Law On Labour Migration And Labour Mobility

Original Language Title: Закон за трудовата миграция и трудовата мобилност

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15672/

Name of the law, law on labor migration and labour mobility Name of Bill Bill on labour migration and labour mobility adoption date 13/04/2016 number/year Official Gazette 33/2016 Decree No 107

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for labour migration and labour mobility, adopted by the National Assembly of the HLÌÌI 13 April 2016.

Issued in Sofia on 19 April 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Catherine Dana

LAW

for labour migration and labour mobility

Chapter one

GENERAL

Art. 1. (1) this Act regulates:

1. the regulation of access to the labour market of workers who are nationals of third countries, including the conduct of the business of freelance;

2. implementation of the right to free movement in the Republic of Bulgaria for workers who are nationals of another Member State of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland;

3. employment of Bulgarian citizens in their free movement within the European Union and the European economic area;

4. bilateral regulation of employment with third countries – both of Bulgarian citizens in their territory and of their nationals in the Republic of Bulgaria.

(2) the conditions and the order in which workers who are nationals of third countries and members of their families, as well as third country nationals – members of the family of Bulgarian citizens may enter, reside and to leave the Republic of Bulgaria, shall be determined by the law on foreigners in the Republic of Bulgaria.

(3) the terms and conditions under which nationals of other Member States of the European Union and members of their families, as well as the citizens of the Member countries of the agreement on the European economic area or Switzerland, the Swiss and members of their families shall enter, reside and leave the Republic of Bulgaria, shall be determined by the law on the entry, residence and departure of the Republic of Bulgaria of the citizens of the European Union and members of their families.

Art. 2. In the exercise of the rights and obligations under this law shall not be allowed direct or indirect discrimination, privileges or restrictions based on nationality, origin, ethnicity, personal situation, gender, sexual orientation, race, age, political or religious beliefs, membership in Trade Union and other public organizations and movements, family, social and material status and presence of mentally and physically disabled.

Art. 3. (1) the policy on the free movement of workers, labour migration and integration of foreigners is carried out in cooperation and in consultation with the representative organizations at the national level of employers and employees, as well as representatives of other non-profit organizations, registered pursuant to chapter three of the law of non-profit legal entities.

(2) the Minister of labour and social policy after consulting the National Council on labour migration and labour mobility may impose restrictions on the access of workers who are nationals of third countries, to the labour market, including the highly skilled and the persons operating freelance, according to the State development and public interests in the labour market.

(3) cooperation and consultation under paragraph 1. 1 and 2 shall be carried out by the National Council for labour migration and labour mobility.

Art. 4. (1) to the Minister of labour and social policy has set up a National Council for labour migration and labour mobility.

(2) the National Council for labour migration and labour mobility are composed of an equal number of representatives of organisations representing employers and employees at the national level, of representatives of the ministries, agencies, committees, and local self-government bodies.

(3) in the composition of the Council under paragraph 1. 2 may be invited to participate and representatives of international organizations and non-profit organizations engaged in activities in the field of labour migration, labour mobility and the integration of foreigners.

(4) the President of the National Council on labour migration and labour mobility is the Minister of labour and social policy.

(5) the composition, organization and activities of the National Council on labour migration and labour mobility are determined by the regulation for implementation of the law.

Chapter two

LABOUR MIGRATION FROM THIRD COUNTRIES

Section I

General provisions

Art. 5. (1) A national of a third country shall be permitted access to the labour market, where:

1. There is a contract of employment with a local employer;

2. is posted or sent within the framework of the provision of services on the territory of the Republic of Bulgaria;

3. has moved the internal transfer;

4. carry on business as a freelancer.

(2) in applying for initial access to the labour market, as well as for access after the period provided for in art. 7, para. 5 the alien resides outside the territory of the Republic of Bulgaria.

(3) the conditions and procedures for the admission of posted or sent employees from third countries in the Republic of Bulgaria within the framework of the provision of services shall be determined by an Ordinance of the Council of Ministers.

Art. 6. Labour and social security relations of workers who are nationals of third countries employed by local employers, as well as operating on a freelance basis are governed under the conditions and by the order of the national labor and employment law.

Art. 7. (1) access to the labour market of workers who are nationals of third countries shall be authorised for the occupation of posts for which Bulgarian citizenship is not required:

1. in accordance with the status, development and public interests of the Bulgarian labor market after a preliminary study carried out by the employer in the labour market;

2. provided that, in the previous 12 months, the total number of third country nationals, working for a local employer, shall not exceed 10 per cent of the number of srednospis″čnata employees in an employment relationship, Bulgarian nationals, nationals of other Member States of the European Union, of the countries – parties to the agreement on the European economic area or Switzerland, the Swiss and the persons under art. 9, para. 1, 2-6;

3. where the conditions of work and pay are not less favourable than the conditions for Bulgarian citizens for the corresponding category;

4. where the third country has specialized knowledge, skills and experience required for the position.

(2) Workers who are nationals of a third State, with authorized access to the labour market can work with an employment relationship or as posted in the framework of the provision of services on the territory of the Republic of Bulgaria – only for specific legal or natural person and those referred to in the authorization issued by the competent authorities, place, and term of Office work.

(3) the Executive Director of the employment agency provides written decision within 30 days of submission of the application for the authorisation of access to the labour market under para. 1 the workers who are nationals of third countries.

(4) the duration of permits access to the labour market under para. 1 for the duration of the contract with a local employer, but for not more than 12 months.

(5) the decision on para. 3 may be extended to three years, when the terms of his original grant are not modified.

(6) an employment agency provides information on all the documents necessary for submitting an application for provision of the decision on para. 3, including the attendant rights and obligations for workers – national of a third State.

(7) the documents necessary for the provision of the decision on para. 3 shall be submitted by the employer in an employment agency.

(8) for the grant or extension of the decision on para. 3 the employer shall submit a fee $ 400.

(9) the procedure for the exercise of a regulated profession in the Republic of Bulgaria of third-country nationals in employment relationship or as self-employed persons shall be determined in accordance with the law for the recognition of professional qualifications.

(10) the conditions and procedures for the granting, extension, refusal or cancellation of the decision on para. 3, as well as the conditions for the survey, under para. 1 paragraph 1 shall be determined by the regulation for implementation of the law.

(11) the procedure for the issuance, renewal, refusal and revocation of residence and work permits are determined by the regulation for implementation of the law on foreigners in the Republic of Bulgaria (promulgated, SG. 51 from 2011; amend., SG. 41, 62 and 110 by 2013, 60 and 61 by 2014 and 40 and 57 by 2015).

Art. 8. (1) the right of access to the labour market have no workers, third-country nationals who:

1. have a short-stay visa to the Republic of Bulgaria;

2. have a long-term residence permit in the Republic of Bulgaria pursuant to art. 24, para. 1, 2, 6, 8, 10, 14, 16, 19 and 20 and article. 24 c of the Law on foreigners in the Republic of Bulgaria.

(2) the right of access to the labour market on grounds other than those referred to in paragraph 1. 1 can receive workers who are nationals of third countries who are legally resident in the territory of the Republic of Bulgaria when:

1. persons of Bulgarian origin – to obtain a permanent residence permit;

2. persons who worked in the previous period, prior to the filing of the request for access to the labour market, under the terms of an international treaty in which the Republic of Bulgaria is a party;

3. persons who worked without a work permit under the conditions of art. 9, para. 3 – with continued employment over three months;

4. the members of the family of the long-term resident in the Republic of Bulgaria alien – a third-country national.


Art. 9. (1) No authorization is required under art. 7, para. 3 for workers who are nationals of third countries:

1. referred to in art. 88 of the code of commercial navigation;

2. permission for long-term or permanent residence in the Republic of Bulgaria and the members of their families;

3. granted asylum or international protection in the Republic of Bulgaria in accordance with the law on asylum and refugees;

4. for which this is provided for in an international treaty, in which the Republic of Bulgaria is a party;

5. who are members of a family of Bulgarian citizens;

6. who are the members of the family of a national of a Member State of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland which, by virtue of the international treaties concluded with the European Union have the right to free movement;

7. who are accredited as members of the foreign diplomatic, consular and commercial representations and the representations of international organisations in the Republic of Bulgaria;

8. officially accredited in the Republic of Bulgaria correspondents of foreign mass media;

9. the beneficiaries of the rights under art. 29, para. 3 of the law on asylum and refugees;

10. seeking asylum or international protection – for employment organized in centers of the State Agency for refugees in the Council of Ministers;

11. enjoying the rights under art. 44A, al. 4 of the law on foreigners in the Republic of Bulgaria – to carry out the expulsion.

(2) employment of family members under para. 1, 2, 5 and 6, as well as of the persons referred to in para. 1, item 9 and 11 shall be declared by order, specified in the regulation for implementation of the law.

(3) the Worker – a third-country national, on secondment to the Republic of Bulgaria from the foreign employer for a period of up to three months within 12 months, you may perform certain tasks without a work permit on the basis of a one-off registration at the employment agency.

(4) the Worker – a third-country national, on secondment to the Republic of Bulgaria from the foreign employer for up to 6 months within 12 months, you may perform certain tasks related to the control and coordination of the implementation of the contract for travel services between the foreign tour operator and Bulgarian tour operator or hotel manager without a work permit, on the basis of a one-off registration at the employment agency.

(5) the terms and conditions of registration under paragraph 1. 3 and 4 are determined by the regulation for implementation of the law.

Art. 10. (1) within 7 days from the date of actual commencement of operation of the third-country national, the employer shall so inform the Executive Agency "General Labour Inspectorate".

(2) upon recruitment or admission of a worker – a third-country national, the employer shall require him to submit a valid residence document, notarized copy of which stored for the duration of the rental or adoption.

(3) the conditions referred to in paragraph 1. 2 are implemented in respect of posted workers from third countries by the local person who trusts them.

(4) upon premature termination of the employment relationship of the worker – national of a third country, or on secondment within the framework of the provision of services, the employer or the person accepted the worker shall notify the employment agency within three days from the date of termination of employment.

Art. 11. (1) the Executive Director of an employment agency refuses to grant the judgment under art. 7, para. 3 where:

1. comply with the provisions of art. 7, para. 1 and 7 and art. 8, al. 1;

2. comply with the procedures laid down by the regulation for implementation of the law;

3. the employer has entered into force criminal Decree in a previous two-year period for use of alien labor, without the right of access to the labour market or for the employment of illegally resident foreigner;

4. the employer in the last three months, on its own initiative, freed from Bulgarian citizens working nationals of Member States of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland, third-country nationals with long-term or permanent residence in the Republic of Bulgaria or assimilated their rights under art. 9, para. 1 2 – 6 of third-country nationals who might be employed at the work place for which the employment of a worker – a third-country national;

5. There are grounds under art. 10 of the law on foreigners in the Republic of Bulgaria;

6. the employer in the previous one year prior to the filing of the application for granting of a decision under art. 7, para. 3 has entered into force the criminal Ordinance under art. 76, para. 1;

7. the employer has filed a notice in an employment agency of mass dismissal of employees from the same categories, occupation and qualification level for which wants to recruit workers who are nationals of third countries, in the preceding 6 months before submission of the application for granting of a decision under art. 7, para. 3;

8. the employer has not fulfilled obligations within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or deferral deferring the obligations or commitments relating to the payment of social security contributions;

9. employer does not carry out an economic activity or activity is terminated by liquidation or bankruptcy;

10. the worker – a third-country national is sanctioned for illegal employment in the preceding five-year period or in accordance with the documents submitted worked illegally in the Republic of Bulgaria in the former residence or at the time of submission of the request;

11. the Minister of labour and social policy has imposed restrictions on the access of third-country nationals to the labour market in accordance with art. 3, al. 2.

(2) paragraph 1, item 1, 2, 3, 5, 6, 7, 8, 9 and 10 shall apply in the case of posting or sending of workers from third countries.

(3) Waivers under para. 1 and 2 may be appealed pursuant to the administrative code.

Art. 12. (1) the right of access to the labour market of a worker – a third-country national may be withdrawn when:

1. it is established that the granting of judgment under art. 7, para. 3 are submitted false data;

2. the supervisory authorities of the Ministry of labour and social policy established that employment of third-country national does not correspond to those set out in the decision under art. 7, para. 3 post, place of work, an employer or a resident, accepted the job of a posted worker or an employee of a third country;

3. the residence permit of the employee – a third-country national is not granted or has been withdrawn by the order of the law on foreigners in the Republic of Bulgaria.

(2) the conditions and procedure for the withdrawal of the right of access to the labour market of a worker – a third-country national shall be determined in the rules for implementation of the law.

Art. 13. (1) it shall not be permitted the employment of illegally staying on the territory of the Republic of Bulgaria of third-country nationals.

(2) in the event that the employer employ illegally resident in the territory of the Republic of Bulgaria national of a third country in violation of the prohibition under para. 1, he owes him the agreed fee, but not less than the minimum wage for the country or for the corresponding economic activity for a period of three months, unless the employer or the employee does not prove another duration of employment. Payment is due and can be searched in the order of the code of civil procedure and after the return of the citizen in the State of habitual residence, including the translation costs of payment.

(3) if the employer fails to pay the obligation under paragraph 1. 2, of the staff whom work illegally residing in the territory of the Republic of Bulgaria a third-country national may bring an action against him, including when he returned or has been returned to the State of habitual residence within three years under the terms of the code of civil procedure.

(4) On the under par. 2 remuneration owed taxes and compulsory social security contributions provided for the employees.

(5) the employer shall bear the costs for the return of illegally resident third-country national.

Art. 14. (1) the Minister of labour and Social Affairs may, in a proven, including, where appropriate, for the promotion of investment in the Republic of Bulgaria, to allow access to the labour market in some cases beyond the limits of art. 7, para. 1, item 2.

(2) the permission under paragraph 1. 1 Minister of labour and social policy requires that the opinions of the relevant State bodies as well as from organisations representing employers and employees at the national level, of creative unions, sports federations and national sport organizations, bodies of local self-government.

(3) an employment agency shall publish on its website up-to-date information under para. 1.

Section Ii

A single work and residence permit

Art. 15. (1) a Single work and residence permit shall be issued by the Ministry of the Interior in accordance with art. 24 and of the law on foreigners in the Republic of Bulgaria and contains the by the Executive Director of an employment agency decision under art. 7, para. 3 for third-country nationals who:

1. apply for a residence permit in order to work;

2. hold a valid residence permit in the territory of the Republic of Bulgaria for purposes other than employment.

(2) the decision on para. 1 shall be provided in compliance with art. 7, para. 1. (3) the decision on para. 1 may be renewed for a period of up to 12 months when there are grounds for its original submission and no break in employment, the total duration may not exceed three years.


(4) for the provision of the decision on para. 1 shall not apply the provisions of art. 7, para. 1, item 1 and 2 to work on:

1. persons of Bulgarian origin, attested by hiring them for the post for which they have the appropriate education or professional qualifications and experience – to obtain a permanent residence permit;

2. foreigners whose employment in the territory of the country stems from the implementation of the international treaties to which the Republic of Bulgaria is a party;

3. guest professors, lecturers and tutors in Bulgarian higher and secondary schools respectively, by decision of the academic councils of universities and the regional inspectorates of the Ministry of education and science;

4. performers within the meaning of art. 74 of the law on copyright and related rights with proven professional competence – after confirmed by the Ministry of culture's interest in hiring them;

5. athletes and coaches in sports clubs when confirmed by the Bulgarian national sports federations and unions interested in hiring them because of their specific personal qualities and a high level of professional knowledge and skills.

(5) access to the labour market of persons referred to in para. 4 may be renewed after expiry of the period of employment under para. 3.

Art. 16. This section does not apply to third-country nationals who are:

1. posted or sent within the framework of the provision of services – for the duration of the posting;

2. received permission for permanent residence for the purposes of internal transfer;

3. cleared for seasonal worker;

4. authorised to carry out the activity of free practice in the Republic of Bulgaria;

5. accepted as researchers for the purposes of conducting a research project under a hosting agreement with a research organisation.

Section III

European Union blue card

Art. 17. (1) the residence permit and work type "EU blue card" is issued by the Ministry of the Interior in accordance with art. 33 k, al. 1 of the law on foreigners in the Republic of Bulgaria and contains the by the Executive Director of an employment agency decision under art. 7, para. 3. (2) the decision on para. 1 shall be provided within 15 days from the filing of the application in accordance with the art. 7, para. 1, item 1, 3 and 4 where:

1. the worker – a third-country national has the necessary competence for the job – acquired higher education, which shall be certified by a diploma, certificate or other document issued by the competent authority, after training with duration of not less than three years conducted by the educational institution, recognized as a higher education institution of the State concerned;

2. the gross wage, referred to in the employment contract of the employee – a third-country national shall be at least 1.5 times the average wage in the Republic of Bulgaria in accordance with the available data for the last 12 months prior to the conclusion of the employment contract.

(3) the decision on para. 1 shall be provided for the duration of the employment contract.

(4) to provide a solution for the exercise of highly qualified employment contract of employment is for a period of not less than 12 months.

Art. 18. (1) the requirements of art. 7, para. 1, paragraphs 1 and 2 shall not apply to the provision of decision under art. 17, al. 1 to pursue the employment of highly skilled worker – a third-country national, in Office from a single group of occupations of the national classification of occupations and posts included in the List of professions for which there is a shortage of highly qualified specialists.

(2) the list under para. 1 shall be approved by the Minister of labour and social policy on the basis of a reasoned proposal of the national representative organizations of the employers and after discussion in the National Council for labour migration and labour mobility and the National Council for the promotion of employment. The list can be updated each year by 31 January.

(3) the decision on the exercise of highly qualified employment under para. shall be issued in compliance with the art. 17, al. 2, paragraph 1, when the gross wage, referred to in the employment contract of the employee – a third-country national is at least two times higher than the average wage in the Republic of Bulgaria in accordance with the available data for the last 12 months before the conclusion of the employment contract.

Art. 19. The members of the family of the holder of the EU blue card shall be entitled to work in the employment relationship and to operate on a freelance basis in the territory of the Republic of Bulgaria for the period of residence of the holder ù in compliance with the requirements of art. 33 k, al. 3 of the law on foreigners in the Republic of Bulgaria with the decision of the Executive Director of an employment agency for access to the labour market in accordance with this law.

Art. 20. (1) during the first two years of highly qualified employment, holder of the EU blue card can pursue activities corresponding to the conditions under which he was awarded the European Union blue card, only in the territory of the Republic of Bulgaria.

 (2) The period referred to in para. 1 the holder of the EU blue card can change your employer only after receipt of the written decision by the employment agency under the conditions and in accordance with procedures laid down by the regulation for implementation of the law.

Art. 21. (1) in the event that remain out of work, the holder of the EU blue card shall be entitled within a period of three months to seek and to begin the work in compliance with the requirements of art. 20, para. 2.

(2) in the event of circumstances under para. 1 the holder of the EU blue card shall be registered at the employment agency within 7 working days and can use mediation services for employment in accordance with the law on promoting employment.

(3) to obtain a decision on the change of employer fact under para. 1 is not the basis of an employment agency to propose the withdrawal of the blue map of the European Union.

(4) the right referred to in paragraph 1. 1 may be used only once within the period of validity of the EU blue card.

(5) have not been complied with the provisions of paragraph 6. 4, employment agency shall prepare a reasoned proposal to the Ministry of the Interior for withdrawal or non-renewal of the EU blue card.

Art. 22. The third-country national violated the requirements of art. 20 and 21, may be taken from the blue map of the European Union or to be denied its renewal pursuant to the law on foreigners in the Republic of Bulgaria and the regulation for its implementation.

Art. 23. This section does not apply to third-country nationals who are:

1. adopted by researchers for the purposes of conducting a research project under a hosting agreement with a research organisation;

2. posted or sent in the framework of the provision of services;

3. cleared for seasonal worker;

4. authorised to carry out the activity of free practice in the Republic of Bulgaria.

Section IV

Seasonal employment

Art. 24. (1) the permit for seasonal worker shall be issued by the Ministry of the Interior in accordance with art. 24 k of the law on foreigners in the Republic of Bulgaria and contains the by the Executive Director of an employment agency decision under art. 7, para. 3.

(2) the decision on para. shall be issued within 15 days from the filing of the application for seasonal work for a period of 90 days to 9 months within the calendar year.

(3) seasonal work within 90 days in accordance with art. 24 (l) of the law on foreigners in the Republic of Bulgaria shall be registered by the employment agency on the basis of the statement submitted by the employer.

Art. 25. (1) the Minister of labour and Social Affairs shall establish the list of economic sectors, including the activities, the implementation of which depends on the change of seasons.

(2) the list under para. 1 shall be prepared after consultation once in the National Council for labour migration and labour mobility, and to him shall be notified to the European Commission.

(3) in the event of a change in the economic sectors the list under para. 1 may be amended in accordance with para. 2, which shall be notified to the European Commission.

(4) a decision under art. 24, para. 1 shall only be granted for activities included in the list under para. 1 by failing to apply the provisions of article 2. 7, para. 1, item 1 and 2.

Art. 26. When the application for granting of a decision under art. 24, para. 1 be rejected for reasons attributable to the employer, he owes the citizen of a third State compensation in accordance with the Bulgarian legislation.

Art. 27. (1) the transport costs from the place of origin of the seasonal worker to the workplace in the Republic of Bulgaria shall be borne by the employer. The employer shall bear the costs and in the opposite direction.

(2) on account of the employer's compulsory health insurance and providing a seasonal worker.

(3) the costs referred to in paragraph 1. 1 and 2 shall not be reimbursed to the employer by the seasonal worker and cannot be deducted from the remuneration.

Art. 28. (1) the employer shall submit to the Agency the evidence that the employment of a seasonal worker will be provided as appropriate, corresponding to all the requirements for health and safety, housing up to expiry of the term of the contract.

(2) the dwelling under para. 1 shall be provided by the employer or provides his assistance.

(3) for the use of the seasonal worker signed a lease.

(4) the rental price of the dwelling under para. 1 is consistent with the salary of its seasonal worker remuneration and with the quality of the dwelling and not withdrawn shall be automatically deducted from the remuneration of seasonal worker.

(5) the employer shall notify the employment agency of any change of circumstances under para. 1-4.

(6) upon checking the circumstances under para. 1-4 the Executive Agency "General Labour Inspectorate" has a right of access to the dwelling of the seasonal worker with his consent.

Art. 29. in the cases under art. 24 k, al. 7 of the law on foreigners in the Republic of Bulgaria the seasonal worker may continue to work for the same employer or change it after the decision of the Executive Director of the employment agency.


Art. 30. This section does not apply to third-country nationals who: 1. carry out activities on behalf of undertakings established in another Member State in the framework of the provision of services within the meaning of art. 56 of the Treaty on the functioning of the European Union, including when they are seconded by undertakings established in a Member State of the European Union;

2. together with the members of their families and regardless of nationality, shall exercise their right to free movement in the European Union and the European economic area;

3. are accepted as researchers for the purposes of conducting a research project under a hosting agreement with a research organisation;

4. are authorised to carry out the activity on a freelance basis in the Republic of Bulgaria.

Section V

Internal corporate shuttle

Art. 31. (1) the authorization of a person to transfer internal moved, with the right of permanent residence shall be issued by the Ministry of the Interior in accordance with art. 33 p of the law on foreigners in the Republic of Bulgaria and contains a permit by the Executive Director of an employment agency decision under art. 7, para. 3.

(2) upon provision of the decision on para. 1 shall not apply the provisions of art. 7, para. 1, item 1 and 2.

(3) the decision on para. 1 entitles the worker – national of a third country, to carry out work on the territory of the Republic of Bulgaria for only specific host enterprise or group of enterprises and only for the posts – Manager, specialist or officer-trainee.

(4) the receiving enterprise shall inform the employment agency of any change relating to the procedure for the provision of the decision on para. 1.

Art. 32. (1) the working conditions for workers who are nationals of third countries, moved to internal corporate shuttle, are governed under the conditions and by the order of posted or sent employees within the framework of the provision of services on the territory of the Republic of Bulgaria.

(2) the worker – a third-country national may engage in employment in the territory of the Republic of Bulgaria on the basis of a permanent residence permit for the purposes of internal corporate shuttle service for up to:

1. three years ago – for workers such as managers and specialists;

2. one year-for those working as employees — interns.

Art. 33. The members of the family of a person with internal corporate shuttle, moved to have the right to work in an employment relationship and to operate on a freelance basis in the territory of the Republic of Bulgaria for the period of residence of the person moved in internal corporate shuttle service, subject to the requirements of art. 33 p of the law on foreigners in the Republic of Bulgaria, by decision of the Executive Director of an employment agency for access to the labour market in accordance with this law.

Art. 34. the Executive Director of an employment agency refuses to grant the judgment under art. 31, para. 1, when from the documents presented show that the host company is created with the sole purpose to facilitate the relocation of workers who are nationals of third countries, for the purposes of internal corporate shuttle.

Art. 35. This section does not apply to third-country nationals who:

1. apply for permission to stay and work as researchers;

2. exercise their right to free movement in the European Union and the European economic area;

3. are posted or sent within the framework of the provision of services;

4. are authorised to carry out the activity on a freelance basis in the Republic of Bulgaria;

5. are accepted in full-time training in high school or pass a short-term practical training as part of the training;

6. are employed by companies that provide temporary work, or by other undertakings providing workers to perform work under the supervision and guidance of another undertaking;

7. are accepted as researchers for the purposes of conducting a research project under a hosting agreement with a research organisation.

Section VI

Employment of researchers, students and trainees

Art. 36. (1) the third-country nationals who are accepted as researchers for the purposes of conducting a research project under a hosting agreement with a research organisation, pursuing employment in the territory of the Republic of Bulgaria without a work permit – for the period of the duration of the project.

(2) the cases referred to in para. 1 register at an employment agency from the host research organisation.

Art. 37. The members of the family of a third-country national – researcher, have the right to work in an employment relationship and to operate on a freelance basis in the territory of the Republic of Bulgaria for the period of residence of the researcher, in compliance with the requirements of art. 24 (b), para. 7 of the law on foreigners in the Republic of Bulgaria, by decision of the Executive Director of an employment agency for access to the labour market in accordance with this law.

Art. 38. (1) the third-country nationals who are students in full-time training in higher education in the Republic of Bulgaria may pursue short-term employment after registration by the employer in the employment agency within 7 days of beginning ù, in compliance with the requirements of art. 24 c of the Law on foreigners in the Republic of Bulgaria:

1. up to 20 hours a week during the school year, and

2. during the official reported the higher school vacations.

(2) paragraph 1 shall apply also to employment within 6 months within 12 months in connection with the conduct of academic practice, directly related to the subject matter of the training of students in the Al. 1.

Art. 39. rules for registration under this section shall be determined by the regulation for implementation of the law.

Section VII

Work permit

Art. 40. (1) the Executive Director of an employment agency issued a work permit at the request of a local employer or local person accepting to work on secondment or sent to an employee of a third country on the basis of which shall be issued by the Interior Ministry permission for permanent residence in accordance with art. 24, para. 1, item 1 of the law on foreigners in the Republic of Bulgaria.

(2) the work permit under paragraph 1. shall be issued for:

1. posted or sent employees who are nationals of third countries, in the framework of the provision of services on the territory of the Republic of Bulgaria;

2. the members of the family of a third-country national authorised to have permanent residence on the grounds of art. 24, para. 1, item 13 of the law on foreigners in the Republic of Bulgaria;

3. other cases for the purpose of employment of third-country nationals not covered by this chapter.

(3) the work permit under paragraph 1. shall be issued in compliance with the art. 7, para. 1, item 4 within 30 days after the expiry of the time limit under art. 7, para. 3 in a form approved by the Minister of labour and social policy.

(4) the procedure for the issuance, refusal and revocation of work permits for third-country nationals in the Republic of Bulgaria shall be determined by the regulation for implementation of the law.

Art. 41. (1) the work permit under art. 40, para. shall be issued for a period of up to one year.

(2) the period referred to in para. 1 for workers with an employment relationship may be renewed, if you don't have dropped conditions for initial release.

(3) the time limit referred to in paragraph 1. 1 for posted or sent employees may be extended in exceptional cases by up to 12 months, if the activity requires exceeding the originally declared duration.

(4) for the issue and extension of the authorisation, the employer or the person receiving the local business persons under art. 40, para. 2, paragraphs 1 and 2 shall submit the fee under art. 7, para. 8.

(5) for the reissue of the authorization under art. 40, para. 1 due to loss, damage to or destruction of documents payable fee $ 200.

Art. 42. the Executive Director of an employment agency refuses to grant or continue the authorization under art. 40, para. 1, when:

1. There are grounds under art. 11;

2. do not fulfil the requirements laid down in other regulations for the exercise of the profession of a foreigner in the country;

3. the worker – national of a third country, subject to restrictions on issuing visas and entry into the country on the grounds of art. 10 of the law on foreigners in the Republic of Bulgaria.

Art. 43. (1) the authorization under art. 40, para. 1 shall be withdrawn by decision of the Executive Director of the employment agency, where:

1. it is established that the issue of the authorisation are submitted false data;

2. the supervisory authorities of the Ministry of labour and social policy, establish that the employment of the worker – a third-country national does not correspond to those set out in the permit Office, place of work, the employer or the person accepting to work on secondment an employee from a third country;

3. the residence permit of the employee – a citizen of a third State in the country is not issued or revoked by the order of the law on foreigners in the Republic of Bulgaria;

4. the worker – national of a third country, subject to restrictions on issuing visas and entry into the country on the grounds of art. 10 of the law on foreigners in the Republic of Bulgaria.

(2) For a work permit revoked under para. 1, item 1 and 2 employment agency shall notify the citizen of a third State, the Ministry of the Interior, the Ministry of Foreign Affairs and the State Agency for national security.

(3) within three days of notification under paragraph 1. 2 the third country is required to return the work permit in an employment agency.

(4) the decision to issue a work permit shall be revoked if the fee for the issuance of the permit is not paid within one month of receipt of the notification.

Section VIII

Permission to carry out the business of freelancing


Art. 44. (1) the Executive Director of an employment agency shall issue permission to perform freelance activity by a third country on presentation of a detailed plan of operations for the duration of the authorisation on the basis of which shall be issued by the Ministry of Internal Affairs permission for permanent residence or long-term residence visa in accordance with art. 24 a of the Law on foreigners in the Republic of Bulgaria.

(2) the authorisation to carry out the activity of freelance under para. shall be issued within 30 days after the expiry of the time limit under art. 7, para. 3 in a form approved by the Minister of labour and social policy, in compliance with art. 7, para. 1, paragraphs 1 and 4.

(3) the procedure for the issuance, refusal and revocation of permission to perform freelance activity of third-country nationals in the Republic of Bulgaria shall be determined by the regulation for implementation of the law.

Art. 45. (1) the authorisation to carry out the activity of freelance art. 44, para. shall be issued for a period of up to one year.

(2) the period referred to in para. 1 may be extended, if you don't have dropped conditions for the first issue.

(3) for the issue and extension of the authorisation, the applicant shall submit the application fee under art. 7, para. 8.

(4) for the reissue of the authorization under art. 44, para. 1 due to loss, damage to or destruction of documents payable fee $ 200.

Art. 46. (1) any change in the personal data and the circumstances, declared in the application to carry out the activity of freelance and in the attached documents, occurred after the commencement of the activity must be requested by a citizen of a third country to the employment agency within 7 days from the occurrence of the change.

(2) the Executive Director of an employment agency approves changes to the plan, in the event that it will not adversely affect on their operations and on the commitments made by the citizen of a third State in it.

(3) for the duration of the initial authorization to carry out the business of freelancing may not be a change in the subject-matter of the work.

(4) the third-country national who falls in a temporary difficulty or inability to carry out the activity of the Freelancer shall notify within 7 days employment agency.

Art. 47. Issue or extension of a freelance activity by nationals of third countries shall be refused in the following cases:

1. the third country is not filed the necessary documents;

2. the submitted plan of action or report for its implementation are not justified or not is a proven economic or social effect;

3. from the documents submitted that the third-country intends to undertake employment;

4. the third country has filed documents before the expiry of 12 months from the date of the withdrawal of a previous permission to carry out the activity of freelance;

5. the third country has not fulfilled its obligations under the code of social security and tax obligations;

6. the citizen of a third country subject to restrictions on issuing visas and entry into the country on the grounds of art. 10 of the law on foreigners in the Republic of Bulgaria.

Art. 48. (1) the authorisation to perform freelance activity by a third-country national shall be withdrawn by decision of the Executive Director of the employment agency, where:

1. it is established that the authorisation for the third country has stated false personal information or has not informed the employment agency for change under art. 46, para. 1 and 2 in 7-days term from occurrence of the change;

2. the Executive Director of an employment agency not approve the change under art. 46, para. (2);

3. the third-country becoming insolvent;

4. within the last 12 months the difficulties or inability to carry out the activity continue more than:

a) three months, if the third country is engaged in freelance activity on the territory of the Republic of Bulgaria less than two years;

(b)) 6 months, if the third country is engaged in freelance activity on the territory of the Republic of Bulgaria two years or more;

5. the supervisory authorities of the Ministry of labour and social policy established rude or systematic violation of labour legislation in respect of employees in the performance of the activity;

6. the citizen of a third State was imposed compulsory administrative measure under the law on foreigners in the Republic of Bulgaria;

7. the residence permit of the alien in the country is not issued or revoked by the order of the law on foreigners in the Republic of Bulgaria.

(2) for the withdrawn permission to perform freelance activity in al. 1, item 1-6 employment agency shall notify the citizen of a third State, the Ministry of the Interior, the Ministry of Foreign Affairs and the State Agency for national security.

(3) within three days of notification under paragraph 1. 2 the third-country returns authorisation to carry out the activity of freelance employment agency.

(4) the decision granting permission to perform freelance activity shall be repealed if the fee for the issuance of the permit is not paid within one month of receipt of the notification.

Chapter three

EQUAL TREATMENT

Art. 49. (1) the nationals of another Member State of the European Union, of a State party to the agreement on the European economic area or Switzerland, the Swiss, who have exercised their right to free movement, in his residence in the Republic of Bulgaria have all rights and obligations under Bulgarian law and the international treaties to which the Republic of Bulgaria is a party, with the exception of those for which Bulgarian citizenship is required.

(2) the third-country nationals, holders of a single work and residence permit, the EU blue card and a permit for seasonal worker of the Bulgarian citizens are equal in respect of:

1. access to information on vacant jobs;

2. the use of mediation information and recruitment;

3. the conditions of work, including in terms of pay, working hours and breaks, the termination of the employment relationship, the minimum age for starting work, participation in collective bargaining;

4. safety and health at work;

5. the conditions of access, the subjugation of obligations and use of social security rights in the framework of European Union law;

6. access to goods and services, including public;

7. education and vocational training;

8. recognition of diplomas for completed education;

9. the recognition of certificates and other evidence of formal qualifications in accordance with the law for the recognition of professional qualifications;

10. payments of acquired statutory pensions for old age, disability and death related to revenue and in previous employment, the rate applicable under the law of the Member State or Member States – debtors when moving to a third country, without prejudice to the provisions of Regulation (EC) no 1231/2010 of the European Parliament and of the Council of 24 November 2010 to extend the scope of Regulation (EC) No 883/2004 and Regulation (EC) no 987/2009 to nationals of third countries which are not yet covered by these regulations solely on the ground of their nationality (OJ L 344/1 dated 29 December 2010), as well as of existing bilateral agreements with third countries; the same shall apply in respect of their survivors payments for spouses;

11. freedom of Association, affiliation and membership in organisations of employees or employers, as well as in professional and professional organisations, including in terms of the privileges of such membership, except by virtue of a law, statute or another normative Act require Bulgarian citizenship, without prejudice to public order and public security;

12. rights of use for tax relief under the conditions and pursuant to the law on taxes on the income of natural persons.

(3) the scope of para. 2, item 5 does not include family allowances and unemployment benefits, where authorization is issued for employment lasting up to nine months.

(4) the conditions referred to in paragraph 1. 2 shall not prevent the imposition of measures of administrative coercion under Chapter 5 of the Aliens Act in the Republic of Bulgaria.

Art. 50. (1) the rights under art. 49, para. 2 enjoy and third-country nationals with long-term or permanent residence in the Republic of Bulgaria in accordance with the law on foreigners in the Republic of Bulgaria.

(2) when using the right under art. 49, para. 2, s. 7 includes access to scholarships provided for Bulgarian citizens.

Art. 51. (1) the rights under art. 49, para. 2 benefit and members of families of blue card holders of the European Union, who have their habitual residence in the territory of the Republic of Bulgaria.

(2) when moving to another Member State of the European Union, the enjoyment of the rights under art. 49, para. 2, item 1 – 5 is suspended after receiving a European Union blue card or residence permit of the next Member State or at the expiry of the period of residence in Bulgaria.

Art. 52. (1) seasonal worker shall benefit from their rights under art. 49, para. 2, item 7 only in respect of seasonal work, for which it has been authorised pursuant to section IV.

(2) tax benefits under art. 49, para. 2, point 12 shall not apply in cases where the registered or usual residence of the members of the family of a seasonal worker, for which he filed the Declaration for the application of exemptions, is outside the territory of the Republic of Bulgaria.


Art. 53. (1) in respect of the terms and conditions of employment in the Republic of Bulgaria – workers of third-country nationals, moved to internal corporate shuttle, enjoy the right to equal treatment of posted workers and employees in the framework of the provision of services.

(2) nationals of third countries referred to in paragraph 1. 1 of the Bulgarian citizens are equal with regard to rights under art. 49, para. 2, item 4 – 10.

Art. 54. (1) the rights under art. 49, para. 2, item 3-9 qualify and foreigners granted permanent residence as research workers under art. 24 (b) of the law on foreigners in the Republic of Bulgaria.

(2) the rights under art. 49, para. 2, item 3-9 qualify and foreigners received work permit or permission to carry out the business of freelancing.

(3) equal treatment of posted workers and employees shall be determined by the Ordinance under art. 5, al. 2.

Chapter four

JOB MOBILITY IN THE EUROPEAN UNION

Art. 55. (1) the right to free movement of Bulgarian workers within the European Union, the European economic area or Switzerland the Swiss, as well as the workers who are nationals of another Member State of the European Union, a State party to the agreement on the European economic area or Switzerland, the Swiss, in the territory of the Republic of Bulgaria is guaranteed by art. 45 of the Treaty on the functioning of the European Union and shall be made in accordance with Regulation (EC) No 492/2011 of the European Parliament and of the Council of 5 April 2011, on freedom of movement for workers within the Union (OJ L 141/1 of 27 May 2011).

(2) the nationals of another Member State of the European Union, of a State party to the agreement on the European economic area or Switzerland, the Swiss, who have exercised their right to free movement in Bulgaria, may seek protection under a lawful order in cases in which:

1. damaged as a result of unjustified restrictions and obstacles to exercising their right to free movement;

2. affected by non-compliance with the principle of equal treatment to them, even after the relationship in which it is alleged that the restrictions have arisen obstacle or discrimination, is discontinued.

(3) for the implementation of the rights of persons referred to in para. 1 the Ministry of labour and social policy and employment agency shall cooperate with the relevant government institutions of the other Member States of the European Union, of the countries – parties to the agreement on the European economic area or the Swiss Switzerland.

Art. 56. (1) the Ministry of labour and social policy planning, coordination and through the employment agency carries out its activities for the promotion, analysis, monitoring and support of equal treatment of workers from the European Union and members of their families exercising their right to free movement.

(2) the employment agency provides timely clear, free, readily available, detailed and up-to-date information on all rights and obligations in relation to the free movement of workers of more than one of the official languages of the institutions of the European Union.

Art. 57. All matters relating to the exercise of the right of free movement of workers, are discussed in the National Council for labour migration and labour mobility.

Art. 58. (1) the terms and conditions of posting of workers and officials of Member States of the European Union, of the member parties to the agreement on the European economic area or from the Swiss Switzerland shall be determined by an Ordinance of the Council of Ministers.

(2) the conditions and procedure for the exercise of a regulated profession in the Republic of Bulgaria by nationals of Member States of the European Union, of the member parties to the agreement on the European economic area or Switzerland the Swiss with an employment relationship or as self-employed persons shall be determined in accordance with the law for the recognition of professional qualifications.

Art. 59. (1) the Bulgarian citizens and nationals of another Member State of the European Union, of a State party to the agreement on the European economic area or Switzerland, the Swiss, who have exercised the right of free movement on the territory of the Republic of Bulgaria may use mediation services for employment in accordance with the law on promoting employment.

 (2) the conditions and procedures for carrying out the placement of the work in other countries by the persons under art. 27, al. 2, item 2 and 3 of the Act on promotion of employment shall be determined by the Ordinance under art. 28, para. 8 of the same law.

Chapter five

BILATERAL REGULATION OF EMPLOYMENT WITH THIRD COUNTRIES

Art. 60. Bulgarian citizens under this law may work in another State in accordance with national legislation and/or ù under conditions and in accordance with procedures regulated by an international treaty for the exchange of labour, in which the Republic of Bulgaria is a party:

1. by contract with the employer by the State through an intermediary within the meaning of the Act on promotion of employment;

2. being seconded by his employer;

3. in terms of internal transfer to a third country.

Art. 61. employers and intermediaries under art. 60 cannot negotiate for Bulgarian citizens working conditions and wages below the minimum for the host country in accordance with national legislation, ù.

Art. 62. (1) the Minister of labour and social policy, negotiate and conclude, on the basis of a decision of the Council of Ministers international treaties regulating labour migration with third countries as well as in the field of employment.

(2) Contracts under para. 1 may be concluded with third countries where there is mutual interest and taking into account the development of European Union policy towards third countries, as well as the Pan-European initiatives, to which the Republic of Bulgaria has acceded.

(3) to guarantee the social rights of employees by both Contracting Parties treaties under para. 1 priority shall be concluded with countries with which it has concluded or is negotiating to conclude bilateral agreements on social security.

(4) the Minister of labour and social policy provides guidance on the application of international treaties in the field of employment, in which the Republic of Bulgaria is a party, if not otherwise specified.

Chapter six

OFFICES OF LABOUR AND SOCIAL AFFAIRS

Art. 63. the Ministry of labour and Social Affairs shall cooperate with the relevant institutions of other countries in the field of labour and social security relations on:

1. the national labor and employment law and legislation on the employment of foreigners;

2. Bulgarian citizens employed on the territory of the State concerned and employed nationals on the territory of the Republic of Bulgaria;

3. the violation of the terms and conditions of employment, including in the mediation and in bilateral contracts for employment and regulate labour migration;

4. the cases of illegally performing work activity and abuse the social rights of Bulgarian citizens in the territory of the State concerned and the citizens of the State concerned to the territory of the Republic of Bulgaria.

Art. 64. (1) for the implementation of activities under art. 63 and for the protection of the rights of Bulgarian workers in other countries, the Ministry of labour and social policy maintain and develop the network of employment and Social Affairs in the foreign representations of the Republic of Bulgaria.

(2) the services under para. 1 shall disclose, on the proposal of the Minister of labour and social policy after consultation with the Minister of Foreign Affairs.

(3) in the Al. 1 work long-term employees seconded to the Ministry of labour and social policy with temporary diplomatic status in accordance with the law on diplomatic service specified after the contest under conditions and in accordance with procedures laid down in the rules for the application of this law.

(4) in the implementation of specific activities services under para. 1 guided by the Minister of labour and social policy in consultation with the Minister of Foreign Affairs.

(5) the conditions and procedures for the implementation of the activities of the labour and Social Affairs shall be established by an act of the Minister of labour and social policy after consultation with the Minister of Foreign Affairs.

Chapter seven

STATISTICS

Art. 65. (1) the Republic of Bulgaria provides the European Commission statistics on the number of workers who are nationals of third countries authorised access to the labour market for the first time, and on the number of third-country nationals whose permission is extended or withdrawn. Data is provided in the respective categories of workers for which this is provided for in the directives in the field of labour migration.

(2) the data referred to in para. 1 shall be made available, disaggregated by citizenship, by the length of validity of the decision and the economic sector.

(3) the data referred to in para. 1 shall be made available to the European Commission within 6 months after the end of the year concerned in accordance with Regulation (EC) no 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ , L 199/23 of 31 July 2007) and shall relate to reference periods of one calendar year.

(4) for the provision of the statistical data referred to in paragraph 1. 1 and 2, the employment agency and the Ministry of the Interior shall provide the National Statistical Institute all necessary source data.

Chapter eight

REPORTING

Art. 66. (1) every three years, the Republic of Bulgaria shall submit a report to the European Commission for the implementation of the directives in the field of migration and labour mobility, in which it is provided.


(2) the report referred to in paragraph 1. 1 includes a detailed assessment of the correct functioning of the scheme for mobility within the European Union, of the possible abuse of the scheme, as well as the interaction with ù the Schengen acquis.

Chapter nine

CONTROL

Art. 67. (1) the Minister of labour and social policy exercises overall control in compliance with the law.

(2) The checks shall be carried out by an Executive Agency "General Labour Inspectorate" to the Minister of labour and social policy.

Art. 68. (1) the supervisory authorities under art. 67, para. 2 have the right to:

1. visit any time the places where work is carried out or exercise a profession, or make use of employees, and to require the persons who are located in their territory to identify themselves with personal documents;

2. require the physical and legal persons written explanations and information, as well as the provision of certified copies of all relevant documents and reports;

3. be informed directly by the employees on all issues in connection with the exercise of control, to require them to declare in writing the facts and circumstances relating to the implementation of employment, including wages, as well as the grounds for residence of foreigners.

(2) the supervisory authorities under art. 67, para. 2 are required to:

1. check the obtained signals of violations in accordance with the rules and conditions laid down in national legislation;

2. do not divulge the information constituting State, professional or business secret which has come to their knowledge in connection with the exercise of supervision;

3. do not use this information for their own benefit or to others;

4. keep a secret source who received the signal.

(3) in establishing the offences, which contain data on the crime committed, the supervisory authorities shall notify the District Attorney's Office.

Art. 69. (1) the Employers, officials, employees, residents, accepted a job posted workers and officials of Member States of the European Union, or seconded employees from third countries, the supervisory authorities shall assist in the performance of their functions.

(2) For infringements of this law and the international treaties referred to in art. 62 employers, employees, employers ' organisations and employees have the right to Executive Agency report "General Labour Inspectorate" in accordance with the labour code.

Art. 70. (1) the third-country nationals – illegally employed and seasonal workers may, personally or by appointed persons or entities to signal "General Labour Inspectorate" for violation of art. 13, para. 1 committed by their employer.

(2) third parties that have a proven legitimate interest in compliance with art. 13, para. 1, have the right to engage, on behalf or in support of a third-country national – illegally employed and seasonal worker, with his consent, in administrative and civil proceedings provided for in this law and in the law for the administrative offences and sanctions.

(3) provision of assistance in the Al. 1 and 2 of nationals of third countries who are illegally employed, shall not be considered as support for illegal residence.

(4) the authorization referred to in paragraph 1. 1 and consent under para. 2 are in written form with notary signatures.

Art. 71. (1) on the basis of a risk assessment Agency Labour Inspectorate "carries out controls on the employment of foreigners.

(2) the risk assessment under paragraph 1. 1 shall be carried out with a view to identifying the economic activities and sectors in which is seen or it is possible to carry out the employment of illegal aliens.

(3) the risk assessment under paragraph 1. 1 shall be carried out on the basis of an analysis of the available data on the supply and demand of labour, including of foreigners, in activities and sectors, the level of the proposed payment, violations and other data, which may have implications for identifying violations of the prohibition under art. 13, para. 1.

(4) the risk assessment under paragraph 1. 1 may be carried out in respect of the illegal employment of legally resident foreigners in the Republic of Bulgaria.

Art. 72. (1) the Executive Agency "General Labour Inspectorate" can apply the following compulsory administrative measures:

1. to give obligatory prescriptions for employers, the officials of the local parties, accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries, for the cessation of breaches under this Act;

2. to stop the execution of illegal decisions or orders of an employer or officer in the field of employment under this Act;

3. to give obligatory prescriptions of the appointing authorities, employers, officials and residents, accepted a job posted workers and officials of Member States of the European Union, or seconded employees from third countries for the removal of the disorders associated with charging in the paycheck and the payment of amounts for wages that are below the minimum accepted for the country for the relevant category of workers;

4. to give obligatory prescriptions of an employer who is hired to work illegally residing in the territory of the Republic of Bulgaria alien, for charging and paying his due under art. 13 payments.

(2) in the application of administrative coercive measures the control bodies of the Labour Inspectorate is responsible for the damage caused.

(3) Compulsory administrative measures referred to in paragraph 1. 1 may be appealed pursuant to the administrative code, an appeal shall not have suspensive effect.

Art. 73. Where the employer is a subcontractor, the contractor, whose employer is a direct subcontractor, and any subsequent performer whose subcontractors are, where it is established by an act of a competent authority that they knew about the violations to the seconded employee, to the seasonal worker to the leased working illegally residing in the territory of the Republic of Bulgaria alien and does not have informed the supervisory authorities can meet together with the employer or for him for all the obligations under the law.

Art. 74. The Executive Agency "General Labour Inspectorate" maintains on its website a list of employers that have imposed administrative penalty for employment of illegal aliens in the last 5 years.

Chapter ten

ADMINISTRATIVE PENAL PROVISIONS

Art. 75. (1) The natural and/or legal persons who fail to comply with a mandatory requirement to the supervisory authorities referred to in art. 72, para. 1, having a fine, penalty payment accordingly in size from 1500 up to 10 000 BGN, and for repeat offenders, from 3000 up to 20 000.

(2) The employer, official or natural person, resident, accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries, that the law prevents the inspection bodies to carry out their duties, be imposed a fine, penalty payment accordingly to the amount of 10 000 to 20 000 LEVs, unless subject to a more severe punishment.

Art. 76. (1) The employer for which the alien provides workforce without work permit or without registration in the employment agency or the resident, accepted the job posted alien without work permit or without registration at the employment agency, as well as the alien performing work without a work permit or without registration at the employment agency, and the foreigner in the Republic of Bulgaria on secondment within the framework of the provision of services without a work permit or without registration in the Employment agency, fine, penalty, respectively, in the amount determined under art. 48 of the law on foreigners in the Republic of Bulgaria, unless subject to a more severe punishment.

(2) the resident, accepted the job posted workers or employees from other Member States of the European Union, of the countries – parties to the agreement on the European economic area, Switzerland or Swiss, or employees from third countries that does not comply with the terms and conditions for posting of workers or employees of the Member States of the European Union member countries to the agreement on the European economic area or by the Confederation, Switzerland or admission of posted workers or employees from third countries within the framework of the provision of services, is a fine, penalty payment accordingly in size 5000 BGN, and for repeat offenders, from 5000 to 10 000 LEVs.

(3) an employer who is not declared in an employment agency in the legal withdrawal period the employment of third-country nationals who have not obtained permission for permanent residence in the territory of the Republic of Bulgaria and are members of a family of Bulgarian citizens or the citizens of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland which, by virtue of the international treaties concluded with the European Union have the right to free movement, having a fine, penalty payment accordingly in size 2500 BGN, and for repeat offenders, from 2500 to 5000 EUR

Art. 77. (1) The employer violated the provisions of art. 13, para. 1 when the offence does not constitute a crime shall be imposed a fine, penalty, respectively, in the amount determined under art. 48 of the Aliens Act in the Republic of Bulgaria, unless subject to a more severe punishment.

(2) employers under para. 1, which are legal entities may not participate in measures to promote employment under the law for the promotion of employment for a period of one year from a finding of infringement.


Art. 78. (1) in cases where a breach of this act otherwise provided for punishment of the guilty persons be imposed a fine or penalty payment in the amount of 1500 to 15 000 LV.

(2) when the offence under para. 1 was committed reactivation is a fine or penalty payment in the amount of 5000 to 20 000.

Art. 79. (1) the violations of this law shall be laid down by regulations drawn up by State control bodies.

(2) the Act on the establishment of an administrative offence shall be given to the offender personally against signature, and failing to be served shall be mailed by registered letter with advice of delivery. In cases where the person is not found to the address of the management of his/her permanent address or the address of the place of work, the service is performed, such as on the dashboard for announcements and on the official website of the art. 67, para. 2 place the message for the drafting of the Act, to be of service.

(3) in the cases referred to in para. 2, second sentence, the Act establishing administrative infringement is deemed to be served after the expiry of 7 days from the placement of the message and its publication on the official website of the art. 67, para. 2.

(4) the penal provisions shall be issued by the head of the relevant supervisory authority or by officials authorised by him in accordance with the departmental affiliations of the compilers of the acts.

(5) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions, as far as this law is not established another row.

(6) the amounts Collected from fines and financial penalties are administered by an Executive Agency "General Labour Inspectorate".

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "highly qualified employment" means employment of a person who has the necessary competence for the job – acquired higher education, which shall be certified by a diploma, certificate or other document issued by the competent authority after the training of a duration of not less than three years conducted by the educational institution, recognized as a higher education institution of the State concerned.

2. "second Member State" means the Member State within the meaning of § 1, item 1 of the additional provisions of the law on foreigners in the Republic of Bulgaria.

3. "Internal transfer" is temporarily relocating for work or training of worker-citizen of a third State, by an undertaking with their domicile or principal office outside the territory of the Republic of Bulgaria, by which the citizen has concluded the contract, in the unit of the establishment or in an undertaking belonging to the same group of companies, with seat or registered office in the territory of the Republic of Bulgaria.

4. "third-country national" is a person who is not a citizen of the Republic of Bulgaria and is not a national of a Member State of the European Union or of a State party to the agreement on the European economic area, Switzerland or the Swiss.

5. "group of undertakings" means two or more associated enterprises as: one enterprise in respect of the other undertaking directly or indirectly owns a majority share of the subscribed capital of the undertaking; control the majority of the votes attached to the issued share capital of the second company; has the right to appoint more than half of the members of the administrative, management or supervisory body of the second undertaking or undertakings under the unified management of the parent.

6. "single application procedure" means the procedure within the meaning of § 1, item 1 of the additional provisions of the law on foreigners in the Republic of Bulgaria.

7. "a single work and residence permit" is a document within the meaning of § 1, item 1 (e) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

8. "posted to or sent an employee within the framework of the provision of services" is a worker, a national of a Member State of the European Union or worker – a third-country national, who within a certain period, performs work in the territory of the Republic of Bulgaria, as defined in the employment contract with an employer whose registered office is in the territory of another Member State of the European Union or of a third State.

9. "a person of Bulgarian origin" is a person within the meaning of § 1, item 6 of the additional provisions of the law on foreigners in the Republic of Bulgaria.

10. "a person moved to internal corporate shuttle service" means any third-country national who at the time of applying for the issuance of work and residence permit to a person to transfer, internal corporate moved resides outside the territory of the Republic of Bulgaria.

11. "local employer" means a person pursuing an activity in the territory of the Republic of Bulgaria, registered under Bulgarian law or under the legislation of another Member State of the European Union, of a State party to the agreement on the European economic area, Switzerland or the Swiss.

12. "resident, accepted the job posted or sent employees" is a person pursuing an activity in the territory of the Republic of Bulgaria, registered under Bulgarian law or under the legislation of another Member State of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland for its activity, which uses the services of a seconded employee or sent by the Member States of the European Union , or from third countries.

13. "illegal employment of third-country national" is the employment of illegally residing in the territory of the Republic of Bulgaria, as well as recruiting or the adoption of a third country without the relevant authorisation or registration of an employment agency.

14. "illegal resident" is a person within the meaning of § 1, item 3 (b) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

15. "repeated violation" is the infringement committed within one year of the entry into force of the Act, by which the offender was punished for the same offence.

16. "An enterprise" is a unit of an enterprise or an Enterprise belonging to the same group of companies, with seat or registered office in the territory of the Republic of Bulgaria, which has moved the worker – a third-country national in internal corporate shuttle.

17. "first Member State" means the Member State within the meaning of § 1, item 1 (b) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

18. ' cleared for a person to transfer internal moved "is a document within the meaning of § 1, item 1 (g) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

19. ' cleared for mobility in internal corporate shuttle "is a document within the meaning of § 1, item 1 (h) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

20. ' cleared for seasonal jobs "are documents within the meaning of art. 24 k and 24 (l) of the law on foreigners in the Republic of Bulgaria.

21. "seasonal worker" is a document within the meaning of § 1, item 1 of the additional provisions of the law on foreigners in the Republic of Bulgaria.

22. "regulated profession" is a profession within the meaning of § 1, item 1 of the additional provisions of the law for the recognition of professional qualifications.

23. "Director" means the person who occupies a senior position and works under the supervision of the owner or of the collective body for management of the receiving enterprise, such as:

and the receiving enterprise) manages or his administrative structure;

b) control and supervise the work of other professional or managerial personnel or employees carrying out controls;

c) provides recommendations on recruitment, termination of employment, as well as other actions concerning the rights and obligations of the employees.

24. "seasonal worker" means a third-country national, who retains his primary place of residence in a third State and reside legally and temporarily in the territory of the Republic of Bulgaria to carry out seasonal work, on the basis of one or more fixed-term employment contracts concluded directly with an employer whose registered office is in the Republic of Bulgaria.

25. "seasonal work" is a work that depends on the change of seasons and is associated with a certain time of the year by means of a recurring event or series of events associated with seasonal conditions under which the need for labour is significantly greater than in regular current affairs.

26. "European Union blue card" is a document within the meaning of § 1, item 1 (d) of the additional provisions of the law on foreigners in the Republic of Bulgaria.

27. "Officer-trainee" is a person who has a university education and was moved to the host plant for the purpose of professional development or training in business techniques or methods and who receives payment for the period of the transfer.

28. the "professional" is a person who works in the unit of the establishment or in an undertaking belonging to the same group of companies, with seat or registered office in the territory of the Republic of Bulgaria and has the specialized knowledge, which are essential for the areas of activity, the techniques or management of the host plant.

29. "members of the family of a Bulgarian citizen" persons within the meaning of art. 2, al. 6 of the law on foreigners in the Republic of Bulgaria.

30. "members of the family of a national of another Member State of the European Union, of a State party to the agreement on the European economic area or Switzerland, the Swiss" persons within the meaning of § 1, item 1 of the additional provisions of the law on the entry, residence and departure of the Republic of Bulgaria of the citizens of the European Union and members of their families.


31. "members of the family of a third-country national" means persons within the meaning of art. 2, al. 3 of the law on foreigners in the Republic of Bulgaria.

32. "alien" is a person within the meaning of art. 2, al. 1 of the law on foreigners in the Republic of Bulgaria.

§ 2. This law shall establish requirements for:

1. Directive 2003/109/EC of 25 November 2003 concerning the status of long-term resident third-country nationals;

2. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC , 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC;

3. Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

4. Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of carrying out scientific research;

5. Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OB, L 155/17 of 18 June 2009);

6. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OB, L 168/24 by 30 June 2009);

7. Directive 2011/98/EC of the European Parliament and of the Council of 13 December 2011 on a single application procedure for third-country nationals for a single work and residence permit in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OB, L 343/1 of 23 December 2011);

8. Directive 14/36/EC of the European Parliament and of the Council of 26 February 2014, on the conditions of entry and stay of third-country nationals for the purpose of employment such as seasonal workers (OB, L 94/382 of 28 March 2014);

9. Directive 14/54/EU of the European Parliament and of the Council of 16 April 2014. concerning measures to facilitate the exercise of the rights granted to workers in the context of the free movement of workers (OB, L 128/8 of 30 April 2014);

10. Directive 14/66/EC of the European Parliament and of the Council of 15 may 2014, on the conditions of entry and residence of third-country nationals in the framework of the internal corporate shuttle (OB, L 157/1 of 27 May 2014).

TRANSITIONAL AND FINAL

PROVISIONS

§ 3. Initiated prior to the entry into force of this law the court proceedings in the sanctions imposed by the supervisory authorities, the finish line is existing.

§ 4. In the employment promotion Act (promulgated, SG. 112 of 2001; amend., 54/120 and by 2002, no. 26, 86 of 114 and 2003/52 and 81 of 2004 No. 27 and 38 by 2005, issue 18, 30, 48 and 33, 2006, 46/2007, no. 26, 89 and 109 from 2008. , PC. 10, 32, 41 and 74 from 2009, PCs. 49, 59, 85 and 100 by 2010, PC. 9 and 43 from 2011, issue. 7 by 2012 PCs. 15, 68 and 70 in 2013, PCs. 54 and 61 by 2014 and PCs. 54, 79, 101 and 102 of the 2015) the following modifications are made:

1. In art. 1 item 4 and 5 are repealed.

2. In art. 74 (g), para. 2 item 2 and 3 are repealed.

3. In art. 74 l al. 4 shall be amended as follows:

"(4) by 30 June each year the employment agency checks the business line the circumstances under art. 74, al. 2, item 1 for registered establishments that provide temporary work, and inform the Executive Agency "General Labour Inspectorate" for the changes. "

4. Chapter eight "work of Bulgarian citizens in other countries and foreign citizens in the Republic of Bulgaria" with art. 67 – 74 (e) is repealed.

5. In art. 76, para. 2, the words "indigenous persons accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries" and the comma after them are deleted.

6. In art. 78, para. 1, item 1, the words "of the residents, accepted a job posted workers and officials of Member States of the European Union, or seconded employees from third countries" and the comma after them are deleted.

7. articles 78 and 78 (b) are repealed.

8. In art. 79, para. 2 the words "the resident, accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries" and the comma after them are deleted.

9. articles 82 and 82A are hereby repealed.

10. In § 1 of the additional provisions p. 14, 14A, 27A, 33 and 36, 37 and 38 are hereby repealed.

§ 5. In the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend., SG. 70 (1999), no. 42 and 112 of 2001, 45/54 and 2002/37 and 103 of 2003 No. 37 and 70 by 2004, issue 11, 63 and 88 of 2005, no. 30 and 82 of 2006. , PC. 11, 29, 52, and 63 of the 109 2007, PCs. 13, 26, 28 and 69 since 2008, PCs. 12, 32, 36, 74, 82, 93 and 103 of 2009, PCs. 73 by 2010, PC. 9 and 43 from 2011, issue. 21 and 44 by 2012 PCs. 16, 17, 52, 68, 70 and 108 from 2013, PCs. 53 by 2014, PC. 14, 79 and 80 by 2015 and St. 15 from 2016.) make the following changes and additions:

1. In art. 24, para. 1:

(a) in item 1) add "in accordance with the law on labour migration and labour mobility";

(b) in item 15) add "and in accordance with the law on labour migration and labour mobility";

in point 16) add "or have received a favourable opinion of the Directorate" Religions "of the Council of Ministers in the procedure of the law for religious – in their capacity as foreign religious officials, invited by the central guidelines of registered denominations".

2. (a) article 24 is amended as follows:

"Art. 24. (1) a permit for long-term residence or long-stay visa can obtain a foreigners who want to operate on a freelance basis and meet the conditions for obtaining a permit for the carrying out of the activities of the self-employed within the meaning of the law on labour migration and labour mobility.

(2) for the purpose of issuing the documents referred to in para. 1 shall be submitted to the diplomatic and consular representations, respectively in front of the administrative control of foreigners, the following documents:

1. sample application;

2. permission to carry out the activity, issued by the authorities of the Ministry of labour and social policy.

(3) does not issue a long-stay visa for the purpose of carrying out the activity as a freelancer to a foreigner in the cases under art. 24, para. 1.1-13 and 16-20. "

3. In art. 24 and, al. 1 the words "work permit within the meaning of the Act on promotion of employment" shall be replaced by ' access to the labour market within the meaning of the law on labour migration and labour mobility ".

4. Create art. 24 k and 24 l:

"Art. 24 k (1) permission for the seasonal worker with the right to long-term residence can receive foreigners who fulfil the conditions for access to the labour market within the meaning of the law on labour migration and labour mobility, and who possess a visa under art. 15, para. 1.

(2) the permission under paragraph 1. certificate shall be issued after the decision of the Ministry of labour and social policy for the duration of the employment contract, but not less than 90 days and not more than 9 months. The authorization may be extended only once within that period after the decision of the Ministry of labour and social policy.

(3) the permission under paragraph 1. shall be issued on the application of a single application procedure and in accordance with procedures determined by the regulation for implementation of the law.

(4) the authorisation referred to in paragraph 1. shall be issued on an accelerated procedure for candidates who once worked in the territory of the Republic of Bulgaria as seasonal workers in the last five years.

(5) the holder of the decision on para. 2 shall be issued a residence permit of a seasonal worker in accordance with the requirements of Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, as in the "type of permit" notes "seasonal worker".

(6) the holder of an authorisation under paragraph 1. 1 have the right to be informed in writing of the authorization rights.

(7) where the authorization referred to in paragraph 1. 1 expires, while the procedure for extension or renewal, the seasonal worker has the right to reside in the territory of the Republic of Bulgaria, until a decision is taken on the application, provided that it has been filed within the period of validity of the authorisation under paragraph 1. 1 and is not expired under para. 2.

Art. 24 litres (1) to perform seasonal work for up to 90 days the foreigner must hold a valid visa for the purposes of seasonal work when required, and employment to be registered by the Ministry of labour and social policy in accordance with the law on labour migration and labour mobility and the regulation for its implementation.

(2) the registration of employment by al. 1 is carried out and when the alien is exempt from the visa requirement in accordance with annex II of Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. "

5. In art. 25 Al is created. 5:

"(5) The minor children born on the territory of the Republic of Bulgaria, applying for getting right to the continuous and permanent residence, no visa required under art. 15, para. 1. "

6. In art. 26, al. 2, after the words "24" and a comma and add "24 k" and after the words "33 m" a comma and add 33 p and 33 t ".

7. Article 33 shall be repealed.

8. In art. 33 k, al. 1 the words "law on promotion of employment" shall be replaced by the "law on labour migration and labour mobility".


9. a chapter three "c" with art. 33 p-33 t:

"Chapter III" in "

RESIDENCE OF THIRD-COUNTRY NATIONALS FOR THE PURPOSES OF THE V″TREŠNOKORPORATIVNIÂ SHUTTLE

Art. 33 p. (1) permission for the person with internal corporate shuttle moved, with the right of permanent residence can receive foreigners who fulfil the conditions for access to the labour market within the meaning of the law on labour migration and labour mobility, and who possess a visa under art. 15, para. 1. (2) the permission under paragraph 1. certificate shall be issued after the decision of the Ministry of labour and social policy for a period of one year, is renewed in the presence of grounds for re-issue. In the event that the duration of the employment contract is less than one year, the authorisation shall be issued for the period of duration of the contract.

(3) the permission under paragraph 1. shall be issued in accordance with the requirements of Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals in the application of a single application procedure and in accordance with procedures determined by the regulation for implementation of the law, as in the "type of permit" is marked "internal transfer".

(4) migration Directorate shall inform the applicant in writing of the authorization under paragraph 1. 1 not later than 14 days from the date of its filing.

(5) When the validity of the authorization under paragraph 1. 1 expires during the procedure for the renewal, the person has the right to reside in the territory of the Republic of Bulgaria until a decision on the application.

Art. 33 b. (1) the members of the family of the holder of the authorization for a person to transfer, internal shunts can obtain permanent residence permit with a validity period corresponding to the residence of the holder of the authorization for a person to transfer internal moved. For issue of a residence permit to the family members must meet the requirements of art. 24, para. 2.

(2) the permission under paragraph 1. shall be issued on application procedure and in accordance with procedures determined by the regulation for implementation of the law.

Art. 33. the holder of a permit to a person to transfer internal moved, issued by the first Member State, has the right to stay in the territory of the Republic of Bulgaria as a second Member State for up to 90 days within any period of 180 days.

Art. 33 (1) the holder of a permit to a person to transfer internal moved, issued by the first Member State shall be entitled to stay for more than 90 days in the territory of the Republic of Bulgaria as a second Member State, if it meets the conditions for access to the labour market within the meaning of the law on labour migration and labour mobility.

(2) the holder of the authorization referred to in paragraph 1. 1 permission is granted for mobility in internal transfer in accordance with the requirements of Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, as in the "Note" field notes "mobile ICT – mobility in VKT.

(3) the Ministry of the Interior shall inform the competent authorities of the first Member State when issuing the permit for the mobility in internal corporate shuttle.

(4) the first Member State shall inform the Ministry of Internal Affairs of the Republic of Bulgaria, when the permission to take a person moved to internal corporate shuttle.

(5) the undertaking shall inform the host migration Directorate and the employment agency of any change affecting the conditions on the basis of which has been authorised mobility when Republic of Bulgaria is the second Member State.

(6) The holder of a permit to a person to transfer internal moved, for whom there are grounds under art. 10, para. 1, item 1, shall not be allowed entry or stay on the territory of the Republic of Bulgaria. "

10. In art. 40, para. 1:

a) in paragraph 1, after the words "24" and a comma and add "24 k" and after the words "the 33" a comma and add 33 p and 33 t ";

(b) in point 12), after the words "EU blue card" insert "or a permit to a person to transfer internal shunts and a comma and the words" legislation of the Republic of Bulgaria "are replaced by" law on labour migration and labour mobility ".

11. in art. 44A, al. 4, the words "the Ordinance under art. 74, para. 1 of the law on the promotion of employment "shall be replaced by the" law on labour migration and labour mobility ".

12. Article 48a shall be repealed.

13. in art. 53, para. 1 the words "and in art. 33, para. 2 ' shall be deleted.

14. In art. 57 Finally, added "within the meaning of the law on labour migration and labour mobility".

15. § 1 of the additional provisions:

a) in item 1 (b), after the words "the foreigner" shall be inserted "or permit to a person to transfer displaced internal;

(b)) shall be item 1 g-1 and:

"1 g" permission to a person to transfer displaced internal permission with "ICT-v″trešnokorporativniâ transfer", which entitles the holder to reside and work in the territory of the Republic of Bulgaria in the first Member State of the European Union, for the purposes of transfer v″trešnokorporativniâ issued to the worker – national of a third country, subject to the single application procedure.

1 h. "mobility in internal corporate shuttle" is the permission with "mobile ICT – VKT mobility", which entitles the holder to reside and work in the territory of the Repub-

Lika Bulgaria as the second Member State of the European Union, for the purposes of the v″trešnokorporativniâ shuttle.

1. "seasonal worker" is the permission with "seasonal worker", which entitles the holder to reside and work in the territory of a Member State of the European Union, for the purposes of seasonal employment. "

§ 6. In the law on asylum and refugees (official SG. 54 of 2002; amended 31/2005 30/06, 109 and 52/2007, no. 82/2009, issue 39 of 2011 No. 15 and 66 by 2013, no. 98 of 2014, 80 and 101 by 2015) in art. 29, para. 3 the words "three months" are replaced by "up to 9 months.

§ 7. In the law on Bulgarian identification documents (official SG. 93 of 1998; amend., SG. 53, 67, 70 and 113 of 1999, no. 108 of 2000, 42/2001 and 45/54 by 2002, no. 29 and 63 of 2003, no. 96, 103 and 111 in 2004, no. 43, 71, 86, 88, and 105 by 2005. , PC. 30, 82 and 105, 2006, issue. 29, 46 and 52 of 2007, PC. 66, 88 and 110 in 2008, PCs. 35, 47, 82 and 102 of 2009, PCs. 26 and 100 by 2010, PC. 9 and 23 of 2011; Decision No. 2 of the Constitutional Court by 2011-PCs. 32 by 2011; amend., SG. 55 by 2011, issue. 21, 42 and 75 by 2012 PCs. 23 and 70 in 2013, PCs. 53 by 2014 and PCs. 14, 79 and 80 by 2015) in art. 59, para. 2 the following endorsements are added:

1. In paragraph 2, finally a comma and add "but for no more than 5 years".

2. paragraph 2 (a):

"2A. the residence permit of a member of the resident family of Bulgarian citizen with indication of ' member of the family of Bulgarian citizen" – issued by the authorities of the Ministry of the Interior for a period depending on the validity of the national identity document with which the person entered into the Republic of Bulgaria, but for not more than 5 years; document issued to persons having obtained the right of permanent residence on the grounds of art. 25, para. 1, item 11 of the law on foreigners in the Republic of Bulgaria; ".

3. Create is point 7 b-7 (d):

"7B. authorisation for the seasonal worker – issued by the authorities of the Ministry of the Interior in accordance with the requirements of Regulation (EC) No 1030/2002, as in the" type of permit "notes" seasonal worker "and in the" Note "notes the condition of access to the labour market;

7. a person transferred in the internal transfer – issued by the authorities of the Ministry of the Interior in accordance with the requirements of Regulation (EC) No 1030/2002, as in the "type of permit" notes "ICT – internal corporate shuttle," and in the "Note" notes the condition of access to the labour market;

7. permission for internal mobility transfer – issued by the authorities of the Ministry of the Interior in accordance with the requirements of Regulation (EC) No 1030/2002, as in the "type of permit" notes "mobile ICT – mobility in VKT," and in the "Note" notes the condition of access to the labour market; '.

§ 8. The law shall enter into force on 21 may 2016, with the exception of section VIII of chapter two, which shall enter into force from 1 January 2017.

The law was passed by the National Assembly-43 on 13 April 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly:

Tsetska Tsacheva

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