Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Bulgaria - 2019
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- Labour Code [LC], SG, No. 26 and No. 27, 1986, as subsequently amend. and suppl. SG. 92/6 Nov 2018.; view website » (view in NATLEX »)
- Employment Promotion Act, SG, No. 112, 2001, as subsequently amended up to 29.12.2015 (SG, No. 105)
An updated version is available in Bulgarian at: https://www.mlsp.government.bg/ckfinder/userfiles/files/politiki/zaetost/zakonodatelstvo/ZAKON_za_nasyrcavane_na_zaetostta_12_2015.docx; view website » (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unlawful dismissal shall amount to the employee's gross remuneration for the period of unemployment caused by the dismissal but not for more than 6 months.
Reinstatement available: Yes
- Art. 344 (1) LC. Right of the employee to demand reinstatement.
Preliminary mandatory conciliation: No
Competent court(s) / tribunal(s): ordinary courts
- Art. 344 (4) LC refers to district and regional courts.
Existing arbitration: No
Length of procedure: 3 month(s) (statutory)
- 3 months is the statutory timeframe for the first instance decision.
Art. 344 (4) provides for a mandatory timeframe for consideration of labour disputes by the courts:
* within 3 months following the receipt of the claim for the district court and;
* within 1 month following the receipt of appeal by the regional court.
Note: The action relating to termination of employment should be brought within 2 months as from the date of termination (art. 358 (1) LC).