Name of law Law for the establishment of employment and retirement by court order Name of Bill a bill for the establishment of employment and retirement Date on the adoption 15/03/2011 number/year Official Gazette 26/2011 Decree No 54
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law for the establishment of employment and retirement by a court order, adopted by the National Assembly of the HLI 15 March 2011.
Issued in Sofia on 25 March 2011.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
on the establishment of an employment and insurance litigation
Art. 1. (1) in accordance with this law can be established:
1. work experience gained after 31 December 1999;
2. pensionable service under the social security code;
3. the time count for work experience and length of service for retirement worked until 31 December 1999 under the current provisions in the meantime.
(2) pursuant to this Act cannot be established for work experience, as well as the retirement of individuals whose contributions to State social insurance are entirely on their own account, or persons who work without an employment relationship.
(3) in accordance with this law cannot be established the amount of remuneration and social security income.
(4) in the established retirement pursuant to this law, the category of work is established in proceedings under art. 98 of the social security code.
Art. 2. (1) the work experience of art. 1, al. 1, item 1 may be established in respect of the employees.
(2) retirement purposes under art. 1, al. 1, item 2 shall be established in respect of the persons under art. 4, al. 1 and 2 of the social security code.
(3) the Experience of art. 1, al. 1, item 3 may be established in respect of persons who are insured for an invalidity pension due to sickness, old-age or survivor's pension under Title III of the labour code of 1951 (OTM, SG. 110 since 1999), Decree No. 265 of 1953 for mutual security members of the labor productive cooperatives (OTM, SG. 110 since 1999) or were members of the COOPERATIVE.
Art. 3. (1) the request for the establishment of employment and retirement be brought before a District Court in the permanent address of the applicant.
(2) the request for the establishment of length of service shall be brought against the employer, and the corresponding territorial branch of the National Social Security Institute, and if the employer has ceased its operations and has no legal successor – only for the territorial division of the National Social Security Institute.
(3) the request for the establishment of the pensionable service shall be brought against the territorial division of the National Social Security Institute.
Art. 4. (1) the application must be written in the Bulgarian language and contain:
1. the designation of the Court;
2. the name, civic address and single number of the applicant;
3. name and address of the defendant;
4. What is the request;
5. addresses of employers/insurers, under which the plaintiff has pursued work activity;
6. the time of the claimed work experience; the length of the working day to workers with an employment relationship; the specific job title or job that is performed; the manner of payment of labour;
7. names and addresses of the persons with whom the applicant has worked;
8. signature of the claimant.
(2) the application shall be submitted:
1. the certificate referred to in art. 5;
2. the documentary evidence referred to in art. 6;
3. the authorization, where the request is submitted by proxy;
4. copies of the application and of the annexes thereto according to the number of defendants.
(3) an application to which the certificate is applied not according to art. 5, left without movement by the plaintiff is given a deadline for its presentation. If the certificate is not made within 7 days, the application shall be returned to the applicant.
Art. 5. (1) an apprenticeship under art. 1, al. 1 can be found if the Court shall submit a certificate issued by the employer/insurer, which was acquired by the internship, his successor in title, or of any other legal or natural person who stores books, payrolls and other records that have been lost or destroyed.
(2) where the insurer has ceased its activity, without a successor, or has not ceased its activity, but payroll and his papers were seized under the instruction of the Manager of the National Social Security Institute issued pursuant to art. 5, al. 12 of the code of social security, presents a certificate from the appropriate territorial division of the National Social Security Institute that the backup data is missing for holding written claimed experience.
Art. 6. (1) The claims for the establishment of employment and retirement are not allowed testimony, if not presented written evidence establishing the probability of employment/pensions and which are issued by the employer/insurer in which the internship is acquired, and during the laying of the traineeship.
(2) depending on the nature of the activity pursued documentary evidence establishing the probability of employment/pensions may be:
1. a contract of employment;
2. the notification referred to in art. 62, para. 3 of the labour code, from which it is apparent that during the period referred to in the statement of claim and the person with the employer an employment contract has been concluded;
3. additional agreements;
4. orders for the establishment of additional consideration for long term business or acquired work experience and professional experience;
5. employment records;
6. insurance licenses;
7. the decisions of the competent authorities for the payment of the remuneration due;
8. award of contract management and control;
9. other similar documents.
(3) where a writ is sought the establishment of an employment/retirement for specific periods of time in order to allow witnesses, documentary evidence is necessary, relevant for any period of time.
(4) witnesses shall be permitted only to persons possessing written evidence that they worked or performed the same job title employer/insurer in the period in which the pretendiraniât is done.
Art. 7. Retirement can be established only if, in the course of legal proceedings is proved, that the plaintiff was in the circle of the persons under art. 2 and this time were due or made contributions in accordance with the provisions in force or has been in the statutory leave, which count towards pensionable service without making any contributions.
Art. 8. The establishment of employment and retirement purposes the Court may stipulate the applicant to appear in person, and to require it to confirm the authenticity of the statement all circumstances set out in the statement of claim or any part thereof.
Art. 9. (1) in matters relating to the establishment of service and pensionable service under this Act shall not collect Government taxes.
(2) the costs for establishing pensionable service shall be borne by the plaintiff.
(3) in matters relating to the establishment of service not paid fees and costs to the plaintiff.
Art. 10. for the outstanding issues in the law, the code of civil procedure shall apply.
Transitional and final provisions
§ 1. This law repeals Decree No. 527 of 1961 establishing the service through the courts (official, no. 104, 1961; amend., SG. 36 of 1979 and no. 21 of 1989).
§ 2. Generated before the entry into force of law cases in district and regional courts and the Supreme Court completed in the previous row.
The law was adopted by 41-Otto National sat Rainier on March 15, 2011 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: