Law Supplementing The Labour Code

Original Language Title: Закон за допълнение на Кодекса на труда

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Name of law
Law supplementing the Labour Code




Name Bill
A bill amending the Labour Code





Date of adoption
20/11/2013



Number / year Official Gazette
104/2013







DECREE № 233
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law supplementing the Labour Code adopted by HLIІ National Assembly on November 20, 2013 Released in
Sofia on November 27, 2013
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice: Zinaida Zlatanova

Act supplementing the Labour Code (prom. SG. 26 and 27 of 1986 .; amend., SG. 6 1988, issue . 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 of the Constitutional Court 1998 - SG. 52 of 1998 .; amend., SG. 56, 83, 108 and 133 in 1998, pcs. 51, 67 and 110 of 1999, pcs. 25 2001 No.. 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 No.. 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 of 2008 SG. 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 .; amended. No.. 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 and No.. 15 of 2013)
§ 1. A Art. 164b:
"Leave in adoption from 2 to 5 years old
Art. 164b. (1) A female employee who adopts a child aged less than 2 years of age, in terms of full adoption, is entitled to leave for a period of 365 days from the date of delivery of the child for adoption, but no later than age 5 -year-old his age.
(2) The leave under par. 1 with the consent of the adopter can be used by the adoptive parent after the expiry of six months from the date of delivery of the child for adoption, but no later than age 5-year old.
(3) The time during which the adoptive leave benefits under par. 2 leave to adoptive interrupted.
(4) The right to leave under the terms and in the amounts under par. 1 has an employee when alone has adopted child.
(5) The leave under par. 1, 2 and 4 shall not be used in case of death of the child, termination of adoption, and when the child attends kindergarten, including nursery or school.
(6) During the leave under par. 1, 2 and 4 of the adopter (adoptive) paid monetary compensation under conditions and in amounts determined in a separate law. The time during which the leave benefits shall be recognized as length of service.

(7) The procedure and manner of use of maternity par. 1, 2 and 4 shall be determined by an ordinance of the Council of Ministers. "
Final provisions
§ 2. In the Social Security Code (prom. SG. 110 of 1999 .; Decision № 5 of the Constitutional Court 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 2002 pcs. 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 amended .; ., 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 and 98 of 2013) creates art. 53a:
"Compensation for adoption from 2 to 5 years old
Art. 53a. (1) The insured for sickness and maternity person 12 months of pensionable service as provided for this risk and benefit leave, adoption of a child from 2 to 5 years of age in terms of full adoption, is entitled to compensation at the rate determined in accordance with Art. 49 to 365 days, but no later than age 5-year old.
(2) Cash compensation under par. 1 is not paid upon the death of the child, termination of adoption, and when the child attends kindergarten, including nursery or school.
(3) Self-employed persons who are insured for sickness and maternity benefits and have 12 months of pensionable service as provided for this risk are entitled to monetary compensation in adoption from 2 to 5 years of age in the terms and the conditions under par. 1 and 2. "
§ 3. This Act shall enter into force on January 1, 2014
law was adopted by the 42 th National Assembly on November 20, 2013 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Mihail Mikov
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