Name of law Law amending and supplementing the Labour Code Name of Bill a bill amending and supplementing the Labour Code acceptance date 19/01/2012 number/year official journal 7/2012 Decree No 17
On the grounds of art. 101, para. 3 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 the HLI 15 December 2011, readmitted on 19 January 2012
Issued in Sofia on 23 January 2012.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Diana Kovatcheva
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; 69/1995 – Decision of the Constitutional Court No. 12 of 1995; amend. , PC. 87 of 1995, PCs. 2, 12 and 28 of 1996, PCs. 124 of 1997, PCs. 22 of 1998; PCs. 52 of 1998-decision No. 11 of the Constitutional Court of 1998; amend., 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; PCs. 91 by 2010 – decision No 12 of the Constitutional Court by 2010; amend., SG. 100 and 101 of 2010, PC. 18, 33, 61 and 82 by 2011.)
§ 1. In art. 7 and the following endorsements are added:
1. In paragraph 8. 1, after the words "in" comma, add "including in establishments that provide temporary work" and a comma.
2. in the Al. 3 the second sentence of the last comma and added "including employees dispatched by an undertaking providing temporary work".
§ 2. Article 34 shall be amended as follows:
"Representative organizations of workers and employees
Art. 34. for the representative organization of employees nationally recognized organization that meets the following requirements:
1. to have at least 75 thousand members;
2. has the organisation of employees in more than a quarter of the activities laid down by the code to the second character of the classification of economic activities, approved by the National Statistical Institute, with members not less than 5 per cent of the employees in any economic activity or at least 50 bodies with no less than five articles in each economic activity;
3. to have local authorities in more than a quarter of the municipalities in the country and a national governing body;
4. to have legal personality acquired by the procedure of art. 49, para. 1 for at least three years prior to the submission of the request for recognition of representation. "
§ 3. Article 35 shall be replaced by the following:
"Representative organizations of employers
Art. 35. (1) The employers ' representative organization of nationally recognized organization that meets the following requirements:
1. to unite the industry or sectoral structures and establishments in which are employed not less than 100 thousand persons insured under a contract of employment;
2. employers ' organisations in more than a quarter of the activities laid down by the code to the second character of the classification of economic activities, approved by the National Statistical Institute, with no less than 5 percent of insured persons under an employment contract in any economic activity or 10 articles in each economic activity;
3. to have local authorities in more than a quarter of the municipalities in the country and a national governing body;
4. to have legal personality acquired by the procedure of art. 49, para. 1 for at least three years prior to the filing of the request for recognition of representativeness;
5. not to carry out the activities assigned to it explicitly only by law or normative act.
(2) where an employer is a member, either directly or through the branch or industry organization in two or more national employers ' organizations, in establishing membership in view of the existence of criteria for representativeness under para. 1 item 1, it has one of the following options:
1. authorize with explicit proxy one of national organisations in membership;
2. authorize with explicit proxy branch or industry organization, of which he is a member.
(3) in cases where an interbranch organization or industry employers belong in two or more national employers ' organizations, in establishing membership in al. 1, item 2 in view of the existence of criteria for representativeness it shall be included in the list of this organisation, which is explicitly given proxy to represent it. "
§ 4. In art. 68 following amendments and supplements shall be made:
1. a new paragraph. 6:
(6) fixed-term for the period of a long-term business trip can be concluded for operation of the Office designated for long-term posting in foreign representation of the Republic of Bulgaria abroad under the law on diplomatic service. "
2. the Previous para. 6 and 7 become Al respectively. 7 and 8.
§ 5. In Chapter five after art. 107 p VÌÌÌv section is created with art. 107 p-107 h:
"Section VÌÌÌv
Additional terms and conditions for the performance of work by an undertaking providing temporary work
Employment contract with the undertaking which provides temporary work
Art. 107 q. (1) in the contract with the undertaking which provides temporary work, arranging that the employee will be sent for execution of temporary work in the user undertaking under his direction and control.
(2) the total number of employees, sent by an undertaking providing temporary work in the user undertaking, cannot be more than 30 per cent of the total number of employees at his employees.
(3) may not enter into a contract of employment under para. 1 to send for execution of work:
1. under the conditions of the first and second category;
2. the undertakings relating to the national security and defense of the State;
3. undertakings in which the strike is held.
(4) the contract under paragraph 1. 1 shall be concluded under the conditions and in accordance with section I of this chapter, as follows:
1. to complete a particular job;
2. for the replacement of an employee who is absent from work.
(5) in the employment contract under para. 1 can not negotiate clauses which prohibit or lead to a failure of an employment relationship between the user undertaking and the employee during or after the expiration of the time for which he was sent for execution of work in the user undertaking.
(6) an enterprise, which provides temporary work may not require the employee's payment of a fee for assistance to start work in the user undertaking, as well as at the conclusion of an employment contract or in an employment relationship with a user undertaking before, after or at the time of the work for which it was sent.
(7) Companies that provide temporary work, carry on their activity after registration at the employment agency, under conditions and in accordance with procedures laid down in the law on promotion of employment.
Obligations of the undertaking which provides temporary work
Art. 107. (1) the undertaking which provides temporary work, is required to send notification to the respective territorial Directorate of the National Revenue Agency by the procedure of art. 62, para. 3.
(2) Dispatch under art. 107 p, al. 1 shall be made by a written deed of undertaking which provides temporary work, following the granting of employee of the copies of the employment contract and the copy of the notification under art. 62, para. 3, certified by the territorial Directorate of the National Revenue Agency. In the Act the date of appearance in the user undertaking, address of the user undertaking, place of work, the workplace, the title of the post and the nature of the work in the user undertaking and the official in the user undertaking, in which shall appear the employee, as well as the type of initial training, which will be held in the user undertaking. The Act shall be served on the employee against signature no later than one working day before the date fixed for the receipt of his work in the user undertaking, noting the date of service.
(3) the employee has the right to refuse in writing job at a user undertaking, when it does not correspond to the professional qualifications and health condition or is in a different place, for which he is obliged to inform the undertaking which provides temporary work, at the time of notification of the Act under para. 2. In this case, the employment relationship is considered to be nev″zniknalo.
(4) an enterprise, which provides temporary work shall not be entitled to send the employee in the user undertaking, which held a strike, regardless of contracts under art. 107 and 107 p.
(5) the undertaking which provides temporary work shall be required to:
1. to charge the balance to pay the salary of the employee;
2. to pay the employee remuneration is fair;
3. at the written request of the employee to issue an extract of the documents or paid for the outstanding wages and benefits;
4. to provide for the employee under conditions and in accordance with procedures laid down in the social security code and the law on health insurance;
5. at the written request of the employee to issue and provide the necessary documents certifying the facts related to the occurrence, the implementation and the termination of the employment relationship, within 14 days of the request;
6. upon termination of the employment relationship to issue an order of dismissal or other document certifying termination.
(6) an enterprise, which provides temporary work, is required to notify the user undertaking in writing of the names of employees who are about to be sent to him, not later than one working day before commencement of the work.
Obligations of the user undertaking
Art. 107 (1) in the performance of the work for which the employee is sent, the user undertaking is required:
1. to determine the workplace where work is to be performed;
2. to present against the signature of the employee before the commencement of work job description and note the date of service;
3. to instruct the employee to safe and healthy performance of the work;
4. to take into account the time spent to inform the undertaking which provides temporary work, and the employee against signature;
5. to determine the amount of the issue is basic and additional allowances, including for emergency situations and night work to inform the undertaking which provides temporary work, and the employee against signature;
6. at the written request of the employee to issue and provide the necessary documents certifying the facts relating to the performance of the work, within 14 days of the request;
7. to inform the undertaking which provides temporary job, for the conditions under which the same or similar work or Office work other workers and employees, as well as in the event of a change of these conditions;
8. to provide information to the employee in accordance with the requirements of the law on health and safety at work and the normative acts for its implementation;
9. to insure the employee on their own account, under the conditions and by the procedure of art. 52 of the law on health and safety at work;
10. to provide in a timely manner in a suitable place in the undertaking written information about vacancies and posts, to facilitate access to the employee's regular job;
11. to take measures to facilitate the access of employee training in order to facilitate career opportunities and professional mobility;
12. to conduct initial and continuing training to the employee in accordance with the capacity and the nature of the work in the user undertaking.
(2) in the performance of the work for which the employee is sent, the user undertaking must provide basic working and employment conditions and equal treatment, which has secured the remaining employees, who work in it and perform the same or similar work or job, including health and safety at work.
(3) the user undertaking is not entitled to change the position and nature of the work, for the implementation of which is sent to the employee.
(4) Where a disciplinary violation seconded employee undertaking shall inform the undertaking which provides temporary work, and describes the infringement, the time, place and circumstances in which it was committed.
(5) the user undertaking may make a reasoned proposal to the undertaking which provides temporary work, imposing a disciplinary punishment on the employee, and to be sent to another employee.
Relations between enterprises
Art. 107. (1) the relationships between the undertaking which provides temporary work, and the user undertaking are governed by a written contract.
(2) in the Treaty under paragraph 1. 1 shall be determined:
1. the names of the posts and the nature of the work, for the implementation of which will be sent employees;
2. the length of time for which will be sent employees;
3. the duties of the employees to the enterprise, which provides temporary work;
4. procedure for use of leave;
5. the duties of the employees to the user undertaking;
6. the procedure for the exchange of information between the undertaking which provides temporary work, and the user undertaking for the structure and organization of payroll, the types of extra wages and their size in the enterprise, as well as the collective agreement in the user undertaking, if any;
7. the procedure and the time limits within which the user undertaking will notify the undertaking which provides temporary employment, working time and reported for the set amount of issue is basic and additional allowances, including for emergency situations and night work from the employee;
8. the type of initial training that will be necessary for the performance of temporary work;
9. liability for breach;
10. other terms and conditions relating to the performance of temporary work.
(3) the obligations to the employee arising in, on or in connection with the performance of his assigned work, an enterprise which provides a temporary work, and the user undertaking jointly and severally responsible.
(4) the application of para. 1-3 does not deprive the employee of the protection that it provides by contract concluded with the undertaking which provides temporary work.
(5) the user undertaking, which effected the mass dismissal, may conclude a contract under para. 1 no earlier than 6 months after the transfer.
The employee's obligations
Art. 107. (1) the employee is required to perform the undertaking which provides temporary work, the obligations arising from the employment contract under art. 107 p, but are not involved in the direct execution of the assigned work in the user undertaking.
(2) the employee is required to perform to the user undertaking all the obligations arising from the implementation of the assigned work.
Employee rights
Art. 107 x. (1) an employee assigned to perform the work at a user undertaking, through time, while working with him, has the right to:
1. labour remuneration;
2. the leave provided for in this code;
3. Association;
4. participation in the general meeting of employees within the undertaking;
5. information on all matters relating to the execution of the work;
6. accession to the collective agreement;
7. settlement of collective labour disputes;
8. socio-cultural and domestic service;
9. safe and healthy working conditions;
10. initial and continuing training in accordance with the capacity and the nature of the work in the user undertaking;
11. benefits under the conditions and pursuant to the social security code;
12. other rights directly related to the implementation of the assigned work.
(2) employees under para. 1 may not be placed at a disadvantage because of their temporary work in comparison with other workers and employees that work in the user undertaking on the same or similar work, unless the law puts the enjoyment of certain rights depending on the qualifications or skills acquired. When the same or a similar business employees not employed, employees sent for execution of temporary work in the user undertaking, may not be placed at a disadvantage by other workers and employees working under him.
Home of the implementation and the termination of the work
Art. 107. (1) the performance of the employee to the user undertaking starts with the receipt of his work for him.
(2) the performance of the employee in the user undertaking are terminated:
1. with the completion of the work;
2. with the return of substitutions to work;
3. upon termination of the employment contract between the employee and the enterprise, which provides temporary work, in accordance with this code;
4. upon termination registration number of the establishment, which provides temporary work.
Application of other provisions for the performance of work by an undertaking providing temporary work
Art. 107 pm for the outstanding questions in this section shall apply the General provisions of this code. "
§ 6. In art. 121 following amendments and supplements shall be made:
1. a new paragraph. 4:
"(4) in the case of posting of workers and employees, sent by an undertaking providing temporary work, within the framework of the provision of services in another Member State of the European Union in another country party to the agreement on the European economic area or Switzerland in the Confederation, the parties agreed for the duration of the secondment, at least the same minimum conditions of work as are established for employees performing the same or similar work in the host country. "
2. The current paragraph. 4 it al. 5 and after the words "para. 3 "and 4" is added ".
§ 7. In art. 127 creates al. 5:
"(5) where an employee is sent to work abroad by an undertaking providing temporary work, it is required prior to departure to inform him in writing to:
1. the duration of the work;
2. currency in which remuneration will be paid;
3. additional wage that will be paid in cash or in kind, related to sending abroad, if fitted;
4. the conditions for returning to the country. "
§ 8. In art. 130 the following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) a new paragraph 3:
"3. the number of employees, sent by an undertaking providing temporary work, or about its intention to use such employees;"
(b)) the current paragraph 3 becomes paragraph 4.
2. in the Al. 2 the words "item 2 and 3 ' shall be replaced by" paragraph 2 – 4.
§ 9. In art. 130 d, para. 2, item 4, ' item 2 and 3 ' shall be replaced by "paragraph 2, 3 and 4".
§ 10. In art. 138 establishes al. 4:
"(4) an employment contract concluded for a portion of zakonoustanovenoto working hours shall be considered as concluded for work in normal hours of work in cases where the of the supervisory authorities be established that the employee under this contract works outside of the opening hours for him, there are no conditions for overtime in the cases permitted by law."
§ 11. In art. 167, para. 1 creating the second sentence: "each of the parents (adoptive parents) can use up to 5 months from the grant of the other parent (foster) with his consent."
§ 12. Art is created. 167 (b):
"The Rights of the worker and the employee who returned to work after a leave
Art. 167 (b). (1) upon return to work due to the expiration of the leave of absence referred to in art. 163 – 167 or due to the interruption of its usage the employee has the right to offer the employer amendment to the duration and distribution of working time for a specified period or other amendments to employment, to facilitate his return to work.
(2) in order to promote better reconciliation of work and family responsibilities to the employee the employer is required to take into account the proposal by al. 1, when there is such a possibility in the enterprise.
(3) an employee and employer may agree to amend the employment relationship under art. 119 and during the use of the leave of absence referred to in art. 163 – 167. "
§ 13. In art. 222, para. 2 the words "art. 325, p. 9 "shall be replaced by" art. 325, para. 1, item 9.
§ 14. In art. 325 following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. a para. 2:
"(2) the contract under art. 68, para. 6 shall cease with the termination of a long-term business trip under the law on the diplomatic service without any of the parties due notice. "
§ 15. In art. 327, para. 1 point 7 is created:
' 7A. the work under an employment contract with the undertaking which provides temporary work, and an employment contract with another employer who is not the undertaking which provides temporary job. "
§ 16. In art. 328, para. 1 item 10 shall be replaced by the following:
"10. at the age of 65 years of age for professors, assistant professors and doctors of Sciences;".
§ 17. In art. 357 Al is created. 3:
"(3) Employment and are disputes between employees, sent by an undertaking providing temporary work, and the user undertaking in violation of their rights."
§ 18. In art. 403 a, para. 1, after the words "the rules of the internal labour order" a comma and add "list of employees sent by an undertaking providing temporary work".
§ 19. In art. 404, para. 1 the following endorsements are added:
1. In paragraph 1, after the word "employers" a comma and add "businesses" users.
2. an item 9:
"9. in the event of the circumstances under art. 138, para. 4 to give compulsory requirements of employers, the appointment authorities and the officials amending the employment contract concluded for part-time work, contract work in normal hours of work. "
§ 20. In art. 414 following amendments and supplements shall be made:
1. In paragraph 8. 3, after the words "provisions of" art "is added. 61, para. 1 "and a comma.
2. a new paragraph. 4:
"(4) in the cases referred to in para. 3 of the paid penalty or fine imposed on the employer or officer liable shall be deducted and paid into the insurance funds owed by the employer contributions for the person. "
3. The current paragraph. 4 it al. 5.
§ 21. Art is created. 414:
"The responsibility of the employee to provide the workforce without employment contract concluded
Art. 414. (1) which provides its workforce without employment contract concluded, shall be punished with fine in triple size of personal contributions to compulsory social and health insurance, set on the minimum insurance income for the work depending on the economic activity and occupation.
(2) fine Paid under para. 1 into the funds of the State social insurance and the national health insurance fund in the order determined by the Minister of labour and Social Affairs and the Minister of finance. "
§ 22. In article 415 shall be amended as follows:
"The responsibility for a minor violation
Art. 415. (1) the infringement which is removed immediately after its establishment in accordance with the procedure laid down in this code, and you do not have incurred detrimental effects for employees, the employer is liable to a penalty or a fine of 100 to 300 BGN, and faulty officer – with a fine of 50 to 100 EUR
(2) are not minor infringements of art. 61, para. 1, art. 62, para. 1 and 3 and art. 63, para. 1 and 2. "
§ 23. Art is created. 415 is:
"Applicability of administrativnonakazatelnata liability for violations of the labor law
Art. 415. The provisions of this section shall apply accordingly to a user undertaking. "
§ 24. In § 1 of the additional provisions the following endorsements are added:
1. In paragraph 1, add "and for sending for the performance of work in the user undertaking.
2. In paragraph 4, first sentence ended a comma and add "and the place designated by the user undertaking.
3. Set up item 17-20:
"17." enterprise, which provides temporary work ' means any natural or legal person who carries out business and conclude an employment contract with the employee, to send him to perform temporary work in the user undertaking under his direction and control after registration at the employment agency.
18. "user undertaking" means any natural or legal person who carries out business and under whose guidance and control be implemented given the job of an employee, sent by an undertaking providing temporary work.
19. ' undertakings relating to the national security and defense of the country "are enterprises, established by an act of the Council of Ministers.
20. "Basic working and employment conditions" means working and employment conditions laid down by the laws and regulations, administrative provisions, collective agreements and/or other provisions which are in force in the user undertaking and relate to the duration of working time, overtime, breaks, daily and weekly rest, night work, basic and additional leave, weekends and public holidays , protection of minors and women, as well as in terms of pay. "
Additional provision
§ 25. This law shall establish the requirements of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OB, L 327/9 of 5 December 2008) and directive 2010/18/EU of 8 March 2010 implementing the revised framework agreement on parental leave concluded by the Confederation of European business (BUSINESSEUROPE) , The European Association of craft and small and medium-sized enterprises (UEAPME), the European Centre of enterprises with public participation and of enterprises of general economic interest (CEEP) and the European Trade Union Confederation (ETUC), and repealing Council Directive 96/34/EC (OB, L 68/13 of 18 March 2010).
Transitional and final provisions
§ 26. By 5 December 2011, Minister of labour and social policy after consultation with the organisations of employers and employees, recognized as representative at national level, shall review the prohibitions or restrictions on the performance of work by employees, sent by an undertaking providing temporary work, establishing their justification from the point of view of the general interest or the proper functioning of the labour market and prevention of abuse. Of the results of the review shall be sent to the European Commission.
§ 27. In the law for settlement of collective labour disputes (official SG. 21 of 1990; amend., no. 27 of 1991 No. 57 of 2000 No. 25 of 2001 and no. 87 of 2006) in art. 21, after the words "new employees" a comma and add "including sent by an undertaking providing temporary work".
§ 28. In the law on health and safety at work (official SG. 124 of 1997; amend., no. 86 of 1999 No. 64 and 92 of 2000, no. 25, and 111 since 2001, no. 18 and 114 from 2003, no. 70 by 2004, issue 76 of 2005, issue 33, 48, 102 and 105 of 2006. , PC. 40 since 2007, PCs. 102 and 108 from 2008, PCs. 93 2009 PCs. 12, 58, 88 and 98 of 2010 and PC. 60 by 2011) the following modifications are made:
1. In the additional provisions § 1 of item 10 shall be replaced by the following:
"10." enterprise, which provides temporary work "is the term specified in § 1, item 17 of the additional provisions of the labor code."
2. Everywhere in the law the word "employment" shall be replaced by "work".
§ 29. In the social security code (promulgated, SG. 110 1999; 55/2000 – Decision of the Constitutional Court No. 5 of 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; PCs. 45 by 2011 – Decision of the Constitutional Court No. 7 of 2011; amend., SG. 60 and 77 from 2011) make the following additions: 1. In art. 6 (a), para. 1, after the words "art. 121, para. 3 "and 4" is added ".
2. In art. 57:
(a)) in the Al. 1, after the word "Insurer" is a comma and add "and when the victim is sent for execution of temporary work – the user undertaking", and a comma;
(b)) in the Al. 2, after the word "insurer" shall be added "or the user undertaking.
3. an art. 66 (a):
"Obligations of the enterprise
Art. 66. The obligations of the insurer under this chapter shall also apply to the enterprise where employees were sent for execution of a job. "
§ 30. In the employment promotion Act (promulgated, 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, no. 26, 89 and 109 from 2008. , PC. 10, 32, 41 and 74 from 2009, PCs. 49, 59, 85 and 100 by 2010, PC. 9 and 43 from 2011) make the following changes and additions:
1. In art. 15. t 6 is created:
"6. the fees for registration of establishments that provide temporary work."
2. In art. 43 para. 3 is repealed.
3. In art. 56 para. 4 shall be amended as follows:
"(4) the creation of employment under art. 36, para. 1, art. 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 people. "
4. In art. 72 a, para. 2 the words "the National Revenue Agency" shall be replaced by the words "employment agency", and the words "in accordance with art. 62, para. 3 of the labour code "shall be replaced by" within 7 days.
5. In art. 74 in the Al is created. 6:
"(6) the rights under paragraph 1. 2, item 2, 3, 5, 6 and 7 and enjoyed by foreigners granted permanent residence as research workers under art. 24 (b) of the law on foreigners in the Republic of Bulgaria. "
6. a chapter eight "a" with art. 74 – 74: p
"Chapter eight" a "
TERMS AND CONDITIONS FOR THE REGISTRATION OF ENTERPRISES, WHICH PROVIDE TEMPORARY WORK
Art. 74. (1) the activity of providing temporary work is carried out on the basis of registration at the employment agency.
(2) registration of the Al. 1 can apply local natural or legal persons, as well as foreign legal persons engaged in a commercial activity in the Republic of Bulgaria, who meet the following conditions:
1. no cash obligations to the State or to the municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or commitments relating to the payment of social security contributions;
2. they are not bankrupt or are not found in the insolvency proceedings;
3. are not in liquidation proceedings, and foreign legal persons are not found in similar procedure under the legislation of the State concerned;
4. represent the individuals who are not convicted of a deliberate crime, unless they have been rehabilitated;
5. no registration terminated pursuant to art. 74 m, al. 1, 2 or 3 or art. 15, para. 1 of the Ordinance on the conditions and procedures for carrying out the placement of the work (official SG. 49 2003; amend., 52/2006, no. 22 of 2010; decision of the Supreme Administrative Court 12614 of 2010 – No. 88 of 2010; amend., SG. 50 by 2011) over a period of three years before the date of application for registration;
6. do not have imposed administrative sanctions under art. 81, para. 1 or art. 81 a, para. 1 in the period three years before the date of application for registration;
7. have concluded group insurance at a rate 200, 000. or a bank guarantee amounting to 200 000. for the claims of employees who will be hired by them to provide temporary work;
8. have drawn up rules of procedure for the implementation of the projects of the contract with the user undertaking and contract with an employee to send for the execution of temporary work in the user undertaking.
Art. 74. (1) the registration shall be carried out in an employment agency after submission of a written application form in accordance with Annex 1.
(2) an application under subsection. 1 the persons, registered under Bulgarian legislation, apply:
1. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register;
2. certificate from the respective territorial Directorate of the National Revenue Agency for the presence or absence of obligations within the meaning of art. 87, para. 6 of the tax-insurance procedure code to the date of submission of the application;
3. certificate from the municipality of registration of the enterprise for the presence or absence of obligations within the meaning of art. 87, para. 6 of the tax-insurance procedure code to the date of submission of the application;
4. the certificate of criminal record of the person or of the person representing the legal person;
5. certified copies of insurance or bank documents under art. 74, al. 2, s. 7;
6. a certified copy of the rules of procedure under art. 74, al. 2, item 8.
(3) persons registered under the laws of another State, prove the circumstances under para. 2 in accordance with the legislation of the State of registration.
Art. 74. (1) the Minister of labour and social policy or authorized officer shall decide on the application and the attached documents within 14 days from the date of receipt thereof, on a proposal from the Executive Director of the employment agency.
(2) where the application and/or the attached documents do not comply with the requirements of art. 74 (g), the applicant shall be notified in writing to remedy the incompleteness and/or inaccuracy within 30 days from the date of receipt of the notification.
(3) in the cases referred to in para. 2 the documents are deemed to be submitted by the date of the removal of blanks and/or inaccuracies.
(4) the Council, to the Executive Director of an employment agency shall be informed periodically of the requests made in the employment agency applications under art. 74 (g), para. 1.
Art. 74. (1) the registration shall be refused when there are no conditions under art. 74e, al. 2 or have not been complied with the requirements of art. 74 g, art. 74 h, para. 2 and art. 74 k, al. 3. (2) the applicant shall be notified in writing of the reasons for the refusal within the time limit under art. 74 h, para. 1.
(3) the refusal to register may be appealed pursuant to the administrative code.
Art. 74 HP. (1) the Minister of labour and social policy or authorized officer shall issue a registration certificate of the enterprise, which provides temporary work.
(2) the certificate referred to in para. shall be issued for a period of 5 years to a model in accordance with Annex 2 and entered in the register.
(3) the certificate referred to in para. certificate shall be issued after payment of a fee fixed by the Council of Ministers.
(4) in case of loss or deterioration of the certificate referred to in para. 1 a duplicate shall be issued upon application and payment of a fee by the undertaking which provides temporary work.
Art. 74 l (1) employment agency lead public register of issued certificates.
(2) the register referred to in para. 1 shall be entered:
1. the registration number and the date of the certificate;
2. the name of the undertaking which provides temporary work;
3. the registered office and Head Office of the person;
4. the address of the Office/offices;
5. the name of the Member representing the undertaking which provides temporary work;
6. the term of the registration;
7. the date of cancellation of the registration and the reasons for that;
8. other circumstances subject to entry.
(3) in the case of amendment and/or addition of the scheduled circumstances in the documents served as the basis for registration, an enterprise that provides temporary, notify the employment agency within 7 working days of the occurrence of the change and/or supplement. To apply the notification documents certifying the change and/or supplement.
(4) Undertakings that provide temporary work, by 30 June of each year, submit to the employment agency certified by the territorial Directorate of the National Revenue Agency, by the municipality on the registration of the undertaking or by a competent authority in the country of registration of the presence or absence of debts to the State or to the municipality within the meaning of art. 87, para. 6 of the tax-insurance procedure code.
(5) within the time limit referred to in paragraph 1. 4 companies that provide temporary work, presented at the employment agency certified copies of insurance or bank documents certifying compliance with the requirements of art. 74, al. 2, item 7.
(6) the National Council for the promotion of employment annually inform and give an opinion on the activities of companies that provide temporary work.
Art. 74 m. (1) registration shall be terminated by order of the Minister of labour and social policy or the authorized officer:
1. a written application from the enterprise, which provides temporary work, the employment agency and a written declaration that they have fulfilled all the obligations under employment contracts concluded with the workers/employees sent for execution of temporary work in enterprise users;
2. systematic violations of obligations as an enterprise which provides a temporary work of art. 107 c of the labour code;
3. in case of violation of the requirements of this chapter;
4. on expiry of the registration.
(2) Termination under paragraph 1. 1 shall be made by the deletion from the register under art. 74 (l), para. 1.
(3) the certificate of registration of the enterprise, which provides temporary work, returns to an employment agency after the entry into force of the order under paragraph 1. 1.
Art. 74. An enterprise which provides a temporary work, notify the user undertaking, as well as employees, with which it has concluded contracts for the termination of the registration. Notification shall be made within three days of the entry into force of the order under art. 74 m, al. 1.
Art. 74 Oh. (1) an enterprise, which provides temporary work may apply in accordance with this Act for the extension of registration within three months prior to the expiry of the certificate.
(2) the subdivisions Bureau of labor "and the official website of the employment agency is announced monthly on the Internet a list of:
1. registered enterprises, which provide temporary work;
2. undertakings which provide temporary work for which registration is suspended under art. 74 m, al. 1, 2 and 3.
Art. 74 p. Companies that provide temporary work for which registration is cancelled on the grounds of art. 74 m, al. 1, 2 and 3, may submit an application for a new registration after the expiry of a period of three years from the date of entry into force of the order for termination. "
7. In art. 76 al. 2 shall be amended as follows:
(2) employers, officials, employees, jobseekers, residents, accepted a job posted workers and officials of Member States of the European Union, or seconded employees from third countries, persons engaged in brokerage activity and recruitment services, companies that provide temporary work, as well as enterprise users are required to provide assistance to the inspection authorities on the occasion of the performance of their functions. "
8. Article 77 is amended as follows:
"Art. 77. The employers, the employees, the employers ' organisations and employees, persons looking for a job, companies that provide temporary work, as well as enterprise users have the right to Executive Agency report "General Labour Inspectorate" for breaches of this law and the international treaties in the field of employment, which are in force for the Republic of Bulgaria. "
9. in art. 78, para. 1 paragraph 1 shall be replaced by the following:
"1. to give obligatory prescriptions for employers, the officials of the local parties, accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries, businesses that provide temporary work, of enterprise users, as well as of the persons under art. 27, al. 2, item 2 to terminate the infringements under this law; ".
10. In art. 79 para. 2 shall be replaced by the following: "(2) The employer, an officer, an unemployed person or natural person, resident, accepted the job posted workers and officials of Member States of the European Union, or seconded employees from third countries, of a person under art. 27, al. 2, item 2, of an establishment which provides temporary work, as well as of the user undertaking, which the law prevents the inspection bodies to carry out their duties, be imposed a fine, penalty, respectively, at the rate of 500 to 1500 EUR, if not subject to more severe punishment. "
11. an art. 81 (a):
"Art. 81. (1) An undertaking which provides temporary work without registering, be imposed a fine, penalty payment respectively, amounting to EUR 5000, for repeated infringement, from 5000 to 10 000 BGN, and from 10 000 to 20 000. for each subsequent violation.
(2) An undertaking which provides temporary work in breach of the requirements of chapter eight "a", is a fine, penalty, respectively, at a rate of 1000 to 2500 BGN, and for repeat offenders, from 2500 to 5000 LEVs. "
12. In § 1 of the additional provisions create p. 39, 40 and 41:
"39." enterprise, which provides temporary work "is the term specified in § 1, item 17 of the additional provisions of the labour code.
40. "user undertaking" means the term as defined in § 1, item 18 of the additional provisions of the labour code.
41. "the systematic violation of its obligations as an enterprise which provides a temporary work of art. 107 c of the labour code ", when within 12 months, an enterprise which provides a temporary job, has not fulfilled two or more obligations under art. 107 c of the labour code.
13. In paragraph 7 (a) of the transitional and final provisions, the words "until 31 December 2011" shall be replaced by "until 31 December 2012.
14. applications shall be no 1 and 2:
' Annex No 1 to art. 74 (g), para. 1
VC. № ........
To
EMPLOYMENT AGENCY
GR. SOFIA
BULL. "DONDUKOV" No 3
(H) IT IS THE N AND IS
FOR THE REGISTRATION OF AN ESTABLISHMENT WHICH PROVIDES TEMPORARY WORK
By
.................................................................................................................
(natural person, legal person, in accordance with the commercial register)
Represented by:
................................................................................................................
(first name, middle name, last name)
Commercial registration:
.................................................................................................................
Unified identification code/certificate of good standing
Seat and address of management:
(according to the commercial registration) g/a ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
община …………………………………………………….……...……...……...……...……...…
област ……………………………………………………………...……...……...……...……...
ул./кв./ж.к. …………………………………………………. №/ ... BL. …………… et. …………… apt. …….
Address and telephone contact:
Fax:
e-mail:
гр./с. ………………………………………………………...………...………...………...………...
община …………………………………………………….………...………...………...………...
област ………………………………………………………………...………...………...………...
ул./кв./ж.к. …………………………………………………. №/ ... BL. …………… et. …………… apt. …….
...................................................................................………...………...………...
...................................................................................………...………...………...
Identification number of the certificate of entry in the register under art. 10, para. 1, item 2 of the DPL:
VAT NO: (for persons registered under the Bulgarian legislation)
Address of Office/offices for carrying out the business of providing temporary work
гр./с. ………………………………………………………...……...……...……...……...……...
община …………………………………………………….……...……...……...……...……...…
област ……………………………………………………………...……...……...……...……...
ул./кв./ж.к. …………………………………………………. №/ ... BL. …………… et. …………… apt. …….
тел./факс ..................................................................................................
Attached documents *
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.....................................................................................
Applicant:
...................................................................................
...................................................................................
(name, signature, stamp)
Date:
...................................................................................
Tick "x" documents that are submitted.
Annex 2 to the art. 74 k, al. 2
THE REPUBLIC OF BULGARIA
THE MINISTRY OF LABOUR AND SOCIAL POLICY
CERTIFICATE
On the grounds of art. 74, al. 1 in conjunction with art. 74 k, al. 1 of the employment promotion Act (SG........... from 201. ... (d).)
REGISTER
under no ... ... ... ... ... ... ... ... ....
.......................................................................................................................................................................................
with registered office in. (with.) ....................................................................................................................................................
address: UL. (ж.к.)……..................................... № ...........................................................
BL. … VC. … apt. ............................................................................................................................................................
ЕИК № /БУЛСТАТ....................................................................................................................................................
for carrying out the activity as an undertaking which provides temporary work.
The registration is valid until................ (d).
MINISTER:
OR HIS AUTHORISED REPRESENTATIVE
OFFICIAL:
(signature, stamp) "
Note to editors: see annexes in PDF-and the number
§ 31. (5) and § 30, item 1, item 6, 10, 12 and 14 shall apply from 5 December 2011.
The law was adopted by 41-Otto National Assembly on 15 December 2011 and January 19, 2012. and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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