship for a certain period of time regarding the duration and distribution of his/her working time, to propose switching to teleworking, as well as other modifications to the employment relationship to facilitate the reconciliation of work and family obligations.

An employee who is caring for a parent, child, spouse, sibling and parent of the other spouse or other relatives in the direct line of descent for serious medical reasons also has the right to propose modifications of the relationship to the employer.

Where the employer refuses to modify the employment relationship, it must provide the employee with a reasoned written response within 14 days.

The amendments also stipulate that, when an employee first enters an undertaking, he or she may enjoy the rights when he or she has reached at least 4 months' service.

   V. Changes concerning the employee's options to work additionally for another employer

Prior to the amendments to the LC, the parties were allowed to conclude an additional employment contract if not otherwise agreed in the individual employment contract of the employee's main employment relationship, including a complete prohibition on additional work for another employer. The amendment to Article 111 of the LC retains the possibility of prohibiting additional work for another employer, but only for reasons of protecting business secrets and preventing conflicts of interest.

VI. Changes concerning the training of employees

The amended Article 228a of the Labour Code provides that where, by virtue of a regulatory act, a collective agreement or an agreement to the individual employment contract, the employer is obliged to provide training to maintain and improve the professional qualifications of employees for the effective performance of their duties in accordance with the requirements of the work performed, the training time shall be counted as working time.  Whenever possible, training shall take place during the employee's established working hours.

It is important to note that, according to the amendments to the Labour Code, all costs related to the said training of the employee shall be borne by the employer.

Article 228a(2) of the Labour Code also provides that in the event of an employee's prolonged absence from work, the employer is obliged to provide the employee with conditions for familiarizing him or her with the new developments in the work that have occurred during his or her absence and for achieving the level of qualification necessary for the effective performance of his or her duties.

VII. Changes to the probationary employment contract

Previously, the LC provided an opportunity for the parties to agree on a probationary period of up to 6 months (without exceptions). Now Art. 70(1) of the LC stipulates that if the employment contract is for a period shorter than one year, then the probationary period must be up to one month. In this way, it is possible to set a probationary period according to the agreed duration of the work.

For specific questions and assistance, please do not hesitate to contact us!

 

Regards,

The team of Gugushev & Partners Law Office

 

17 August 2022

Sofia