Name of law Law amending and supplementing the Labour Code Name of Bill a bill amending and supplementing the Labour Code acceptance date 06/10/2011 number/year 2011 Official Gazette Decree No 82/216

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 the HLI 6 October 2011.

Issued in Sofia on October 17, 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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., 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 and PC. 18, 33 and 61 by 2011.)

§ 1. In Chapter five establishes the section VIII B of art. 107 h-107 p:

Section Viii B

Additional conditions for teleworking

Nature and conditions for teleworking

Art. 107. (1) teleworking is a form of organizing work, given outside the premises of the employer carried on the employment relationship through the use of information technologies, which was before removal or could be carried out at the premises of the employer.

(2) the work from a distance there is voluntary.

(3) the terms and conditions of work are negotiated in collective or individual employment contract. In the individual employment contract be specifically negotiated all conditions, rights and obligations of the parties in connection with the work from a distance and its implementation.

(4) the employer may offer the employee an additional agreement to the individual employment contract to go from work carried out at the premises of the employer, to work from a distance. The refusal of the worker and the employee may not lead to the occurrence of the adverse consequences for him.

(5) the employee can offer the employer to go from work carried out at the premises of the employer, to work from a distance.

(6) with the individual or collective agreement may agree:

1. mixed modes, as well as the conditions and procedures for their implementation;

2. opportunities and conditions for transition from working remotely to work at the premises of the employer.

(7) the specific nature of the work from a distance, the conditions and procedures for its implementation shall be determined in the individual employment contract.

(8) with the individual and/or collective bargaining agreement or with the internal acts of the employer may adopt rules to determine:

1. the procedure for the award and the recognition of teleworking;

2. content, volume, performance and other characteristics of the work, which are of relevance to the reporting.

Workplace. Technical equipment and maintenance of the workplace

Art. 107. (1) an employee who performs work from a distance, provides in home or other premises it selected outside of the enterprise defined space for the workplace.

(2) matters relating to work, technical and other equipment in the workplace, duties and costs of maintenance, other supply conditions, replacement and maintenance of the equipment, as well as provisions with a view to the acquisition of individual items of equipment from the employee performing the work from a distance, it is agreed in the individual employment contract.

(3) the employer shall provide at its own expense:

1. What is necessary for the carrying out of the work from a distance, equipment and consumables for its functioning;

2. the programmatic (software) insurance;

3. technical prevention and maintenance;

4. devices for communication with employee engaged in teleworking, including Internet connectivity;

5. data protection;

6. information and requirements for work equipment and its maintenance in working order, as well as the legal requirements and regulations, including those of the enterprise in the field of data protection, which will be used while teleworking;

7. the monitoring system, if such were to be mounted in the workplace and has obtained the written consent of the employee; in these cases, you must respect the right of privacy;

8. other technical and documentary materials in accordance with the individual and/or collective agreement.

(4) the employee who performs the work from a distance, is responsible for the proper storage and operation of the equipment. In the event of a failure in the equipment or failure in the information and/or communication systems must immediately alert the employer a pre-arranged order and manner.

(5) in the individual employment contract can be set using its own equipment to the worker and the employee, as well as all rights and obligations arising from it.


(6) the individual and/or collective bargaining agreement is negotiated conditions to prevent abuse by the employee performing the work from a distance, with the equipment, Internet and communication links. Outside of work, direct the employee can use them within reason and morality.

(7) the employer provides written information in advance to the employee of responsibility and sanctions for non-compliance with the established rules and requirements, including for the protection of their data, which is an integral part of the individual employment contract.

Organization of the work from a distance and health and safety at work

Art. 107 HP (1) employees who perform work at a distance, enjoy the same rights concerning the organisation of work and health and safety at work, regulated in national legislation and in the collective agreements at the company, with any benefit employees who work on the premises of the employer.

(2) the employer is obliged to ensure that by the date of occurrence or variation of employment jobs for doing work from a distance, which meet the minimum requirements for health and safety at work laid down in the law on health and safety at work and in the normative acts for its implementation.

(3) the employer is responsible for safety and health at work of workers and employees who perform work at a distance, as he is obliged to inform them of the requirements for the Organization of work and the safety and health at work in accordance with the regulations, applicable collective agreements, internal rules of the undertaking, the undertaking's policy on safety and health at work and all the requirements and rules for the organisation of work and working with videodisplei.

(4) the employee who performs the work from a distance, is responsible for compliance with the policy on the Organization of work and safety and health at work, as well as of its prescribed rules and regulations for health and safety at work.

(5) for the proper application and compliance with the requirements and standards of health and safety at work is carried out as follows:

1. employees who perform work from a distance, have the right to request a visit to the workplace with an application to the Directorate of labour inspection ";

2. employer and/or his representative, representatives of trade unions, representatives of employees under art. 7, para. 2 and the control bodies of the Labour Inspectorate have the right of access to the workplace within the stipulated in the individual and/or collective agreement in the mandatory prior notification of the worker and the employee who performs the work from a distance, and with his consent.

(6) employees who perform work at a distance, do not have the right to refuse access to the workplace without warrants, within the specified time and/or stipulated in the individual and/or collective agreement.

During working hours. Holidays and vacations. Recording of working time

Art. 107 l. (1) the working time of employees who perform work at a distance:

1. in the individual employment contract in accordance with this code, the collective agreement and the rules of the internal labour order in the establishment;

2. shall be determined in accordance with the procedure laid down in this code daily and weekly rest period;

3. match the duration of working time established for employees who work on the premises of the employer.

(2) in the individual employment contract explicit to exclude the possibility of laying:

1. overtime;

2. night work;

3. work during national holidays.

(3) subject to the provisions of para. 1 and 2 the employee carrying out teleworking, organized its own working hours, so that it is available and works in the time in which the employer and its trading partners are in a communications link.

(4) the standards for workload and carry out the work of the employee performing the work from a distance, are identical to those of employees who work at the premises of the employer.

(5) the Actual time worked shall be reflected in the monthly document on the pattern established by the employer. The employee who performs the work from a distance, is responsible for the accuracy of the data.

(6) employees who perform work at a distance:

1. determine the breaks in your working hours in accordance with the provisions of this code, the law on health and safety at work and the related implementing regulations, as well as arrangements in individual and/or in the collective agreement;

2. enjoy holidays in a row, and type in the amount as laid down in the labour code, regulations and arrangements in the individual and/or collective agreement.

Remuneration


Art. 107 m. (1) the amount of remuneration shall be determined by the individual employment contract in accordance with the provisions of labour law and in accordance with the collective agreement and internal rules for the payroll of an enterprise.

(2) an employee who performs work from a distance, be entitled to any additional wage laid down in the legislation in force in the internal rules for the payroll, at individual and/or collective agreement.

(3) employees who perform work from a distance, use on a general basis the social agenda of the enterprise.

The collective rights of employees, who carry out the work from a distance. Integration with employees who work on employer's premises

Art. 107. (1) an employee who performs work from a distance, there are equal employment and trade union rights of employees who work in the premises of the employer.

(2) employees who perform work at a distance, can form a separate group to elect a single representative for the information and consultation referred to in art. 7 (a), if the total number of more than 20 workers.

(3) employees who perform work from a distance, have the right to participate in the organizing and social life of the trade union organization in the enterprise in which they are members.

(4) the employer shall provide opportunities for:

1. prevent the isolation of employees who perform work at a distance from the other workers and employees working in the premises of the employer, such as:

a) provides for the periodic conduct of business or social meetings in rooms/offices of the employer;

(b)) may set up corporate virtual space – chat, forum or other means by which employees who work in the premises of the employer, and employees who perform work from a distance, can freely communicate;

2. access to the corporate and professional information of the enterprise associated with the implementation of teleworking;

3. involvement of employees who perform work at a distance, in organizational and social life of the trade union organization in the enterprise in which they are members.

(5) the conditions under which the options are provided in para. 1-4 shall be agreed in the individual and/or collective agreement or be governed by the rules of the internal labour order of the enterprise.

Training, retraining, training

Art. 107 Oh. (1) employees who perform work from a distance, have the same access to training and career development opportunities as they have employees who work on the premises of the employer, and are subject to the same policy.

(2) employees who perform work at a distance, are entitled to appropriate training, consistent with the technical equipment and with the characteristics of this form of work organization.

(3) if necessary, the head of the employees who carry out work at a distance, and other officials are entitled to training for this form of work and its leadership.

Application of other provisions for carrying out the work from a distance

Art. 107 p. For the outstanding questions in this section shall apply the General provisions of this code. "

§ 2. In art. 121 creates al. 4:

"(4) the terms of payment in the host Member State in the cases referred to in para. 3 do not include payment for travel, per diem and accommodation money. "

§ 3. Article 129 is amended as follows:

"The obligation of the employer to provide the employee

Art. 129. the employer is obliged 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. "

§ 4. In art. 130 in, al. 1, item 3, finally a comma and add "including the homeworking and teleworking.

§ 5. In art. 287 following amendments and supplements shall be made:

1. the title shall be replaced by the following: "preliminary and periodic medical examinations.

2. in the Al. 1:

a) in the first sentence, after the word "required" is added "preliminary and";

(b)) the second sentence shall be replaced by the following: "the conditions for carrying out the preliminary and periodic medical examinations in accordance with the nature of work, labour conditions and the age of the employees is determined by the Minister of health."

3. Paragraph 2 shall be replaced by the following:

(2) Preliminary medical examinations shall be paid by the persons who apply for a job, and periodic medical examinations are borne by the employer. "

§ 6. In § 1 of the additional provisions the following endorsements are added:

1. In paragraph 1, add "and working from a distance".

2. In paragraph 4, second sentence, after the words "outwork" insert "and teleworking.

3. an item 16:

"16." Posting within the meaning of art. 121, para. 3. alteration of the employment relationship by mutual agreement of the parties due to submit to the same or to another job 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 under conditions of work commensurate with the standard of the host country, but no less favourable than the minimum laid down in it. "

Final provision


§ 7. In the law on informing and consulting employees in multinational enterprises, groups of enterprises and European companies (promulgated, SG. 57 2006; amend., no. 26 by 2011) make the following amendments and additions:

1. the name "final provisions" shall be replaced by the following: "transitional and final provisions".

2. a § 2A: "§ 2A. (1) the obligations for information and consultation of workers in multinational enterprises and groups of enterprises, arising from this law shall not apply to agreements under art. 8, which have been concluded or amended in the period between 5 June 2009 to 5 June 2011, without prejudice to the provisions concerning the negotiations on structural changes.

(2) in the event that at the expiry of the period of the agreements referred to in para. 1 the Parties shall not adopt a joint decision on their renewal or revision, the provisions of this law. "

The law was passed by the National Assembly 41-Otto on 6 October 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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