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Bulgaria - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Bulgaria - 2016    

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Obligation to provide reasons to the employee: Yes
  • The Labour Code does not specify whether the employer shall provide reasons for dismissal.
    However, see:
    - Art. 328 LC: exhaustive list of 12 situations when dismissal with notice is authorized;
    - Art. 330 LC: exhaustive list of 8 situations when dismissal without notice is authorized.
    - Art. 190 LC lists authorized grounds for disciplinary dismissal.

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
  • Art. 328 LC lists 12 situations when dismissal with notice is authorized.

    Art. 330 LC lists 8 situations when dismissal without notice is authorized. Authorized grounds disciplinary dismissal are listed in art. 190 LC.

Prohibited grounds: marital status; family responsibilities; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; ethnic origin
  • See Art. 8 (3) LC
    See also art. 4 (1) together with art. 21 (on termination of employment) of the Protection from Discrimination Act, 2003.
    In addition, "differences in the contract term and duration of working time" are listed as prohibited grounds of discrimination.

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; confirmed injured workers
  • Art. 333 (1), (3), (5), (6) LC
    * Art. 333 (1) LC lists the categories of workers for which dismissal can only take place after consent of the labour inspectorate has been obtained: mothers of children under 3 years or spouses of persons who have entered their regular military service, employees reassigned due to health reasons, employees suffering from certain diseases, employees on permitted leave.

    * Protection for trade union representatives is provided in art. 333 (1) LC. Prior consent of the trade union is required when dismissal is based on certain grounds (partial closing down of the entreprise or staff cuts, reduction of the volume of work, lack of qualities for efficient work performance, lack of qualifications following changes in the requirement, disciplinary dismissals).

    *Pregnant women can only be discharged under certain grounds such as "force majeure", closing down of the enterprise, refusal to follow the enterprise in the case of relocation. Prior consent of the labour inspectorate is required for disciplinary dismissal (art. 333 (5) LC).
    A women on maternity leave can only be dismissed when the enterprise is closing down (art. 333 (6) LC).