Law Amending And Supplementing The Law On Promotion Of Employment

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

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Name of law Law amending and supplementing the law on promotion of employment Name of Bill WALL of law to promote employment acceptance date 26/05/2013 number/year 2013 official journal Decree No 70/160

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 HLIÌ National Assembly on July 26, 2013

Issued in Sofia on August 1, 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Zinaida Zlatanova

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 and St. 15 of 2013)

§ 1. In art. 7 and create al. 3:

"(3) for the purposes of the implementation of the State employment policy Minister of labour and social policy, the Minister of education and science and the Executive Director of an employment agency shall exchange information on conditions and in accordance with procedures laid down in the agreement concluded between the Minister of labour and Social Affairs and the Minister of education and science agreement."

§ 2. In art. 15 Finally, item 5 shall be added "and for decisions under art. 72 b, para. 5 and art. 74 (b), para. 3. "

§ 3. In art. 16 item 15 shall be replaced by the following:

"15. the costs of orders and contracts on the procedures of direct provision of grant by priority axis 1" promoting economic activity and development of the labour market, promoting inclusion "and 2" increased productivity and adaptability of employees "of the operational programme" human resources development ", when these costs are verified by the managing authority are paid and are eligible under this law."

§ 4. In chapter three, "the financing of active employment policy" creates art. 16A:

 "Art. 16. (1) the allocation of funds to promote employment in accordance with this law is implemented in the form of de minimis aid schemes, where applicable, in compliance with the provisions of Regulation (EC) No 1998/2006 of 15 December 2006 on the application of art. 87 and 88 of the Treaty to de minimis aid and regulations which amend, supplement or replace.

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

(3) the conditions and procedures for the allocation of the resources of the Al. 1 shall be determined by the regulation for implementation of the law. "

§ 5. In art. 20, para. 4 item 3 shall be repealed.

§ 6. In art. 30 and the following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) point 9 is replaced by the following:

"9. scholarship, transport and accommodation costs of unemployed persons participating in motivational training, literacy training, acquisition of professional qualifications or of key competences – for the duration of the training;"

b) point 19 shall be replaced by the following:

"19. monitor under art. 41 and 55 g; ".

2. in the Al. 2, 11, after the words "measure" is added "art. 41 and ".

§ 7. Create art. 36A and 36B:

"Art. 36. For each revealed job employed part-time unemployed person at age 29 with continuously maintained register not less than 12 months, 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 12 months.

Art. 36 (b) (1) for each workplace, revealed that an unemployed person is employed to 29 years of age completed secondary or higher education and no work experience, directed by the Division of employment agency for job according to the acquired level of education or training, 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 less than 6 and no more than 18 months.

(2) the amounts referred to in paragraph 1. 1 are provided at a rate 30 percent for the first six months, 50 per cent for the period from the seventh to the twelfth month, including 75 per cent for the remaining period. "

§ 8. In chapter six, section III is creating art. 41A:

"Art. 41. (1) for each revealed job employed full or part-time apprenticeship an unemployed person to 29 years of age with primary or lower education and without qualification, 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 12 months.

(2) the employer is required at the time of apprenticeship under para. 1 to provide training to the employee in the workplace by a mentor.

(3) Mentor is a person from the same company, which trains in the course of work the employee under paragraph 1. 1 in the profession or craft and holds a qualification, attested by a document, and a minimum of three years of work experience in the same occupation or trade.

(4) The employer who retains rented employment apprenticeship an unemployed person under par. 1 for an additional period equal to the period of the subsidy amounts are provided for mentors in accordance with art. 30 (a), para. 2 and the additional period.

(5) the coach receives amounts pursuant to art. 30 (a), para. 2 for the duration of the coaching, but for not more than 24 months. "

§ 9. In art. 55 (d) is hereby amended as follows:

1. In paragraph 8. 2 the words "another employee (monitor) ' shall be replaced by" Mentor ".

2. Paragraph 3 shall be amended as follows:


"(3) Mentor is a person from the same company, which trains in the course of work the employee under paragraph 1. 1 in the profession or craft and holds a qualification, attested by a document, and a minimum of three years of work experience in the same profession or craft. "

3. Paragraph 5 shall be amended as follows:

"(5) the coach receives amounts pursuant to art. 30 (a), para. 2 for the duration of the coaching, but for not more than 24 months. "

§ 10. 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, if you meet one of the following conditions:

1. operate in the primary production of agricultural products listed in annex I to the Treaty on the functioning of the European Union;

2. operate in the processing and marketing of agricultural products listed in annex I to the Treaty on the functioning of the European Union;

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

4. operate in the industry, "fisheries and aquaculture under Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products;

5. have the required public obligations;

6. 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";

7. are the firms in difficulty.

(2) 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.

(3) the employer shall use the nas″rčitelnite measures under art. 36, 43, 50, 51, art. 52, para. 1, art. 53, 53A, 55, 55A, 55 (b) and 55 in the if provides employment of unemployed targeted by the employment agency for a further period equal to the period of subsidization.

(4) each revealed a workplace under art. 36, 37, 43, 50, 51, art. 52, para. 1, art. 53, 53A, 55, 55A, 55 (b), 55 and 55 in e can be appointed successively more than one unemployed persons directed by an employment agency under the conditions and in accordance with procedures laid down by the regulation for implementation of the law.

(5) the creation of employment under art. 36, para. 1, art. 36A, 36B, 43, 50, 51, 53, 54, 55, 55A, 55 (b) and 55 in is subsidized, if in the last three months, the employer is not freed employees employed on jobs for the same posts, of which hire unemployed persons.

(6) an employer who has not kept the jobs according to para. 3, recovering the sums received by the legal interest except in the cases laid down by the regulation for implementation of the law.

(7) 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. "

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

1. Paragraph 3 is replaced by the following:

"(3) the unemployed under art. 63, t. 1, involved in the training of adults, are paid fellowship and means of transport and housing under conditions and by an order determined by the regulation for implementation of the law. "

2. paragraph 4 is hereby repealed.

§ 12. In art. 68 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2, 3 and 4:

"(2) for the implementation of activities under para. 1 the Ministry of labour and social policy, maintain and develop the network of employment and Social Affairs in relevant overseas representative offices of the Republic of Bulgaria.

(3) in the Al. 2 work on secondment officers of the Ministry of labour and social policy with temporary diplomatic status in accordance with the law on diplomatic service.

(4) by decision of the Minister of labour and social policy, lay down the conditions and procedures for the implementation of the activities of the labour and Social Affairs. "

§ 13. In art. 71, para. 1 item 4 shall be repealed.

§ 14. Create art. 72 (b), 72 and 72:

"Art. 72B. (1) the work permit under art. 70 shall not be issued as a separate document, and is contained in a Single work and residence permit, issued by the Ministry of Interior in accordance with art. 24 and of the law on foreigners in the Republic of Bulgaria, for foreigners – third-country nationals who:

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

2. under the law on foreigners in the Republic of Bulgaria and the requirements of the EU have a valid residence permit in the territory of the Republic of Bulgaria in accordance with Regulation (EC) 1030/2002 of 13 June 2002 laying down a uniform format for residence permits to third parties for purposes other than employment;

3. by virtue of this law and the requirements of the EU have a valid work permit.

(2) the conditions and the procedure for the issuance, renewal, cancellation and withdrawal of a Single work and residence permit under para. 1 shall be determined by the regulation for implementation of the law on foreigners in the Republic of Bulgaria.

(3) the employment agency provides written decision to pursue the issue of employment for a Single work and residence permit by the Ministry of the Interior.

(4) the conditions and procedures for the granting, refusal or withdrawal of the decision on para. 3 shall be determined by the Ordinance under art. 74, para. 1.

(5) for the granting and extension of the decision on para. 3 the employer shall submit a fee $ 400.


Art. 72. (1) the exercise of employment of workers – foreigners from third countries, in the Republic of Bulgaria on the basis of a single work and residence permit in accordance with the Bulgarian labor and employment law, and under the conditions of art. 71, para. 1, item 1 – 3.

 (2) the holder of a single work and residence permit have the right to be informed about the authorization rights.

Art. 72. (1) the holder of a single work and residence permit is on a par of Bulgarian citizens in respect of:

1. the rights under art. 74 in, al. 2, item 1-8;

2. rights of use of tax benefits under the conditions and pursuant to the law on taxes on the income of natural persons.

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

§ 15. Article 74 (a) shall be replaced by the following:

"Art. 74. (1) Where the employment of aliens for the purposes of highly qualified employment authorization shall not be granted under art. 70, which is contained in a single work and residence permit type "EU blue card", issued by the Ministry of Interior in accordance with chapter three "b" of the law on foreigners in the Republic of Bulgaria.

(2) the conditions and the procedure for the issuance, renewal, cancellation and withdrawal of the EU blue card shall be determined by the regulation for implementation of the law on foreigners in the Republic of Bulgaria. "

§ 16. In art. 74 (b) is hereby amended as follows:

1. In paragraph 8. 1 the words "written approval" shall be replaced by ' written decision ".

2. in the Al. 2 and 3 the word "authorization" is replaced by "decision".

§ 17. In art. 74 in the following modifications are made:

1. In paragraph 8. 1 the words "item 1, 3 and 4" shall be replaced by "paragraphs 1 and 3.

2. in the Al. 6 the words "item 2, 3, 5, 6 and 7 ' shall be replaced by ' 2-7 '.

§ 18. In art. 74 (d) is hereby amended as follows:

1. In paragraph 8. 2 the words "written approval" shall be replaced by ' written decision ".

2. in the Al. 3 the word "Authorization" is replaced by "Decision".

§ 19. In art. 74 (e), para. 2 the words "permission on the change" shall be replaced by "decision on changing".

§ 20. In the additional provisions the following amendments and additions:

1. In paragraph 1:

and so is created) 14A:

"14A." worker-alien from a third country "means a third-country national who is permitted to reside and work in the territory of the Republic of Bulgaria as an employed by a local employer person.";

(b)) that are created and 36A 36B:

"36A." a single work and residence permit is the document specified in § 1, item 1 (e) of the additional provisions of the law on foreigners in the Republic of Bulgaria, released on worker-alien from a third country, subject to the single application procedure.

36B. "single application procedure" means the procedure set out in § 1, item 1 of the additional provisions of the law on foreigners in the Republic of Bulgaria. "

in item is created) 42:

"42." in difficulty "is an undertaking within the meaning of § 1, item 30 of the additional provisions of the law on corporate income tax."

2. In paragraph 1 (b), the words ' and 72 ' shall be replaced by ' 72 – 72 ".

3. § 1 in paragraph 3 shall be established:

"3. the 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)."

Final provisions

§ 21. In the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend. and Suppl., vol. 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 and St. 16, 23 and 52 by 2013) make the following changes and additions:

1. an art. 24 and:

"Art. 24. (1) a permit for long-term residence and work type "Single work and residence permit" may receive foreigners who fulfil the conditions for obtaining a work permit within the meaning of the Act on promotion of employment and who have a visa under art. 15, para. 1 residence permit or otherwise in accordance with Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.

(2) the residence permit and work type "Single work and residence permit" may 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 on the application of a single application procedure and in accordance with procedures determined by the regulation for implementation of the law.

(4) the holder of the single authorisation shall be issued a residence permit 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" is noted "a single work and residence permit". "

2. In art. 25, para. 1 item 5 shall be amended as follows:

5. "who have resided legally and continuously in the territory of the Republic of Bulgaria within the last 5 years prior to the filing of the application for permanent residence and for this period have not been absent for more than 30 months old, as in the cases under art. 24 in only half the time of residence; ".

3. In art. 26, al. 2, after the words "24 's" insert "24 h, 24".


4. In art. 33, para. 3, after the words "pursuant to para. 2 "there shall be added" or single work and residence permit under art. 24 and ".

5. In art. 33 k: a) in the Al. 2, first sentence, the words ' after permission from ' shall be replaced by ' after the decision ";

(b)) in the Al. 4, after the words "shall issue" insert "in the application of a single application procedure and";

the Al is created.) 5:

"(5) the holder of the EU blue card shall be issued a residence permit 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 "is marked" EU blue card ".

6. In art. 39A, al. 1, item 4, after the word "entry" insert "and" residence.

7. In art. 40, para. 1, item 1, after the words "24 's" insert "24 h, 24".

8. In art. 42, para. 2, after the word "entry" insert "and" residence.

9. in art. 42 (h): a) paragraph 1 shall be amended as follows:

(1) a prohibition on entry and residence in the territory of the Member States of the European Union, it is necessary, when:

1. There are grounds under art. 10, para. 1;

2. is not granted a period for voluntary departure under the conditions of art. 39 b, para. (4);

3. the alien does not fulfil the obligation to return ";

(b)) in the Al. 3 everywhere after the word "entry" insert "and" residence.

10. In art. 44: a) in the Al. 4, paragraph 2, after the word "entry" insert "and" residence;

(b)) paragraph 8 shall be replaced by the following:

"(8) the placement continues until the circumstances under para. 6, but not more than 6 months. The presence of the grounds for involuntary placement in a special home is carried out monthly business checks by the competent authorities under paragraph 1. 1 jointly with the Director of the Directorate for Migration ". In exceptional cases, where the person refuses to assist the competent authorities, or there is a delay in obtaining the necessary documents for the forced removal or expulsion, the period of placement may be extended up to an additional 12 months. When in view of the specific circumstances of the case it is established that there is no reasonable opportunity for legal or technical reasons for the forced removal of the alien, the person shall be released immediately. "

11. in art. 46, para. 2, item 2, after the word "entry" insert "and" residence.

12. in the additional provisions in § 1 shall create item 1 (e) and 1 is:

"1 d" Single work and residence permit "means a document with an indication" a single work and residence permit, which authorizes both reside and work in the territory of the Republic of Bulgaria of foreigners from third countries.

1. "single application procedure" means the procedure whereby after the employer submitted a single application for the authorisation of residence and work of a third-country national shall take a decision on this application. "

§ 22. With the law on foreigners in the Republic of Bulgaria introduced the requirements of 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) and 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).

§ 23. 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 and 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 and St. 23 by 2013) in art. 59, para. 2 establishes that:

7. a single work and residence permit — issued by the authorities of the Ministry of the Interior with the period of validity of one year in accordance with the requirements of Regulation (EC) No 1030/2002, such as the type of authorization ' is replaced by ' single work and residence permit, "and in the" Note "notes the condition of access to the labour market."

§ 24. The law on vocational education and training (official SG. 68 of 1999; amend., issue 1 and 108 of 2000, 111/2001, 103/120 and by 2002, no. 29 of 2003, no. 28, 77 and 94 since 2005, no. 30 and 62 of 2006; Corr. 63/06; amend. , PC. 13 and 26 of 2008, PCs. 36 and 74 from 2009, PCs. 50 and 97 from 2010, PC. 66 by 2013) the following modifications are made:

1. In art. 8: a) in the Al. 4, paragraph 1 (b) shall be replaced by the following:

"(b)) completed initial phase of basic education or have successfully completed a course for literacy, organized by schools in the public education system in accordance with the law on promotion of employment or under the conditions and by the order of programmes and projects financed with funds from the European structural funds – for persons over the age of 16 years;"

(b)) in the Al. 5, item 1 (b) shall be replaced by the following:

"(b)) early stages of basic education or have successfully completed a course for literacy, organized by schools in the public education system in accordance with the law on promotion of employment or under the conditions and by the order of programmes and projects financed with funds from the European structural funds – for persons over the age of 16 years;".

2. In art. 12 item 1 shall be amended as follows:


"1. the programs and lasting up to 1 year for persons with completed at least an initial stage of primary education or the successful completion of a course for literacy, organized by schools in the public education system in accordance with the law on promotion of employment or under the conditions and by the order of programmes and projects financed with funds from the European structural funds;".

3. In art. 14 al. 4 shall be amended as follows:

"(4) the incoming education level of the applicant's grade of primary or secondary education, degree of education or have successfully completed a course for literacy, organized by schools in the public education system in accordance with the law on promotion of employment or under the conditions and by the order of programmes and projects financed with funds from the EU structural funds required for the acquisition of the appropriate degree of professional qualification.

§ 25. (1) paragraph 14, § 20, item 2 and 3, § 21, item 1, 3, 4 and 7, § 22 and 23 shall apply from 24 December 2013.

(2) paragraph 21, point (6), (8), item 9 (b), item 10 (a) and 11 come into force on the date of entry into force of the decision of the Council of the European Union for full implementation by the Republic of Bulgaria of the Schengen acquis.

The law was adopted by the 42nd National Assembly on 26 July 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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