Law Amending And Supplementing The Labour Code

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Name of law Law amending and supplementing the Labour Code Name of Bill a bill amending and supplementing the Labour Code acceptance date 12/03/2014 number/year Official Gazette 27/2014 Decree No 52

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 Labour Code adopted by the National Assembly of HLIÌ 12 March 2014.

Issued in Sofia on 20 March 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending the labour code (promulgated, SG. 26 and 27 of 1986; amend., no. 6 of 1988, no. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, no. 23, 26, 88 and 100 from 1992; decision No 12 of the Constitutional Court from 1995-69/1995; amend. , PC. 87 of 1995, PCs. 2, 12 and 28 of 1996, PCs. 124 of 1997, PCs. 22 of 1998; Decision of the Constitutional Court No. 11 of 1998 – PCs. 52 of 1998; amend. and Suppl., SG. 56, 83, 108 and 133 of 1998, PCs. 51, 67 and 110 since 1999, issue. 25, 2001 issue. 1, 105 and 120 in 2002, PCs. 18, 86 and 95 of 2003 PCs. 52. Since 2004, PCs. 19, 27, 46, 76, 83 and 105 by 2005, issue. 24, 30, 48, 57, 68, 75, 102 and 105, 2006, issue. 40, 46, 59, 64 and 104 from 2007, PCs. 43, 94, 108 and 109 of the 2008 issue. 35, 41 and 103 of 2009, PCs. 15, 46, 58 and 77 by 2010; Decision of the Constitutional Court No. 12 of 2010 – PCs. 91 by 2010; amend., SG. 100 and 101 of 2010, PC. 18, 33, 61 and 82 by 2011, issue. 7, 15, 20 and 38 by 2012; Decision of the Constitutional Court No 7 by 2012 – PCs. 49 by 2012; amend., SG. 77 and 82 by 2012 PCs. 15 and 104 from 2013 and St. 1 by 2014)

§ 1. In art. 149 al. 2 shall be amended as follows:

"(2) Položeniât overtime during a calendar year, shall report to the Labour Inspectorate by 31 January of the following calendar year. '

§ 2. In art. 230 the following modifications are made:

1. the title shall be replaced by the following: "a condition of the contract of employment with training on the job".

2. Paragraph 1 shall be amended as follows:

' (1) in the contract with the condition for learning on the job, the employer is obliged to train the employee in the course of the work in a particular profession or specialty, and the learner to absorb. Such a contract with the same employee in the same undertaking for the same occupation training may be concluded only once. "

3. in the Al. 3 and 4, the word "student" shall be replaced by "the learner".

§ 3. Article 231 shall be amended as follows:

"Completion of training

Art. 231. (1) the result of teaching contract under art. 230, para. 1 shall be established by examination of the learner, which takes place under conditions and by an order determined by the employer. When training for acquiring of professional qualification examination shall be conducted under the conditions and pursuant to the law on vocational education and training.

(2) upon successful completion of the exam the student is issued a document certifying the acquired knowledge and skills.

(3) upon completion of training, the student is entitled to a paid leave to prepare for and pass an exam at a rate agreed with the employer, but not less than 5 working days. In re pass an exam the student is entitled to unpaid leave in size 5 working days, which is recognized for service. "

§ 4. In art. 232 is amended as follows:

1. the title shall be replaced by the following: "Obligations and liability for breach of the employment contract with the condition for learning on the job".

2. in the Al. 1 the words "Discipleship" are replaced by "under art. 230, para. 1 "and the words" student "," student "shall be replaced respectively with" the learner "," learner ".

3. in the Al. 2 the word "student" shall be replaced by "the learner" and the words "three months" are replaced by "6 months".

4. in the Al. 3 the word "student" shall be replaced by "the learner" and the words "triple the amount of the minimum monthly wage for the country" shall be replaced by the words "six times the amount of the gross salary for the position".

§ 5. Article 233 is amended as follows:

"Applicability of the labour legislation to the labour contract with condition for learning at work

Art. 233. The relations between the parties to the employment contract with the condition for learning at work apply current labor legislation. "

§ 6. Create art. 233 and 235 and 233, b in:

"Training

Art. 233. (1) the Apprenticeship is the performance of work under the mentorship of the employer or the person designated by him – monitor, in order to absorb the practical skills acquired profession or specialty.

(2) Monitor can be a person of the same undertaking which holds qualifications in the same or similar profession, in which the internship is to be carried out, and not less than three years of work experience or professional experience in this profession.

(3) the relationship between the employer and mentor are governed by an additional agreement to the employment contract, which determine the distribution of working time and other conditions for the implementation of the coaching.

Employment contract subject to training

Art. 233 (b). (1) the employer may conclude an employment contract with the condition for training with a person under the age of 29 years, completed secondary or higher education and no work experience or professional experience acquired by him in the profession or specialty.

(2) the Treaty under paragraph 1. 1 is concluded for operation of post which corresponds to the qualifications obtained from the person. Such a contract with one and the same person may be concluded only once.

(3) in the Treaty under paragraph 1. 1 in addition to the conditions under art. 66, para. 1 define the manner and form, through which utilize the practical skills in the process of implementation of labour obligations, the name and job title of the chaplain, the duration of the contract, which may not be less than 6 or more than 12 months, and other conditions related to the internship.

Certification of learning outcomes

Art. in 233. Within 14 days of the termination of the contract under art. 233 (b) the employer shall issue to the person who is stažuvalo, recommendation, certifying the results of training to serve when applying for a job with another employer.

§ 7. In art. 327, para. 2 make the following amendments and additions:

1. a new second sentence: "the application may be sent in the Labour Inspectorate by registered letter with acknowledgement of receipt or by electronic means, subject to the provisions of the electronic document and electronic signature law."

2. the Present second sentence becomes the third sentence.

§ 8. In art. Al 334. 1 shall be amended as follows:

"(1) except in the cases provided for in this code for additional employment contract work (art. 110, 111 and 114) and employment contract with training provided under art. 233 (b), para. 1 may be terminated by the employee or by the employer and with an advance notice of 15 days. "

§ 9. In art. 402 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) the Executive Agency" General Labour Inspectorate "notify the National Revenue Agency for ex officio cancellation of the notified about concluded employment contract when the employer or officer has not fulfilled within enforceable mandatory prescription under art. 404, para. 1, item 11 or, in the cases of art. 404, para. 4. "

2. the Previous para. 3 and 4 become Al respectively. 4 and 5.

§ 10. In art. 404 following amendments and supplements shall be made:

1. In paragraph 8. 1 create item 10 and 11:

10. to give obligatory instructions to employers or their agents by sending notification about concluded employment contract when they find that it is not the deadline under art. 62, para. 3 for it is sent;

11. to give obligatory instructions to employers or their agents by sending a notice of cancellation of the previously sent notification under art. 62, para. 3 for an employment contract concluded, if they find that there is no evidence for the existence of an employment relationship. "

2. a new paragraph. 4:

"(4) the mandatory requirement under para. 1, item 11 is deemed to be served on the day of its issue, where the employer, the person who represents him, or the person designated to receive the correspondence of the employer cannot be found at the registered office of the employer. "

3. The current paragraph. 4 it al. 5.

§ 11. Article 408 shall be repealed.

§ 12. In art. 416 is hereby amended as follows:

1. Paragraph 2 is repealed.

2. Paragraph 4 is replaced by the following:

"(4) in the cases referred to in para. 3 the second sentence of the Act establishing administrative infringement is deemed to be served after the expiry of 7 days from the placement of the message. "

Final provisions

§ 13. In the social security code (promulgated, SG. 110; since 1999 decision No 5 of the Constitutional Court from 2000 – 55/2000; amend., no. 64 of 2000; issue 1, 35 and 41 of the 2001, issue 1, 10, 45, 74, 112, 119 and 120 of 2002, no. 8, 42, 67, 95, 112, and 114 from 2003. , PC. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, PCs. 38, 39, 76, 102, 103, 104 and 105 of the 2005 St. 16, 30, 34, 56, 57, 59 and 68 by 2006; Corr, PCs. 76 of 2006; amend., SG. 80, 82, 95, 102 and 105, 2006, issue. 41, 52, 53, 64, 77, 97, 100, 109 and 113 of 2007, PC. 33, 43, 67, 69, 89, 102 and 109 from 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 by 2010; Decision of the Constitutional Court No. 7 of 2011-PCs. 45 by 2011; amend., SG. 60, 77 and 100 by 2011, issue. 7, 21, 38, 40, 44, 58, 81, 89, 94 and 99 by 2012 PCs. 15, 20, 70, 98, 104, 106, 109 and 111 by 2013 and St. 1 and 18 of 2014) in § 5 of the transitional and final provisions the following modifications are made:

1. In paragraph 8. 3 the words "art. 68, para. 1 "shall be replaced by" art. 68, para. 1 and 2 ".

2. in the Al. 4 everywhere the words "art. 68, para. 2 "are replaced by" article. 68, para. 3. "

§ 14. Paragraph 13 shall apply from 1 January 2014.

The law was adopted by the 42nd National Assembly on 12 March 2014 and is stamped with the official seal of the National Assembly.


President of the National Assembly: Mihail Mikov

1836