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Bulgaria
 


Source and scope of regulations - 2019    

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

Types of employment contracts - 2019    

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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) - 2019    

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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 - 2019    

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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) - 2019    

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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 - 2019    

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    Severance pay:
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0 month(s)
    • tenure ≥ 2 years: 0 month(s)
    • tenure ≥ 4 years: 0 month(s)
    • tenure ≥ 5 years: 0 month(s)
    • tenure ≥ 10 years: 0 month(s)
    • tenure ≥ 20 years: 0 month(s)
    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 - 2019    

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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 - 2019    

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