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Bulgaria - Working time - 2011


LAST UPDATE

12 September 2012
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SOURCES


Name of Act

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Name of Act

Decree No. 72/1986 on hours of work, rest and leave, (¿¿¿¿¿¿¿ ¿¿ ¿¿¿¿¿¿¿¿¿ ¿¿¿¿¿, ¿¿¿¿¿¿¿¿¿ ¿ ¿¿¿¿¿¿¿¿¿), of 31 December 1986, as amended to 15 March 2011.

LEGAL DEFINITIONS


Employer

"Employer" shall mean any natural person, body corporate or division thereof, as well as any other organizationally and economically autonomous entity (enterprise, office, organization, cooperative, farm, establishment, household, association and the like), that independently hires employees under employment relationships.
Labour Code Supplementary Provisions S.1(1)

Overtime/overtime work

"Overtime work" shall mean work performed above the agreed working hours, with the consent of the employer or the respective superior.
Labour Code Art.143

Night work(er)

"Night work" shall mean the work performed in the interval between 10 p.m. and 6 a.m.

"Night worker" shall mean the worker who performs at least 3 hours of night work whether in regular basis or in shifts.
Labour Code Art.140(2), 140a(1)

Young worker

"Young worker" shall mean a worker who have not yet attained 18 years old, generally between 16 and 18 years old, upon permission of the Labour Inspectorate in each separate case, and as an exception workers between 15 to 16 years old under permission of the Minister of Labour and Social Policy.

Young workers are prohibited from the performance of heavy, harmful and dangerous tasks, and shall be employed after a thorough preliminary medical examination and a medical ruling which certifies their fitness to perform the respective work.
Labour Code Art. 303, 304

NORMAL HOURS LIMITS


Daily hours limit


General limit

The general limit of working hours is set in 8 hours per day.
Labour Code Art.136(3)
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

REDUCTION FOR UNHEALTHY WORK
Reduced working time shall be established for employees working under unhealthy conditions or doing work under special conditions upon the decision of the Council of Ministers.

HOURS AVERAGING
The employer may establish that the working time is averaged over a calendar period which shall not be longer than 6 months.

THE PRODUCTION PROCESS
The 8 hour limit can be extended for reasons related to the production process during some working days, to a maximum of 10 hours (full-time workers) or 1 hour beyond normal hours (part-time workers).
External comment: An extension due to the production process is possible, provided that the employees representation has been consulted inasmuch as the collective agreement does not provide otherwise, and the labour inspectorate been informed prior. These hours can be worked in 60 working days per calendar year but not for more than 20 consecutive working days. The employer shall be bound to compensate the extension of the working hours with respective reduction of the working hours for each work day within 4 months.
Labour Code Art.136 a, 137(1), 142(2)

Special categories


» Night work

The normal duration of the night working hours for a five-day work week shall be up to 7 hours.
Labour Code Art.140(1)

» Shift work

The hours limit can be extended to 12 hours (full-time workers) or by one additional hour (part-time workers).
Labour Code Art.142

» Young workers

Employees who have not reached 18 years old shall be entitled to reduced working hours.
Labour Code Art.137(1)

Weekly hours limit


General limit

The general limit of working hours is set in 40 hours per week.
Labour Code Art.136(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 40 hours for a 5-day working week (46 hours for a 6-day working week)

Reference period(s)

With regard to the determination of the weekly hours the reference period is a workweek of 5 days.
Labour Code Art.136

Exceptions

UNHEALTHY WORK
Reduced working hours shall be established for workers in unhealthy conditions or in work performed under special conditions.

THE PRODUCTION PROCESS
Hours in excess of the 40 hour limit up to 48 hours (40 hours for part-time workers) are permitted for reasons related to the production process during some working days, to be compensated for by reduced hours on other days. These hours can be worked in 60 working days per calendar year but not for more than 20 consecutive working days. The compensatory reduction in working hours must take place within 4 months.Consultation with employee representatives is required and the labour inspectorate must be notified in advance.
Labour Code Art.136a, 137

Special categories


» Night work

The normal duration of the weekly working hours at night for a five-day work week shall be up to 35 hours
Labour Code Art.140

» Shift work

The maximum duration of shift work under an summarized calculation of working hours shall not be more than 56 hours per week.
Labour Code Art.142(4)

» Young workers

Employees who have not reached 18 years old shall be entitled to reduced working hours.
Labour Code Art.137(1)

OVERTIME WORK


Criteria for overtime


General

"Overtime work" shall mean work performed above the agreed working hours, with the consent of the employer or the respective superior.

The performance of overtime work shall be prohibited unless on an exceptional basis in the following cases:
1. for the performance of work related to the national defence;
2. for the prevention of, and struggle against, natural and social disasters or dangers, and for the removal of their immediate consequences;
3. for the performance of urgent publicly necessary work to restore water and electrical supply, heating, sewerage, transport and communication links, and for providing medical assistance;
4. for doing emergency repairs in working premises, on machines and other equipment;
5. for the completion of work which can not be completed within the regular working hours - in case stoppage of such work may result in danger for the life and health of people, and in damaging machines and materials;
6. for the performance of intensive seasonal work.

For workers and employees who work under specific conditions where risks to their lives and health cannot be reduced regardless of measures taken, the performance of overtime work is prohibited.
Labour Code Art.143(2), 144, 146, 147

Worker`s influence

Workers may refuse overtime hours of work if the provisions of the legislation or of a collective agreement are not complied with.
Labour Code Art.148

Limits on overtime hours


General limits

The duration of the overtime work performed by an employee shall not exceed:
- 150 hours in one calendar year;
- 30 day-time hours or 20 night-time hours per month;
- 6 day-time hours or 4 night-time hours per week;
- 3 day-time hours or 2 night-time hours over 2 consecutive days.
Labour Code Art.146
Historical data (year indicates year of data collection)
  • 2009: 150 hours per year, not exceeding: 30 day hours or 20 night hours per month; 6 day hours or 4 night hours per week; 3 day hours or 2 night hours over 2 consecutive days.
  • 2007: 150 hours per year, not exceeding: 30 day hours or 20 night hours per month; 6 day hours or 4 night hours per week; 3 day hours or 2 night hours over 2 consecutive days.
  • 1995: 150 hours per year, 30 hours of day work or 20 of night work a month; 6 of day or 4 hours work a week, and 3 hours of day or 2 hours of night work in 2 consecutive days.

Restrictions/exceptions

The overtime hours limit shall not apply in certain circumstances, including where work is performed in the national defence; in the event of disasters; and where urgent public work is carried out, such as in electricity or transportation.
Labour Code Art.146

Compensation for overtime work


Overtime rate(s)

Overtime work shall be remunerated with an increase agreed upon by the employee and the employer, but not less than:
1. 50 per cent for work on working days;
2. 75 per cent for work on weekends;
3. 100 per cent for work on official holidays;
4. 50 per cent for work with an accumulated calculation of the working time.
Labour Code Art.262
Historical data (year indicates year of data collection)
  • 2009: 50% increase (weekdays) 75% increase (weekends) 100% increase (public holidays)
  • 2007: 50% increase (weekdays) 75% increase (weekends) 100% increase (public holidays)
  • 1995: 50% premium on working days, 75% on weekends and 100% on official holidays.

Compensatory rest

Relevant provisions on compensatory rest for the performance of overtime work have been not identified.

Notice of requirement to work overtime


General provisions

The employer shall request to the workers the performance of overtime work with at least 24 hours in advance.
Decree No. 72/1986 on hours of work, rest and leave Art.15(1)

Special categories


Young workers

Overtime work is prohibited for workers who have not reached 18 years old.
Labour Code Art.147(1)

Pregnant workers/recent birth

The performance of overtime work is prohibited for pregnant employees.
Labour Code Art.147(1)

Carers

The performance of overtime work is prohibited for mothers of children up to six years old, as well as for mothers who take care of disabled children irrespective of their age, unless they express their written consent.
Labour Code Art.147(1)

SCHEDULES

Relevant provisions have been not identified.

REST PERIODS


Rest breaks


General provisions

The working hours of the employee shall be interrupted by one or several breaks. The employer shall provide the employee a rest for a meal which shall not be shorter than 30 minutes.

The rest periods shall be not included in the working hours.

In continuous production processes or in enterprises where the work is uninterrupted, the employer shall provide to the employee time for a meal during the working hours.
Labour Code Art.151
Historical data (year indicates year of data collection)
  • 2009: A meal break of at least 30 minutes.
  • 2007: A meal break of at least 30 minutes.
  • 1995: 1 or several breaks, including 1 meal break of 30 minutes.

Daily rest periods


Duration

The employee shall be entitled to an uninterrupted rest between work days which shall not be shorter than 12 hours.
Labour Code Art.152
Historical data (year indicates year of data collection)
  • 2009: 12 uninterrupted hours.
  • 2007: 12 hours
  • 1995: 12 consecutive hours.

Weekly rest periods


Duration


» General

For a five-day working week the employee shall be entitled to a weekly rest of two consecutive days.
Labour Code Art.153(1)
Historical data (year indicates year of data collection)
  • 2009: Two consecutive days for a week of five work days.
  • 1995: At least 24 hours or 48 hours in a 5-day working week.

» Exceptions

When total calculation of the working time is done, the uninterrupted weekly rest period shall be not less than 36 hours.

In cases where the organization of work in the enterprise requires working in shifts, the weekly rest period may be shorter than 36 hours but not less than 24 consecutive hours.
Labour Code Art.153(2)(3)

Day specified


» General

In principle, one of the two weekly rest days shall be the Sunday.
Labour Code Art.153(1)

Work on weekly rest day


» Compensation (for working on a rest day)

Where an employee is required to perform his/her duties during the period of weekly rest, he/she shall be entitled to get extra payment plus a compensatory uninterrupted rest during the following working week and not shorter than 24 hours.
Labour Code Art.153(4)

Special categories


» Shift workers

In cases where the organization of work in the enterprise requires working in shifts, the weekly rest period may be shorter than 36 hours but not less than 24 consecutive hours.
Labour Code Art.153(3)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Any employee after 8 months of employment is entitled to enjoy paid annual leave.
Labour Code S.155(2)
Decree No. 72/1986 on hours of work, rest and leave Art.22

Duration


» General

Every worker shall be entitled to enjoy at least 20 work days of annual leave.
Labour Code Art.155(1)(4)
Historical data (year indicates year of data collection)
  • 2009: 20 working days
  • 2007: 20 working days
  • 1995: 14 working days.

» Exceptions

According to the special nature of their work, some categories of employees shall be entitled to an extension of the annual paid leave.

To this respect, workers with unhealthy or special conditions of work (where risks to their lives and health cannot be reduced regardless of measures taken) are entitled to at least five additional leave days.

A longer duration of the annual leave period may be agreed in a collective agreement, as well as between the parties to an employment relationship.
Labour Code Art.155(5), 156, 156bis

Payment


» Amount

During the annual leave period, the worker shall be entitled to a remuneration calculated from the average daily gross pay in the last month preceeding the enjoyment of such leave, provided that he/ she has worked at least 10 days.

It shall be prohibited to compensate for the annual paid leave in cash, except at the termination of the employment relationship.
Labour Code Art. 177, 178

» Date of payment

The remuneration for the annual leave is paid at the request of the employee, at least 3 days before the start of the leave.
Decree No. 72/1986 on hours of work, rest and leave Art.41

Schedule and splitting

At the beginning of each calendar year, the employer establishes a schedule for the use of paid annual leave by employees in consultation with representatives of trade unions and representatives of employees.
Before setting the schedule of annual leave, the employer shall take into account the preferencies of all employees.

Workers shall enjoy the paid annual leave within the calendar year to which it relates. If the worker is unable to take the annual leave within the period scheduled by the employer, he or she can enjoy such leave in another moment within the same calendar year.

In case the worker is unable to take the paid annual leave period in whole or in part within the year to which it relates due to the enjoyment of maternity, adoption or parental leave, the worker may take such period all at once later on.
In such case the right of the worker to paid annual leave shall expire after two years from the end of the year for which the leave is applied.

The worker may request the employer to enjoy part of his/her annual leave or unpaid leave within a specific period of the year for the profess of his religion, provided that the duration of such period is not longer than the number of days for the Easter Holidays.

The employer shall grant the employee the annual leave period in the dates specified at the beginning of the year, unless its use is deferred due to important production reasons.
In such case the employer may postpone up to 10 days of the annual leave of the worker to the next calendar year.

Where the employer has not authorized the use of leave for the period specified in the schedule, the employee has the right to determine the time to use it, and notify the employer in writing at least two weeks in advance.
Labour Code Art.173,176
Decree No. 72/1986 on hours of work, rest and leave Art.37bis, 37d)

Special categories


» Women

Mothers of children under the age of 7, shall enjoy their period of annual leave during the summer, and if they so wish - at other times of the year.
Labour Code Art.174

» Young workers

Workers under 18 years old shall enjoy their period of annual leave during the summer, and if they so wish - at other times of the year.
Labour Code Art.174

PUBLIC HOLIDAYS


Number and dates

13 days.

January 1 - New Year; March 3 - the Day of the Liberation of Bulgaria from Ottoman Domination - the National Day; May 1 - the Day of Labour and International Workers’ Solidarity; May 6 - St.George’s - the Day of Valour - the Bulgarian Armed Forces Day; May 24 - the Day of Bulgarian Education and Culture and of Slavonic Letters; September 6 - Unification Day; September 22 - Bulgaria’s Independence Day; November 1 - the Day of the Leaders of the Bulgarian National Revival - a legal holiday for all educational establishments; December 24 - Christmas Eve; December 25 and 26 - Christmas; Easter - two days (Sunday and Monday) on which it is celebrated in the respective year.

In addition to that, the Council of Ministers may also declare other days for one-time public holidays, or for the commemoration of certain professions.
In these cases, the duration of the work week shall not be longer than 48 hours, and the duration of the week rest – not shorter than 24 hours.
Labour Code Art.154(1)(2)

Work on Public Holidays


» Compensation

Work on official holidays, irrespective of whether it represents overtime work or not, shall be remunerated by an additional wage rate of at least 100%.
Labour Code Art.264

EMERGENCY FAMILY LEAVE

The employee shall be entitled to take 2 working days of family leave for his/her marriage, or in the event of the death of a parent, a child, a spouse, a brother, a sister and a parent of the spouse or other relatives in direct lineage.

The employee shall receive remuneration as provided for in the collective agreement or as agreed between the employee and the employer.
Labour Code Art.157

PART-TIME WORK


General provisions

The parties to the employment contract may negotiate work for a part of the statutory working hours (part-time work). In this case they shall specify the duration and allocation of the working hours.

After consultation with the worker´s representatives, the employer may scheduled up to 3 months of part-time work in a calendar year, through reducing the workload, for the employees of the company or a part of them, that normally perform full time work.
Labour Code Art.138(1), 138a(1)

Limits

The duration of the working time for a part-time worker shall not be lower than the half the statutory daily hours limit.
Labour Code Art.138a.(2)

Right to equal treatment


Right/scope

Employees working part-time may not be discriminated against with regard to rights and obligations of workers employed in full-time basis performing the same or similar work in the enterprise.
Labour Code Art.138(3)

Permissable justification for different treatment

Different treatment is allowed with regard to certain rights which depend on seniority, work experience and other gained qualifications.
Labour Code Art.138(3)

NIGHT WORK


Criteria for night work

"Night work" shall mean the work performed in the interval between 10 p.m. and 6 a.m.
"Night worker" shall mean the worker who performs at least 3 hours of night work whether in regular basis or in shifts.
Labour Code Art.140(2), 140a(1)

Limits


Daily hours limit

The normal duration of the night working hours for a five-day work week shall be up to 7 hours.
Labour Code Art.140(1)

Weekly hours limit

The normal duration of the weekly working hours at night for a five-day work week shall be up to 35 hours.
Labour Code Art.140(1)

Rest breaks

Relevant provisions on the entitlement and duration of rest breaks for night workers have been not identified. However the legislation states that the employer shall provide to the employees hot food, refreshments and other facilities for the effectiveness of the night work.
Labour Code Art.140(3)

Compensation

Night work shall be paid with a premium rate agreed upon by the parties, but not less than the amount set by Ministerial Order.
Labour Code Art.261

Workers' health

Employees who perform night work (including workers who work in shifts which include night work shifts) are permitted to do so only after a medical examination, the costs of which shall be borne by the employer.
Following such examination, employees performing night work are subject to periodic medical check ups.
Labour Code 140(5), 140a(2)(3)

Transfers

When the health authority finds that the health of the employee has deteriorated due to night-time work, he/she shall be transferred to a suitable day-time work or another workplace.
Labour Code Art.140a(4)

Special categories


Young workers

Night work is prohibited for employees under 18 years old.
For young workers "night-time" shall mean the interval of time between 8 p.m. and 6 a.m.
Labour Code Art.140(2)(4)

Pregnant workers/recent birth

Night work is prohibited for pregnant employees.
Labour Code Art.140(4)

Parents

Night work shall be prohibited for mothers of children up to six years old, as well as for mothers who take care of disabled children irrespective of their age, unless they express their written consent.
Labour Code Art.140(4)

SHIFT WORK


Criteria for shift work

Where the nature of the production process so requires, the work in the enterprise shall be organized in two or more shifts.

A work shift is mixed where it includes day and night. A mixed work shift with 4 or more hours of night work shall be deemed a night shift and shall have the duration of a night shift, and if it covers less than 4 hours of night work, it shall be deemed a day shift and shall have the duration of a day shift.
Labour Code Art.141(1)(2)

Limits

It is prohibited to assign work for two consecutive work shifts.
Labour Code Art.141(5)

Daily hours limit

The maximum duration of a work shift under a summarized calculation of working hours can be up to 12 hours.
Labour Code Art.142(4)

Weekly limit

The maximum duration of shift work under an summarized calculation of working hours shall not be more than 56 hours per week.
Labour Code Art.142(4)

Schedule

The rotation of shifts in the enterprise shall be specified by the internal rules.
Labour Code Art.141(3)

ON-CALL WORK

Relevant provisions have been not identified.

FLEXITIME


Criteria

In enterprises where organization of work allows flexible working hours may be established. The time during which the employee must be at work in the enterprise, as well as the manner of accounting for it, shall be specified by the employer. Outside the time of his compulsory presence, the employee may determine the beginning of his working hours himself.
Labour Code Art.139(2)

CASUAL WORK

Relevant provisions have been not identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

Specific provisions on short-time work have been not identified.
Neither the employer nor the employee may change unilaterally the content of the employment relationship. It may be changed by written agreement between the parties for a definite or indefinite period.
Labour Code Art.118, 119

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

In order to allow for the transition from full to part-time or vice versa, the employer shall take into account, if possible, the requests of employees to work part-time or as a part-time worker full-time.
Labour Code Art.138a(3)

Right to information

In order to facilitate the transition from part-time to full time work or vice versa, the employer shall promptly provide written information to employees about job vacancies.
Labour Code Art.138a(1)

INFORMATION & CONSULTATION


Information

The labour contract shall define the nature of the work, the length of the annual leave, and the length of the working day or week, among other terms of employment.

The employer shall provide written and detailed information about vacant positions with part-time and full-time working hours, at all levels of the enterprise.
Art. 66,130

Results generated on: 28th March 2024 at 22:37:35.
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