Law Amending And Supplementing The Law On Promotion Of Employment

Original Language Title: Закон за изменение и допълнение на Закона за насърчаване на заетостта

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15453/

Name of law Law amending and supplementing the law on promotion of employment Name of Bill a bill amending and supplementing the law on promotion of employment acceptance date 11/12/2015 number/year Official Gazette 101/2015 DECREE No. 278

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 amending and supplementing the law on employment promotion adopted by the HLIÌI National Assembly on 11 December 2015.

Issued in Sofia on 18 December 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on promoting employment (official 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. , PC. 26, 89 and 109 from 2008, PCs. 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 and 79 by 2015.)

§ 1. In art. 2, after the word "origin" a comma and add "ethnicity, personal situation".

§ 2. In art. 3 make the following amendments and supplements: 1. The current text becomes paragraph. 1.2. Al is created. 2: "(2) the Minister of labour and Social Affairs and the Executive Director of an employment agency shall take joint actions with representative national organisations of employers and employees to develop policies with a national scope in the field of the labour market and the instruments for their implementation in application of Regulation (EC) no 1304/13 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Regulation (EC) No 1081/ 2006 (OJ L 347/465 of 20 December 2013). "

§ 3. In art. 4, al. 3 all over the words "regions and/or" shall be deleted.

§ 4. In art. 7 and following amendments and supplements shall be made: 1. Paragraph 2 shall be replaced by the following:

"(2) for the purposes of State employment policy employment agency exchanges information with Agency Labour Inspectorate", the Agency for social assistance, the Agency for persons with disabilities, the National Insurance Institute, the Bulgarian investment agency and the National Agency for vocational education and training under the conditions and in accordance with procedures laid down in the agreement concluded between them. "

2. a para. 4:

"(4) for the provision of administrative services in registration of jobseekers General Directorate for civil registration and administrative service at the Ministry of regional development and public works provides information on an employment agency under the conditions and in accordance with procedures laid down in the agreement concluded between them."

§ 5. In art. 8, al. 6. t 6 is created:

6. discuss a list of occupations in which it is performed and the vocational training of unemployed persons without secure workplace. "

§ 6. In art. 9, para. 5.6, the words "with the problems of employment and training for the acquisition of formal qualifications shall be replaced by ' employment and adult education".

§ 7. Article 16A is replaced by the following:

"Art. 16. (1) the allocation of funds in accordance with this Act, with the exception of the measure referred to in art. 51, is realized in the form of de minimis aid schemes, where applicable, in compliance with the provisions of Regulation (EC) No 1407/13 of 18 December 2013 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union to de minimis aid (OJ L 352/1 of 24 December 2013), hereinafter referred to as "Commission Regulation (EC) No 1407/2013 and regulations which amend, supplement or replace.

(2) the allocation of resources under art. 51 is carried out in the form of State aid scheme subject to the requirements of Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty (OJ L 187/1 of 26 June 2014), hereinafter called "Regulation (EC) No 651/2014" and regulations which amend, supplement or replace.

(3) the Administrator of the aid referred to in paragraph 1. 1 and 2 is an employment agency.

(4) the conditions and procedures for the allocation of the resources of the Al. 1 and 2 are determined by the regulation for implementation of the law. "

§ 8. In art. 17, al. 1 point 7 shall be replaced by the following:

"7. the motivation for active behaviour and labour market inclusion in programmes and measures for employment and training.

§ 9. In art. 18 the following modifications are made:

1. In paragraph 8. 2:

a) point 4 is replaced by the following:

4. persons entitled to a retirement pension, persons receiving an old-age pension under the provisions of foreign legislation, persons who have acquired the right to occupational pension for early retirement that don't work; "

(b)) section 5 is repealed.

2. in the Al. 5 the word "Division" is replaced by "any of the divisions.

§ 10. In art. 19 is hereby amended as follows:

1. In paragraph 8. 1 the words "and the timetable for the visits" are deleted.

2. in the Al. 2:

a) point 3 is replaced by the following:

"3. the persons under art. 18, al. 2, item 4 – under item 1, 3 and 4; "

b) point 4 shall be repealed.

§ 11. In art. the following 20 amendments:

1. In paragraph 8. 1 the words "envisaged actions, timelines and a schedule for the visits" are replaced by "actions and timetables in the action plan.

2. in the Al. 3. t 6 is created:

6. are registered under art. 18, al. 2, item 2-4, I have attended and I have been using the services of the Directorate "Labour Office" during the preceding year. "

3. in the Al. 4:

a) point 1 shall be replaced by the following: "1. fail to comply with the recommendations of the mediator or the actions and timetables in the action plan;"

(b) in point 6), after the words "early retirement" insert "or receive an old-age pension under the terms of the foreign legislation";

in) a new item 8:

"8. declared false data on registration in the territorial division of the employment agency."

4. Paragraph 5 shall be amended as follows:

(5) a person shall be entitled to the next registration no earlier than the expiry of 6 months after the termination of the previous registration on the basis of para. 4, item 1 – 5, 7 and 8. "

5. in the Al. 6 the words "para. 3, item 1 and ' shall be deleted.

6. a new para. 7:

(7) except in cases referred to in para. 6 registration of persons is restored and when it is not an employment relationship. "

7. in the Al. 9 the words "programmes and measures ' shall be replaced by" subsidized ".

§ 12. In art. 22, para. 5, the words "on the kinds of majors ' shall be deleted.

§ 13. In art. 22 and following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "vacancies shall be announced not later than 14 days before the expiry date of application."

2. paragraph 2 is replaced by the following:

"(2) the territorial divisions of employment agency guide jobseekers, conforming to the requirements of the workplace."

§ 14. In art. 26 item 3 shall be replaced by the following:

"3. the motivation for active labour market behaviour and targeting appropriate programmes and measures for employment and training.

§ 15. In art. 27 a, para. 1 creating a t. 6:

"6. the natural persons or legal entity representing the registration, as well as persons employed to perform brokerage work, to have:

a) completed secondary or higher education;

(b)) work experience in the field of maritime transport is not less than three years, when it will carry out placement of sailors. "

§ 16. In art. 28, para. 9, paragraph 2, the words "is – job fair" are replaced by "electronic information communication system".

§ 17. In art. 30 and the following amendments and supplements shall be made: 1. In para. 1:

a) in item 9, the words "motivational training" and the comma after them shall be deleted;

(b) in paragraph 13), the words "other unemployed family member ' shall be replaced by" other unemployed person ";

in point 17) shall be repealed;

d) point 19 shall be replaced by the following: 19. monitor under art. 41A, 46A and 55 g; "

(e)) including 22 the word "period" is replaced by "time";

is t be created.) 23:

"23. supported employment."

2. in the Al. 2:

a) in paragraph 1, the words "the person acquired the right to occupational pension for early retirement, or become entitled to a retirement pension and the comma after them shall be deleted;

b) in point 7, the words "other unemployed family member ' shall be replaced by" other unemployed person ";

in point 9) is repealed;

d) in 11 words "art. 41 a and article. 55 g, para. 1 "shall be replaced by" art. 41A, 46A and art. 55 g, para. 1 ";

(e)) is created that 15:

"15. under item 23 – the persons under art. 27, al. 2, item 2. "

3. in the Al. 3 Add "which could be different for parts from the period of subsidies for employment".

§ 18. In art. 30 (b) make the following amendments and additions:

1. In paragraph 8. 1:

a) point 4 is repealed;

(b)) is created point 7:

"7. the person under art. 27, al. 2, item 2, chosen to carry the measure under art. 43. "

2. in the Al. 3 the words "and the learning institution ' shall be replaced by" learning institution and the person under art. 27, al. 2, item 2. "

§ 19. In art. 31 the following modifications are made:

1. In paragraph 8. 1 the word "education" is deleted.

2. in the Al. 2, the words "and article. 25 and 33 are deleted.

§ 20. In art. 32, para. 1 the words "short-term or medium-term ' shall be deleted.

§ 21. Article 33 shall be amended as follows:

"Art. 33. (1) the regional program for the employment and training of the field is in line with the objectives, priorities and instruments for the conduct of the State employment policy. It contains activities, consistent with the priorities of the regional development strategy and the regional and municipal development plans, as well as with the priorities of the national strategic documents and national action plan on employment.

(2) Annually with the national action plan for employment is determined the amount of the funds and the types of payments for regional employment programmes and training areas. The criteria, conditions and procedures for funding shall be determined by the regulation for implementation of the law.


(3) regional program for the employment and training of field project proposal includes the district and municipal administrations, approved by the Commission on employment, the criteria and in accordance with procedures laid down in the rules for implementation of the law. District and municipal administrations can develop project proposal in cooperation with the social partners and other entities. "

§ 22. In art. 36 the following modifications are made: 1. a paragraph 1 shall be amended as follows:

"(1) for each workplace, revealed that an unemployed person is employed to 29 years of age, including first job specialty, directed by the unit of the employment agency, the employer shall provide the amounts in accordance with art. 30 (a), para. 2 for the time during which the person was working, but for not more than 18 months. "

2. in the Al. 2 ' 12 months ' is replaced by "18 months".

§ 23. Article 36 (b) is repealed.

§ 24. In art. 42 para. 1 is repealed.

§ 25. Article 42A shall be repealed.

§ 26. In chapter six, section IV creates art. 43A:

"Art. 43. (1) a person registered under art. 27, al. 2, item 2, may apply for the provision of employment supported amounts under art. 30 (a), para. 1, item 23 for each unemployed person with a permanent disability or other disadvantaged groups on the labour market, directed by the Division of employment agency, which is working nesubsidirano ustroilo of the workplace for a period of not less than 12 months.

(2) the conditions and procedures for applying for and granting of amounts under art. 30 (a), para. 1, item 23 shall be determined by the regulation for implementation of the law. "

§ 27. Article 45 shall be repealed.

§ 28. In chapter six, section V creates art. 46A:

"Art. 46. (1) a workplace for each training revealed by working (dual training), organized by the order of the law for vocational education and training, to which an unemployed person is employed, directed by the divisions of the employment agency, the employer shall provide the amounts in accordance with art. 30 (a), para. 2 for the duration of the training, but for no more than 36 months.

(2) for each employee in the Al. 1 of the learning institution, with which the training is conducted in partnership by working (dual training), provide a means under art. 30 (a), para. 2 for the duration of the training. "

§ 29. In art. 47, para. 4, the words "other unemployed family member ' shall be replaced by" an unemployed person "otherwise.

§ 30. In art. 50 ' 12 months ' is replaced by ' 24 months '.

§ 31. Article 51 shall be replaced by the following:

"Art. 51. (1) for each workplace, revealed that an unemployed person is employed with continuously maintained register not less than 6 months or an unemployed person up to 24 years of age, or an unemployed person with primary education and lower, or an unemployed person aged over 50 years, directed by the unit of the employment agency, the employer shall provide the amounts under art. 30 (a), para. 1, item 1, 2, 4 and 5 for the period during which the person was working, but for not less than three months and not more than 12 months. The amounts shall be provided up to 50 per cent for the period of the subsidy.

(2) for each workplace, revealed that an unemployed person is employed permanently disabled, directed by the unit of the employment agency, the employer shall provide the amounts under art. 30 (a), para. 1, item 1, 2, 4 and 5 for the period during which the person was working, but for not less than three months and not more than 12 months. The amounts shall be made available at a rate of up to 75 per cent for the period of the subsidy.

(3) in cases where the period of employment is shorter than 12 months, the amounts referred to in paragraph 1. 1 and 2 shall be reduced proportionately. "

§ 32. In art. 52 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "employment agency" is added "to work full or part time.

2. paragraph 2 is repealed.

§ 33. Article 53 shall be repealed.

§ 34. In art. 53A, al. 1 the words "unemployed mothers (osinovitelki) with children from 3-" are replaced by "unemployed persons, single parents (adoptive parents) and/or mothers (osinovitelki) with kids.

§ 35. In art. 55 and the words "50 years of age" shall be replaced by the words "55 years of age.

§ 36. Article 55 (b) is repealed.

§ 37. Article 56 shall be amended as follows:

"Art. 56. (1) the Employers and institutions engaged in adult education or vocational guidance may not receive funds under this law when it conforms to the any of the following conditions:

1. have the required public obligations;

2. failure to comply with the obligations contracted under the programmes, measures and training, as well as on projects under the operational program "human resources development";

3. are the firms in difficulty.

(2) employers and institutions engaged in adult education or vocational guidance may not receive funds under this law, representing the minimum aid when they meet and one of the following conditions:

1. operate in the industry "coal mining" under Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry;

2. are the exceptions referred to in art. 1 of Council Regulation (EC) No 1407/2013;

3. operate in the industry, "fisheries and aquaculture under Regulation (EC) no 1379/13 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending regulations (EC) no 1184/2006 and (EC) no 1224/2009 of the Council and repealing Council Regulation (EC) No 104/2000 (OJ , L 354/1 of 28 December 2013).

(3) the receipt of funds, representing a minimal assistance, shall be suspended when, during the period of assistance to employers and institutions engaged in adult education or vocational guidance occurs any of the conditions referred to in paragraph 1. 1.

(4) the employer shall use the nas″rčitelnite measures under art. 36, 43, 46, 50, art. 52, para. 1, art. 53, 55, 55 and 55 in, if it provides employment of unemployed targeted by the employment agency for a further period equal to the period of subsidization.

(5) each revealed a workplace under art. 36, 37, 43, 50, art. 52, para. 1, art. 53, 55, 55, 55 (c) and 55 (e) consistently may be appointed to more than one unemployed persons directed by an employment agency, under conditions and by an order determined by the regulation for implementation of the law.

(6) creation of employment under art. 36, para. 1, art. 36, 43, 46, 50, 53, 55, 55 and 55 in is subsidized, if in the last three months, the employer is not collapsed the employment relationship with the employee, employed on jobs for the same posts, of which hire unemployed persons.

(7) each revealed a workplace under art. 36, para. 1, art. 50, 52, 53 and 55 and may be appointed unemployed persons who have not worked for the same employer over the last six months.

(8) each revealed a workplace under art. may be appointed 51 unemployed persons, when the assignment is a net increase in the number of employees within the meaning of art. 2, s. 32 of Regulation (EC) No 651/2014 in the enterprise concerned, compared with the average number of staff in the last 12 months. When the assignment is not a net increase in the number of personnel, capacity should posts fallen vacant following voluntary departure, disability, retirement on grounds of age, voluntary reduction of working time or lawful dismissal for misconduct and not as a result of the reduction of staff.

(9) an employer who has not kept the jobs according to para. 4, recovering the sums received by the legal interest except in the cases laid down by the regulation for implementation of the law.

(10) the labour and social security relations of employees unemployed persons received by an employer preferences in the implementation of programmes and measures to promote employment, are governed under the terms of the national labor and employment law. Individuals are hired under an employment relationship. "

§ 38. In art. 58 and paragraph 4 shall be repealed.

§ 39. Article 59 shall be repealed.

§ 40. In art. 60 and following amendments and supplements shall be made:

1. a new paragraph. 10:

(10) Training in the performance of public tasks of the State Enterprise "the Bulgarian-German vocational training centre" shall be carried out in accordance with a two-year plan approved by the Management Board after consultation of the Council under paragraph 1. 6 and approved by the Minister of labour and social policy under the conditions and in accordance with procedures laid down by the regulation for implementation of the law. "

2. the Previous para. 10, 11, 12 and 13 shall become paragraph 11, 12, 13 and 14.

§ 41. In art. 62, para. 4, the words "and the cover are carried out training" shall be replaced by "takes place".

§ 42. In art. 63 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in it:

a) in paragraph 3, the words "in micro-and small enterprises" shall be deleted;

b) points 4 and 5 are repealed.

2. a para. 2: "(2) unemployed persons are included in the training provided for in the plan of action under art. 19, para. 1. "

§ 43. In art. 66 is hereby amended as follows:

1. In paragraph 8. 1 the words "art. 63, t. 1, 2, 5 and 6 ' shall be replaced by "art. 63, para. 1, item 1, 2 and 6.

2. in the Al. 2 the words "art. 63, item 3 and 4 "shall be replaced by" art. 63, para. 1, item 3.

3. in the Al. 3 the words "art. 63, paragraph 1 "are replaced by" article. 63, para. 1, item 1.

§ 44. In art. 74 is Al is created. 3:

"(3) the individuals must qualify under para. 2 during the entire period of the registration. "

§ 45. In art. 74 m, al. 1 make the following amendments and additions:

1. point 3 shall be replaced by the following:

"3. in the event of violation of the requirements of art. 74, al. 3, established by entered into force criminal Decree; ".

2. a new item 4:

"4. where enforceable criminal decree imposing an administrative penalty under art. 81 a, para. 1 issued prior to registration to carry out the activity; ".

3. The current paragraph 4 becomes item 5.

§ 46. In § 1 of the additional provisions are made the following amendments and additions:

1. point 1 shall be amended as follows:

"1." Househusband "is a person who, upon registration in the Directorate" Labour Office "does not work, look for work, is ready to start work within 14 days of notification by the Directorate" Labour Office "and does not fall within the other group jobseekers."

2. In paragraph 4, the words "everywhere within 30 miles" are replaced by "up to 50 km.


3. In paragraph 4 (a), the words "with children up to 3 years of age" shall be replaced by ' children up to age 5.

4. point 24 shall be replaced by the following:

"24." Motivation for active behaviour in the labour market "is an activity directed towards the acquisition of practical skills for a job search."

5. Create t. 44-47:

"44." work experience in the field of maritime transport "is an actual time during which the person with legal capacity under the post stretches National classifier of professions and positions in shipping, which require a competence laid down in Ordinance No. 6 of 5 April 2012 of competence of seafarers in the Republic of Bulgaria (promulgated, SG. 31 by 2012; amend., SG. 81 in 2013, PCs. 84 by 2014 and PCs. 83 by 2015).

45. "Supported employment" is providing assistance to unemployed persons and other disadvantaged groups in the labour market, in accordance with their specific needs, for the work of nesubsidirani jobs.

46. "training" is the time to conduct the training in accordance with approved curriculum and to conduct examinations on completion of the training.

47. "first job" is the work of the position, corresponding to the subject, in which he has completed secondary or higher education and no work experience. "

§ 47. Annex No 1 to art. 74 (g), para. 1 shall be amended as follows: "annex 1 to article. 74 (g), para. 1



VC. №………

 

 

 





 To

 EMPLOYMENT AGENCY

 BULL. DONDUKOV No 3

 SOFIA









APPLICATION

FOR THE REGISTRATION OF AN ESTABLISHMENT WHICH PROVIDES TEMPORARY WORK









1.





От





………….….……………………….............................…...................………………………

 (natural person, legal person, in accordance with the commercial register)









2.





Представляван от:





………….….……………………….............................…...................………………………

(first name, middle name, last name)









3.





Търговска регистрация:





………….….……………………….............................…...................………………………

(unified identification code/certificate of good standing)









4.





Seat and address of management: (according to the commercial register)





Гр./с. ………….….……………………….............................…...................…………………

Община ………….….……………………….............................…...................……………

Ул./кв./ж.к. ………….….……………………….............................…............ № ……...

BL. …………..................……… et. ………...….........…..… apt. ……….........…………









5.





Address and telephone contact:

 

 

 

Fax:

e-mail:





Гр./с. ………….….……………………….............................…...................…………………

Община ………….….……………………….............................…...................……………

Ул./кв./ж.к. ………….….……………………….………....................……… № ……...

BL. …………..................……… et. ………...….........…..… apt. ………........…………………….….……………………….............................…...................…

………….….……………………….............................…...................………………………









6.





Identification number of the certificate of entry in the register under art. 10, para. 1, item 2 of the DPL:





 









7.

 





BULSTAT:

(for persons registered under the Bulgarian legislation)





 









8.





Address of Office/offices for carrying out the business of providing temporary work





Гр./с. ………….….……………………….............................…...................…………………

Община ………….….……………………….............................…...................……………

Ул./кв./ж.к. ………….….……………………….………....................……… № ……...

BL. …………..................……… et. ………...….........…..… apt. ……….........…………

Тел./Факс ………………………………………...................………….......................…..









9.

 





Applied dokumenti1

 





    a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register certificate from the respective territorial Directorate of the National Revenue Agency for the presence or absence of debts to the date of submission of the application

    certificate from the municipality of registration of the enterprise for the presence or absence of debts to the date of submission of the application

    certificate of criminal record of the person or of the person representing the legal person

    certified copies of insurance or bank documents under art. 74, al. 2, item 7

    a certified copy of the rules of procedure under art. 74, al. 2, item 8

    other documents in accordance with the legislation of the State of registration









 10.

 

 

 





Way of obtaining individual administrative akt2

 

 





    Through a licensed operator of postal address: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

as I declare that the postal costs are at my expense, payable upon receipt (for internal mail), and I agree the documents to be transferred for work.









The individual administrative act to be sent as registered mail: internal

    domestic courier shipment

    International registered mail after the price for postal services Private









11.





Applicant:





………….….……………………….............................…………………………

(name, signature, stamp)









12.





Date:





………….….……………………….............................…………………………

(name, signature, stamp)











 

1 Mark with an "x" documents that are submitted.

2 Mark with an "x" the selected option. "

Transitional and final provisions

§ 48. Contracts concluded under the repealed art. 36 (b), art. 42, para. 1, art. 42 a, art. 45, art. 52, para. 2, art. 53 and art. 55 (b), (c) retain the action until they expire.

§ 49. Contracts concluded by the order of art. 51 and art. 55 (a) until the entry into force of this law shall have effect until the expiry of their term.

§ 50. The provision of art. 51 shall apply for the period of validity of Regulation (EC) No 651/2014 and for the periods of validity of regulations which amend, supplement or replace.

The law was passed by the National Assembly-43 on 11 December 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

8172