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Bulgaria
 


Source and scope of regulations - 2016    

References
  • 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 »)
Scope
Size of enterprises excluded (≤): 20
Workers' categories excluded: civil/public servants; police; army; judiciary

Types of employment contracts - 2016    

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Maximum probationary (trial) period: 6 month(s)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
  • Maximum number of successive FTCs: 1
  • Maximum cumulative duration of successive FTCs: 36 month(s)
  • % of workforce under FTC: 3.5 %

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

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

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

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities; confirmed injured workers

Procedural requirements for individual dismissals - 2016    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • 30 day(s).
    • tenure ≥ 9 months
      • 30 day(s).
    • tenure ≥ 2 years
      • 30 day(s).
    • tenure ≥ 4 years
      • 30 day(s).
    • tenure ≥ 5 years
      • 30 day(s).
    • tenure ≥ 10 years
      • 30 day(s).
    • tenure ≥ 20 years
      • 30 day(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2016    

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    Definition of collective dismissal (number of employees concerned):
    At least:
    1) 10 employees out of a total of 20 to 99 employees, over a period of 30 days
    2) 10% of employees out of a total of 100 to 299 employees, over a period of 30 days;
    3) 30 employees out of at least 300 employees, over a period of 30 days;

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2016    

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    Severance pay:
      Redundancy payment:
      • tenure ≥ 6 months: 1 month(s)
      • tenure ≥ 9 months: 1 month(s)
      • tenure ≥ 1 year: 1 month(s)
      • tenure ≥ 2 years: 1 month(s)
      • tenure ≥ 4 years: 1 month(s)
      • tenure ≥ 5 years: 1 month(s)
      • tenure ≥ 10 years: 1 month(s)
      • tenure ≥ 20 years: 1 month(s)

      Notes / Remarks
      1) Dismissal not based on economic reasons: no statutory severance pay except:
      - upon termination of employment due to an illness for employee of at least 5 years of service: 2 months' gross remuneration (art. 222 (2) LC);
      - upon termination after the employee has acquired the right to a pension : 2 months' pay or 6 months' pay for a job tenure of 10 years (art. 222 (3) LC).

      2) Economic dismissal: redundancy payment.

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2016    

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      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

      Preliminary mandatory conciliation: No

      Competent court(s) / tribunal(s): ordinary courts

      Existing arbitration: No

      Length of procedure: 3 month(s) (statutory)

      Source of additional information - 2016    

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