Name of law
Law amending the Law on Employment Promotion




Name Bill
Bill amending the Law on Employment Promotion





Date of adoption
25/05/2011



Number / year Official Gazette
43/2011







DECREE № 126
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Employment Promotion adopted by HLI National Assembly on May 25, 2011 | || Released in Sofia on June 1, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal. Justice Minister:
Margarita Popova

Law amending the Law on Employment Promotion (Prom. SG. 112 of 2001 .; amend., SG. 54 and 120 of 2002 SG. 26, 86 and 114 of 2003, pcs. 52 and 81, 2004, issue. 27 and 38, 2005, pcs. 18, 30, 33 and 48 of 2006, No. . 46 of 2007, pcs. 26, 89 and 109 of 2008, pcs. 10, 32, 41 and 74 of 2009, pcs. 49, 59, 85 and 100 of 2010, pcs. 9 2011)
§ 1. In art. 1 created item. 5:
"5. regulating access to the labor market to foreigners - citizens of third countries. "
§ 2. In art. 18, para. 3 creates pt. 7:
"7. holders of the EU Blue Card who lost their jobs within three months or willing to change their employer. "
§ 3. In art. 30a para. 1, p. 3, after the words "under Art. 155 "insert" or 319 ".
§ 4. In art. 56 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) Employers and institutions providing adult education or vocational orientation can use funds under this law if no public obligations no obligation for non-contracted programs measures and training, as well as projects under the Operational Programme "Development of human resources". Employers and individuals who start independent business under this Act may use the funds if the measure is permissible under the state aid. "
2. In para. 3, '55b and 55c "are replaced by" 55b, 55c and 55d. "
§ 5. An Art. 60a:
"Art. 60a. (1) formed the State enterprise "Bulgarian-German Vocational Training Centre" - a legal person within the meaning of Art. 62, para. 3 of the Commercial Law with headquarters in Sofia and branches - territorial divisions, and the number of seats to be determined by the Minister of Labour and Social Policy.
(2) The main activity of the State enterprise "Bulgarian-German Vocational Training Centre" is to carry out training for acquiring professional qualification of persons aged 16 years trainings for acquisition of key competences and career guidance.

(3) The main public tasks of the State enterprise "Bulgarian-German Vocational Training Centre" are:
1. support through training for vocational qualifications and key competences integrate unemployed people from disadvantaged groups in the labor market;
2. testing of innovative practices to their subsequent implementation by other vocational training institutions; 3
. increasing competencies of trainers of adults;
4. training of mentors outside experts and trainers of adults in specific professions;
5. establishing partnerships with businesses and employees to develop new and update curricula, training materials, guidance and others.
(4) The Company may perform other activities related to the main subject of activity.
(5) Bodies of management of the State enterprise "Bulgarian-German Vocational Training Centre" are:
1. Minister of Labour and Social Policy;
2. Management Board; 3
. Executive director.
(6) In its activities the executive director of the State enterprise "Bulgarian-German Vocational Training Centre" shall be assisted by a council composed of representatives of the representative organizations of employers and workers at the national level.
(7) The structure and activity of the State enterprise "Bulgarian-German Vocational Training Centre", the powers and duties of the governing bodies, as well as issues related to the activities of the branches are governed by regulations adopted by the Council of Ministers.
(8) In order to achieve the enterprise's operations under this Act the State provides for the use and management of property - public and private state property.
(9) The activity of the State enterprise "Bulgarian-German Vocational Training Centre" in the performance of his public duties is supported by the state budget through the Ministry of Labour and Social Policy and by providing public funds.
(10) The Company may participate in commercial or civil companies.
(11) The Company may not enter into loan agreements with commercial banks and other financial institutions unless the express decision of the Council of Ministers.
(12) against the property - public state property to the company, can not be directed enforcement.
(13) The Company can not be privatized and against it can not be opened bankruptcy proceedings. "

§ 6. In Chapter Eight "Work of Bulgarian citizens in other countries and foreign citizens in Bulgaria" prior art. 67 is created entitled "Employment Section I of Bulgarian citizens abroad."
§ 7. After Art. 69 is created named "Section II Employment of foreigners in Bulgaria."
§ 8. In art. 71, para. 1 pt. 2 after the words "Bulgarian citizens" a comma and added "the citizens of the countries - members of the European Union, other countries - parties to the Agreement on the European Economic Area and Swiss Confederation."
§ 9. An Art. 72a:
"Art. 72a. (1) In employment or acceptance of an alien employer requires him to present a valid residence document notarized copy of which stored for the duration of the rental or adoption. The employer is not liable if presented its document be invalid.
(2) The employer shall notify the National Revenue Agency on the date of actual commencement of work of the foreigner pursuant to Art. 62, para. 3 of the Labour Code. "
§ 10. In art. 73 be made the following amendments:
1. The previous text becomes para. 1.
2. Created al. 2-7:
"(2) It is prohibited the employment of illegally staying on the territory of Bulgaria foreigners.
(3) If the employer employs an illegally staying on the territory of the Republic of Bulgaria foreigner in violation of the prohibition under par. 2, it owes him the agreed fee, but not less than the minimum wage established for the country or for the economic activity for a period of three months unless the employer or the employee can prove otherwise duration of hiring. Payment is due after the return of the foreigner in the country of habitual residence, including the cost of translating the payment.
(4) If the employer fails to pay the obligation under par. 3 employed illegally staying on the territory of Bulgaria foreigners can bring an action against him in limitation periods under the Obligations and Contracts Act and the Civil Procedure Code.
(5) on paid under par. 3 remuneration shall be liable to the relevant taxes and social security contributions provided for employees under Bulgarian legislation.
(6) The employer shall bear the costs of returning illegally staying foreigner.

(7) Where the employer is a subcontractor, the contractor of which is a direct subcontractor employer and any subsequent contractor whose subcontractors are they when it is established beyond reasonable doubt that they were aware of the violation of par. 2 and have not informed the authorities to control foreigners can meet with the employer or instead of obligations under par. 3, 4 and 5, as well as art. 82a. "
§ 11. A Art. 73a:
"Art. 73a. Minister of Labour and Social Policy in consultation with the social partners and on the recommendation of the National Council on labor migration can impose restrictions on access of foreigners, including highly skilled labor market according to the condition, development and public interests in the labor market. "
§ 12. In chapter eight after art. 74 Section III creates "highly qualified employment of foreigners in Bulgaria" with art. 74a, 74b, 74c, 74d and 74e:
"Art. 74a. (1) The employment of foreigners for the purpose of highly qualified employment shall be issued a single permit for residence and work type "EU Blue Card" under the provisions of the Foreigners in the Republic of Bulgaria and the rules for its implementation.
(2) The terms and conditions for the issuance, renewal, refusal and withdrawal of the EU Blue Card shall be determined by the Implementing Regulations of the Law on Foreigners in the Republic of Bulgaria (prom. SG. 43 of 2000 amended .; . No.. 15 and 87, 2004, issue. 2 2006 SG. 49 of 2007 and SG. 44 of 2008).
Art. 74b. (1) Employment Agency gives written permission for the exercise of highly qualified employment for issuing the EU Blue Card of the Ministry of Interior.
(2) The terms and procedure for the granting, refusal or withdrawal of the authorization under par. 1 shall be determined in accordance with Art. 74, para. 1.
(3) granting and extension of the authorization under par. 1 employer pays a fee of 400 lev.
Art. 74c. (1) The exercise of highly qualified employment of foreigners in Bulgaria in accordance with Bulgarian labor and social security law and in accordance with Art. 71, para. 1, p. 1, 3 and 4.
(2) The holder of the EU Blue Card is equal to Bulgarian nationals in respect of:
1. services provided under Art. 17, para. 1 pt. 1 and 3;
2. working conditions, including pay and dismissal, health and safety at work, conditions of access subordination of liabilities and the use of social security rights under EU law and others; 3
. access to goods and services, including public;
4. education and training;

5. Payments of acquired statutory pensions for old age-related revenue in the amount applicable under the law of the Member State or Member States debtors when moving to a third country, without prejudice to existing bilateral agreements;
6. recognition of diplomas for education;
7. recognition of certificates and other evidence of formal qualifications in accordance with the Law on recognition of professional qualifications;
8. freedom of association and affiliation and membership in organizations of employees or employers, as well as professional and professional organizations, including as regards the granting privileges of such membership, unless by law, statute or regulation require Bulgarian citizenship .
(3) The rights under par. 2 only benefit holders of the EU Blue Card and members of their families who are resident in the Republic of Bulgaria.
(4) When moving to another country - member of the European Union enjoy the rights under par. 2 pt. 1-5 is suspended after receiving EU Blue Card or other residence permit by the next Member State or on the expiry of the period of stay in Bulgaria.
(5) The conditions under par. 2 shall not prevent the imposition of administrative compulsory measures under Chapter Five of the Law on Foreigners in the Republic of Bulgaria.
Art. 74d. (1) During the first two years of legal Skilled jobs holder of the EU Blue Card can exercise in the Republic of Bulgaria only actions meeting the conditions under which it was issued the EU Blue Card.
(2) During the period under par. 1 holder of the EU Blue Card may change employer only after receiving written permission from the Employment Agency.
(3) The permission under par. 2 will be granted or denied under the terms and conditions specified in the ordinance under Art. 74, para. 1.
Art. 74e. (1) If left without work, holder of the EU Blue Card has the right within three months to seek and to begin work in compliance with Art. 74d para. 2.
(2) Until the approval of the change of employer circumstance under par. 1 is not grounds Employment Agency to propose withdrawing an EU Blue Card.
(3) The right under par. 1 may be invoked only once within the period of validity of the EU Blue Card.
(4) In the circumstances under par. 1 holder of the EU Blue Card is registered in the Employment Agency under Art. 18, para. 2 pt. 1 and 2, para. 4-6 and the term of art. 18, para. 5.

(5) Where the provisions of par. 3 and 4 and the conditions for access to the labor market under the ordinance of art. 74, para. 1 Employment Agency shall prepare a reasoned proposal for revoking or not renewing the EU Blue Card. "
§ 13. In chapter nine in Section I create art. 78a and 78b:
"Art. 78a. (1) Based on the risk assessment Executive Agency "General Labour Inspectorate" exercise control over the employment of foreigners.
(2) The risk assessment under par. 1 is performed in order to identify economic activities and sectors where there is or is likely to perform hiring illegal aliens. The risk assessment is based on an analysis of available data on the supply and demand of labor force, including foreigners, in activities and sectors, the level of proposed payment registered violations and other data that may have an impact on identifying violations Art. 73, para. 2.
Art. 78b. (1) Foreigners who are illegally employed can in person or by proxy individuals and / or entities to signal Executive Agency "General Labour Inspectorate" for violations of Art. 73, para. 2 from their employer.
(2) Third parties who have a proven legitimate interest in compliance with art. 73, para. 2 are entitled to engage on behalf or in support of illegally employed foreigner with his consent in administrative and civil proceedings provided under this Act and the Administrative Violations and Penalties Act.
(3) The provision of assistance under par. 1 and 2 of foreigners who are illegally employed, shall not be considered as facilitation of unauthorized residence.
(4) The authorization under par. 1 and consent under par. 2 shall be certified by a notary. "
§ 14. A Art. 82a:
"Art. 82a. (1) An employer violates the provisions of Art. 73, para. 2 when the offense is not a crime, a fine or penalty payment in the amount determined under Art. 48c of the Act on Foreigners in the Republic of Bulgaria, unless subject to a more severe penalty.
(2) Employers under par. 1, which are legal entities can not participate in measures to promote employment under this Act for a period of one year from the finding of a violation.
(3) an alien violated the requirements of Art. 74d and 74e may be revoked blue card or refused renewal by the Law on Foreigners in the Republic of Bulgaria and its Implementing Rules. "
§ 15. In additional provision be made the following amendments:
1 . The name was changed to "additional provisions".
2. In § 1:
a) the item. 27a:

"27a. "Highly qualified employment" is employment of a person who possesses the necessary for the job competence - acquired higher education that leads to a diploma, certificate or other document issued by a competent authority after training lasting no less than three years conducted by an educational institution recognized as a university by the state. "
B) The t. 36, 37 and 38:
"36. "EU Blue Card" means the document to reside and work in alien defined in § 1, p. 1d of the additional provisions of the Law on Foreigners in Bulgaria.
37. "Illegal resident alien" is a term defined in § 1, p. 3b of the additional provisions of the Law on Foreigners in Bulgaria.
38. "Illegal employment of a foreigner" is the employment of illegally staying foreigner in the Republic of Bulgaria, as well as hiring or accepting a foreigner without proper authorization or registration by the Employment Agency. "
Third. Created §1a, §1b and §1v:
"§ 1a. Ministry of Labour and Social Policy until July 1 of each year submit to the European Commission information on the checks carried out during the previous calendar year identified in the risk assessment under Art. 78a para. 2 economic activities and sectors, both in absolute terms and in percentage of the employers in a given activity or sector. Information should also reflect the results of the checks.
§ 1b. The provisions of Art. 70, para. 1 and Art. 71, 72, 72a, 73, 73a, 74, 74a - 74e, 78a, 78b and 82a apply to foreigners - citizens of third countries.
§ 1c. This law establishes requirements:
1. 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 June 18, 2009);
2. Directive 2009/52 / EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third country (OB, L 168/24 of June 30, 2009) . "
§ 16. In § 7 of the transitional and final provisions, the words" until 31 December 2010 'is replaced by' until 31 December 2011 ".
Transitional and Final Provisions

§ 17. (1) State enterprise "Bulgarian-German Vocational Training Centre" is the successor of the Bulgarian-German Vocational Training Centres in Pazardjik, Pleven and Stara Zagora, created by Decree № 255 of the Council of Ministers in 2001 conversion Bulgarian state vocational schools German participation in the Bulgarian-German vocational training Centres (prom. SG. 97 of 2001 .; amend., SG. 78 of 2005 pcs. 101 2007 and SG. 93 of 2009), the Bulgarian-German vocational training Centre - Smolyan, established by Decree № 283 of the Council of Ministers 2007 (SG. 101 of 2007) and the Bulgarian-German center vocational training - Tsarevo, established by Decree № 30 of the Council of Ministers 2009 (SG. 14 of 2009) - entities under Art. 60 of the Administration Act and secondary budget spending to the Minister of Labour and Social Policy, and shall assume the rights, duties, legal relations, property, assets and liabilities in their balance sheet at the date of entry into force of this Act.
(2) labor relations with the directors and employees in the centers under par. 1 shall be settled under the terms and conditions of Art. 123 of the Labour Code.
§ 18. In the Law on Foreigners in the Republic of Bulgaria (prom. SG. 153 of 1998 .; amend., SG. 70 of 1999, pcs. 42 and 112 of 2001, pcs. 45 and 54 of 2002, pcs. 37 and 103 of 2003, pcs. 37 and 70 of 2004 Nos. 11, 63 and 88 of 2005, pcs. 30 and 82, 2006 pcs. 11, 29, 52, 63 and 109 of 2007, pcs. 13, 26, 28 and 69 of 2008, pcs. 12, 32, 36, 74, 82, 93 and 103 of 2009 SG. 73 of 2010, pcs. 9 of 2011) the following amendments:
1. In art. 10, para. 1 created item. 23:
"23. has submitted a document with false or made false declarations. "
2. In art. 25:
a) in para. 1 m are created. 14 and 15:
"14. minor children, born and abandoned by the parent / s - alien / citizen / us in the Republic of Bulgaria, who are placed in institutions or other alternative social services residential care as a measure of protection;
15. minor children, abandoned by their parent / s - alien / citizen / us in the Republic of Bulgaria, who are placed in institutions or other alternative social services residential care as a protection measure. "
B) paragraph 2 shall be amended as follows:
"(2) The procedure for establishing the circumstances and conditions under par. 1 shall be determined by the implementing regulation of the law. "
Third. In art. 26, para. 1 the number "22" is replaced by "23".
4. In art. 33 para. 2 and 3 are amended as follows:
"(2) Foreigners staying short or long the territory of the Republic of Bulgaria, can operate in an employed or seconded parties only after obtaining a permit or registration by the Ministry of Labour and social policy.

(3) The foreigners received work permit or registration under par. 2 can perform work only for the employer or the resident and for the period determined by the work permit or registration. "
5. In art. 33g creates par. 3:
"(3) The Republic of Bulgaria without formalities, readmit an alien who has issued a residence permit, members of his family when the other country - member of the European Union, is withdrawn or denied stay. "
6. In art. 33k:
a) in para. 1 after the word "residence" add "and work" and finally added "under the Law for Promotion of Employment";
B) in para. 2 in the first sentence after the word "residence" add "and work" in the second sentence the words "be issued a residence permit" is replaced by "authorization is issued."
7. In art. 33l par. 4 is a second sentence: "In applying the provisions of par. 2 family members of the holder of the EU Blue Card may be issued a temporary residence permit. "
8. In chapter three "b" "Stay of third-country nationals for the purposes of highly qualified employment" to create art. 33n and art. 33o:
"Art. 33n. The period of unemployment is not a reason for revoking an EU Blue Card, or refusing to extend the residence of the owner, if not exceed three consecutive months or when it occurs more than once in the period of validity of the EU Blue Card.
Art. 33o. Family members holder of the EU Blue Card can receive single permit for continuous stay under Art. 24f par. 4. "
9. In art. 45 new paragraph. 4:
"(4) The costs related to the return and readmission of the holder of the EU Blue Card and members of his family, issued by another Member State shall be borne by the applicant and / or his employer."
10. A Art. 46c:
"Art. 46c. Republic of Bulgaria immediately readmit without formalities the holder of the EU Blue Card issued by the Republic of Bulgaria, and members of his family, including when the EU Blue Card has expired or been revoked when considering the application. "
11. In art. 48:
a) in para. 1 pt. 2 conjunction "and" is replaced by "or";
B) in para. 2 words "hired to work" are replaced by "employ or accept legally resident" after the words "size" add "from 2000 and";
C) in para. 3 after the word "sanction" is added "in size by 4000".
12. A Art. 48c:
"Art. 48c. (1) A fine of 750 to 7,500 lev individual employed illegally staying alien, unless the act constitutes a crime.

(2) Where an offense under par. 1 is committed by a legal entity shall be imposed proprietary sanction from 3,000 to 30,000 lev.
(3) Where the violations under par. 1 and 2 are repeated shall be fined from 1,500 to 15,000 lev and legal persons shall be imposed a pecuniary penalty of 6,000 to 60,000 lev.
(4) Penalties under par. 1-3 apply to any contractor illegally staying foreigner. "
13. In § 1 of the Supplementary Provisions:
a) the item. 3b:
"3b. "Illegal resident alien" is any foreigner - citizen of a third country, which is located in the Republic of Bulgaria and does not meet or no longer meets the conditions for stay or residence. "
B) pt. 9, after the words "under Art. 24, para. 1 pt. 2 "is added" and art. 25, para. 1, p. 13 ".
§ 19. In the Law on recognition of professional qualifications (prom. SG. 13 of 2008 .; amend., SG. 41 and 74 of 2009, pcs. 98 of 2010 and No.. 8 and 9, 2011) Art. 8, para. 1 created item. 4:
"4. highly skilled visa under Art. 15, para. 1 of the Law on Foreigners in the Republic of Bulgaria. "
§ 20. In the Public Procurement Act (prom. SG. 28 of 2004 .; amend., SG. 53 of 2004, pcs. 31 34 and 105 of 2005, pcs. 18, 33, 37 and 79, 2006, issue. 59 of 2007, pcs. 94, 98 and 102 of 2008, pcs. 24 and 82 of 2009 ., No. 52, 54, 97, 98 and 99 of 2010 and SG. 19 of 2011) in art. 47, para. 2, the pt. 4:
"4. It has imposed an administrative penalty of employment of illegal aliens in the last 5 years. "
§ 21. This Act shall enter into force on 15 June 2011 with the exception of § 5, which comes into force on July 1, 2011 ., and § 16, effective from January 1, 2011
law was adopted by the 41 th National Assembly on May 25, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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