Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Bulgaria - 2016
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- Labour Code [LC], SG, No. 26 and No. 27, 1986, as subsequently amended up to 30.12.2016 (SG No. 105)
[Note: The English version of the Labour Code (NATLEX) covers updates only until 2004. However, subsequent amendments have been reviewed by the researchers.
The updated Labour Code is available in Bulgarian at: https://www.lex.bg/laws/ldoc/1594373121; 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 employer'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).