Law Amending The Labour Code

Original Language Title: Закон за изменение и допълнение на Кодекса на труда

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15433/

Name of law
Law amending the Labour Code




Name Bill
Amendment of the Labour Code





Date of adoption
02/07/2015



Number / year Official Gazette
54/2015







DECREE № 124
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Labour Code, adopted by HLIІI National Assembly on July 2, 2015
released in Sofia on July 9, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Act amending the Labour Code (prom. SG. 26 and 27 of 1986 .; amend., SG. 6 1988 No.. 21, 30 and 94 of 1990, pcs. 27, 32 and 104 of 1991, pcs. 23, 26, 88 and 100 of the 1992 .; Decision № 12 of the Constitutional Court from 1995 - pcs. 69 1995 .; amend., SG. 87 of 1995, pcs. 2, 12 and 28 of 1996 pcs. 124 of 1997, pcs. 22 1998 .; Decision № 11 the Constitutional Court of 1998 - SG. 52 of 1998 .; amend., SG. 56, 83, 108 and 133 in 1998, pcs. 51, 67 and 110 of 1999, pcs. 25 2001 SG. 1, 105 and 120 of 2002, pcs. 18, 86 and 95 of 2003, SG. 52 of 2004, pcs. 19, 27, 46, 76, 83 and 105 of 2005 SG. 24, 30, 48, 57, 68, 75, 102 and 105 of 2006, pcs. 40, 46, 59, 64 and 104 of 2007, pcs. 43, 94, 108 and 109 2008, pcs. 35, 41 and 103 of 2009, pcs. 15, 46, 58 and 77 of 2010 .; Decision № 12 of the Constitutional Court from 2010 - SG. 91 of 2010 .; amend., SG. 100 and 101 of 2010, pcs. 18, 33, 61 and 82 of 2011, pcs. 7, 15, 20 and 38 of 2012 .; Decision № 7 of the Constitutional Court from 2012 - pcs. 49 of 2012 .; amend., SG. 77 and 82 of 2012, pcs. 15 and 104 of the 2013 issue. 1, 27 and 61 of 2014)
§ 1. In art. 3 create par. 3 and 4:
"(3) matters covered by par. 1 may be concluded agreements between representative organizations of workers and employers to adopt regulations when:
1. Agreement was concluded at their request after consideration of the State;
2. the state has proposed agreement.
(4) The implementation of the agreements under par. 3 is performed by the state. "
§ 2. A Art. 114a:
"Employment contract for short-term seasonal agricultural work
Art. 114a. (1) Employment contract for short-term seasonal agricultural work may be concluded between the worker and registered farmer to work for one day, that time is not recognized as work experience.
(2) a worker may conclude contracts for a total of no more than 90 days per calendar year.
(3) The employment contract under par. 1 may be concluded for professions that do not require special qualifications in basic economic activities "Crop" - only processing plantation and harvesting of fruits, vegetables, pink and lavender.

(4) The employment contract under par. 1 details of the parties, place of employment, job title, rate of pay, the date of execution of work, duration, start and end of the workday. The duration of working time is equal to the full statutory period.
(5) The remuneration is paid personally to the employee against receipt at the end of the workday.
(6) Upon conclusion and termination of the employment contract under par. 1 shall not apply to art. 62, para. 3 and 4, Art. 127, para. 1 pt. 4 and art. 128a para. 3.
(7) The terms and procedures for granting, recording and reporting of contracts to labor inspection are determined by the Minister of Labour and Social Affairs agreed with the Governor of the National Social Security Institute and executive director of the National Agency revenue. The ordinance is approved and a model employment contract under par. 1.
(8) Workers who perform labor under par. 1 are provided in the terms and conditions set out in the Social Security Code and the Law on Health Insurance. "
§ 3. A Art. 128b:
"the duty of the employer to conduct an employment record of the employee
Art. 128b. (1) The employer is obliged to keep employment record of each employee.
(2) The employment record of the employee is created when starting work and it kept the documents relating to the formation, existence, modification and termination of employment.
(3) The employee is entitled to receive certified copies of the documents held under Art. 128a. "
§ 4. In art. 136a para. 1 second sentence is deleted.
§ 5. In art. 139 be made the following amendments:
1. A new paragraph. 3:
"(3) In the cases under par. 2 timeless presence of mandatory employee can work out not worked daily working time in the next or on other days of the same week. The manner of reporting on working time is governed by the regulations for internal labor order now. "
2. Former para. 3 becomes para. 4.
§ 6. In art. 140, para. 2 word "juvenile" is deleted and after the word "employees" insert "under 16 years".
§ 7. In art. 161 be made the following amendments:
1. A new paragraph. 2:
"(2) time or unpaid sabbaticals under par. 1 respecting seniority. "
2. Former para. 2 and 3 shall become para. 3 and 4.
§ 8. In art. 164 par. 1 is amended as follows:
"(1) After using the leave for pregnancy, childbirth or adoption, if the child is not in kindergarten, the employee is entitled to additional leave for raising a child until the age of 2 years his age. "
§ 9. Article 165 is repealed.

§ 10. In art. 167a para. 1, 'and art. 165, para. 1 "are deleted.
§ 11. In art. 172 after the words "whole or in part" a point and the text to the end shall be deleted.
§ 12. Article 173 is amended as follows:
"Order of Service
Art. 173. (1) The annual paid leave is used by the employee with written permission from the employer.
(2) employees who profess religion other than Orthodox, the employer is obliged to authorize their choice use of paid annual leave or unpaid leave under Art. 160, para. 1 for the days of the religious holidays, but no more than the number of days for Orthodox religious festivals of art. 154.
(3) days for religious holidays of religions other than the Orthodox are determined by the Council of Ministers on a proposal from the official leadership of the respective religion.
(4) The employer has the right to provide paid annual leave the employee without his consent during a stay more than 5 working days, using the leave simultaneously by all employees, as well as in cases where the worker employee after a call from the employer has not requested leave until the end of the calendar year for which they are entitled.
(5) The employee uses paid annual leave by the end of the calendar year to which it relates. The employer is obliged to allow paid annual leave the employee by the end of the calendar year, unless its use is deferred pursuant to Art. 176. In this case, the employee is provided use of at least half of its fair calendar year paid annual leave. "
§ 13. In art. 174 words "para. 7 of the preceding Article "are replaced by" Art. 173, para. 4 ".
§ 14. Article 176 is amended as follows:
"Postpone the use
Art. 176. (1) The use of paid annual leave may be postponed for the next calendar year:
1. employer - due to important production reasons under the condition of art. 173, para. 5, third sentence;
2. employee - when using another type of leave or at its request with the consent of the employer.
(2) Where leave is postponed or not taken by the end of the calendar year to which the employer is obliged to ensure its use in the next calendar year but not later than six months from the end of the calendar year for which they are entitled.
(3) Where the employer has not authorized the use of leave in the cases and terms under par. 2, the employee has the right to define the time of its use, and notify the employer in writing at least 14 days in advance. "

§ 15. In art. 176a para. 2 words "para. 4 "are replaced with" para. 1 ".
§ 16. In art. 192, para. 1 the word "person" is replaced by "an official with managerial functions."
§ 17. In art. 230 made the following amendments:
1. In para. 1, first sentence, the word "student" is replaced by "employee".
2. In para. 2, second sentence finally added "at that time is determined according to the school curriculum." 3
. A new paragraph. 3:
"(3) The employment contract conditional on training for students in vocational schools and vocational schools shall be concluded under Chapter XV, Section I."
4. Former para. 3 becomes para. 4 and in it in the first sentence the word "student" is replaced by "employee".
5. Former para. 4 becomes para. 5 and in it the word "student" is replaced by "employee".
§ 18. In art. 231 is amended as follows:
1. In para. 1, first sentence, the word "student" is replaced by "employee".
2. In para. 2, first sentence, the word "student" is replaced by "employee". 3
. In para. 3 everywhere the word "student" is replaced by "employee".
§ 19. In art. 232 is amended as follows:
1. In para. 1 the word "student" is replaced by "employee" and the word "student" is replaced by "employee".
2. In para. 2 the word "student" is replaced by "employee". 3
. In para. 3 the word "student" is replaced by "employee".
§ 20. Article 277 is repealed.
§ 21. In art. 327, para. 1 created item. 12:
"12. has become entitled to retirement age. "
§ 22. In art. 328, para. 1 p. 10 is amended as follows:
"10. with entitlement to pension and age, at the age of 65 years - for professors, associate professors and doctors of science, except in cases of § 11 of the transitional and final provisions of the Higher Education Act; ".
§ 23. In art. 402, para. 3 words "Art. 404, para. 4 "are replaced by" Art. 404, para. 5 ".
§ 24. In art. 404 be made the following amendments:
1. In para. 1 pt. 3 finally added "to put a special mark indicating administrative coercive measure, in his unauthorized removal is liable to administrative responsibility."
2. A new paragraph. 2:
"(2) The Minister of Labour and Social Policy established by an ordinance setting rules and graphical representation of the mark under par. 1, p. 3. "
third. Former para. 2 becomes para. 3 and in her words "item. 1 of the preceding paragraph "shall be replaced with" para. 1 pt. 1 ".
4. Former para. 3 becomes para. 4 and the words "preceding subparagraph" shall be replaced with "para. 3 '.
5. Former para. 4 and 5 become par. 5 and 6.
§ 25. In the additional provisions created § 2a:
"Applicability to labor relations in micro and small enterprises

§ 2a. The provisions of Art. 136a art. 138a and Art. 181 shall not apply to micro and small enterprises. "
Final provisions
§ 26. In the Social Security Code (prom. SG. 110 of 1999 .; Decision № 5 of the Constitutional Court of 2000 . - SG. 55 of 2000 .; amend., SG. 64 of 2000, pcs. 1, 35 and 41 of 2001, pcs. 1, 10, 45, 74, 112, 119 and 120 of 2002 SG. 8, 42, 67, 95, 112 and 114 of 2003, pcs. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, pcs. 38, 39 , 76, 102, 103, 104 and 105 of 2005, pcs. 17, 30, 34, 56, 57, 59 and 68 of 2006 .; corr. SG. 76 of 2006 .; amend. No. . 80, 82, 95, 102 and 105 of 2006, pcs. 41, 52, 53, 64, 77, 97, 100, 109 and 113 in 2007, pcs. 33, 43, 67, 69, 89 , 102 and 109 of 2008, pcs. 23, 25, 35, 41, 42, 93, 95, 99 and 103 of 2009, pcs. 16, 19, 43, 49, 58, 59, 88, 97 , 98 and 100 of the 2010 .; Decision № 7 of the Constitutional Court from 2011 - SG. 45 of 2011 .; amend., SG. 60, 77 and 100 in 2011, pcs. 7, 21, 38 40, 44, 58, 81, 89, 94 and 99 of 2012, pcs. 15, 20, 70, 98, 104, 106, 109 and 111 of the 2013 issue. 1, 18, 27, 35, 53 and 107 of the 2014 issue. 12, 14 and 22 of 2015) the following amendments:
1. In art. 4:
a) a new para. 10:
"(10) The persons under Art. 114a para. 1 of the Labour Code, subject to insurance for disability due to sickness, old age and death and occupational accidents and disease. "
B) the previous paragraph. 10 becomes para. 11.
2. In art. 4a para. 5 the words "Art. 4 para. 10 "shall be replaced with" Art. 4 para. 11 ". 3
. In art. 6 para. 10 pt. 1 shall be added "and 10".
4. In art. 7, the par. 13:
"(13) Contributions to state social insurance for persons under Art. 114a para. 1 of the Labour Code shall be paid in advance on no less than the minimum monthly insurance income under Art. 6 para. 2 item. 3. "
5. In art. 9, para. 1, p. 1 after the words "Art. 4 para. 1 pt. 1 "is added" and par. 10 '.
6. In art. 42 new paragraph. 4:
"(4) Cash benefits for temporary disability due to accident and occupational disease for persons under Art. 114a para. 1 of the Labour Code shall be paid for the period of incapacity but for not more than 90 calendar days. "
7. In art. 54a para. 1, p. 3, after the words "under this Code" a comma and add "except for persons under Art. 114a para. 1 of the Labour Code. "
8. In art. 54e, para. 1, p. 1 after the words "under this Code" a comma and add "except for persons under Art. 114a para. 1 of the Labour Code. "
9. In art. 70a para. 1 the words "Art. 4 para. 1 and par. 3 pt. 5 and 6 "shall be replaced with" Art. 4 para. 1, para. 3 pt. 5 and 6 and par. 10 '.

§ 27. In the Health Insurance Act (prom. SG. 70 of 1998 .; amend., SG. 93 and 153 in 1998, pcs. 62, 65, 67, 69, 110 and 113 1999 pcs. 1 and 64 of 2000, pcs. 41 2001 pcs. 1, 54, 74, 107, 112, 119 and 120 of 2002, pcs. 8, 50, 107 and 114 in 2003, pcs. 28, 38, 49, 70, 85 and 111 of 2004, pcs. 39, 45, 76, 99, 102, 103 and 105 of 2005, pcs. 17 18, 30, 33, 34, 59, 80, 95 and 105 of 2006, pcs. 11 2007 .; Decision № 3 of the Constitutional Court from 2007 - SG. 26 of 2007 .; amend. pcs. 31, 46, 59, 97, 100 and 113 in 2007, pcs. 37, 71 and 110 of 2008, pcs. 35, 41, 42, 93, 99 and 101 of the 2009 issue. 19, 26, 43, 49, 58, 59, 62, 96, 97, 98 and 100 in 2010, pcs. 9, 60, 99 and 100 in 2011, pcs. 38, 60, 94, 101 and 102 of 2012, pcs. 4, 15, 20, 23 and 106 of 2013, pcs. 1, 18, 35, 53, 54 and 107 of 2014 pcs. 12 and 48 of 2015) Art. 40, para. 1, p. 1 after the words "Art. 4 para. 1 "is added" and 10 ".
§ 28. In the Law on Employment Promotion (Prom. SG. 112 of 2001 .; amend., SG. 54 and 120 of 2002, pcs. 26, 86 and 114 of 2003 No.. 52 and 81, 2004, issue. 27 and 38, 2005, pcs. 18, 30, 33 and 48, 2006, issue. 46 of 2007, pcs. 26, 89 and 109 2008, pcs. 10, 32, 41 and 74 of 2009, pcs. 49, 59, 85 and 100 of 2010, pcs. 9 and 43 in 2011, pcs. 7 2012 No.. 15, 68 and 70 of 2013 pcs. 54 and 61 of 2014) in art. 20 be made the following amendments:
1. In para. 3 p. 4 shall be amended as follows:
"4. start work and are insured or subject to insurance under Art. 4 of the Social Security Code with the exception of persons under Art. 4 para. 10 of the Social Security Code or on the basis of employment are governed by the laws of another state - member of the European Union or another country - party to the European Economic Area. "
2. A par. 10:
"(10) Persons who have taken work of art. 114a of the Labour Code, inform the Directorate "Labour" and declare the amount of the consideration received by the 5th day of the month following the month in which the work is done. "
§ 29. In the Law on Civil Servants (published . SG. 67 of 1999 .; amend. No.. 1 2000, pcs. 25, 99 and 110 of 2001, pcs. 45 2002 pcs. 95 2003 SG. 70 of 2004, No. 19 of 2005, pcs. 24, 30 and 102 of 2006, pcs. 59 and 64 of 2007, pcs. 43, 94 and 108 of 2008 No.. 35, 42, 74 and 103 of 2009, pcs. 15, 46, 58, 77 of 2010 .; Decision № 12 of the Constitutional Court from 2010 - SG. 91 of 2010 .; amended. SG. 97 of 2010, pcs. 1, 18 and 100 in 2011, pcs. 15, 20, 38 and 82 of 2012, pcs. 15 and 68 of 2013 pcs. 14 and 24 from 2015) in art. 51 create par. 3 and 4:
"(3) administrations, the organization of work permits, may establish time variable limits. The time during which the civil servant must be working in the administration, is determined by the appointing authority.
(4) Where a paragraph. 3 timeless presence of compulsory civil servant can work out daily working hours on certain days in the next or another day of the same week. The manner of reporting on working time is determined by the Rules of the administration. "
§ 30. This Act shall enter into force on the day of its promulgation in the" Official Gazette ".

The law was adopted by the 43rd National Assembly on July 2, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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