Name of law Law amending and supplementing the Labour Code Name of Bill a bill amending and supplementing the labour code date adopted 22/07/2010 number/year Official Gazette 59/2010 Decree No 208

Pursuant to article 101, paragraph 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, 23 June 2010, readmitted 22 July 2010.

Issued in Sofia, 27 July 2010.

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 of 1992, the Decision of the Constitutional Court No. 12 of 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 and PCs. 15 and 46 of 2010.)

§ 1. In art. 34, paragraph 2, the words "the national classification of economic activities" shall be replaced by the words "classification of economic activities".

§ 2. In art. 35, para. 1, item 2, the words "the national classification of economic activities" shall be replaced by the words "classification of economic activities".

§ 3. In art. 46, para. 1, first sentence, after the words "public authorities" a comma and add "local authorities".

§ 4. In art. 51 (b), para. 2 the words "the national classification of economic activities" shall be replaced by the words "classification of economic activities".

§ 5. In art. 66 following amendments and supplements shall be made:

1. a new paragraph. 4:

"(4) the title of the post shall be determined according to the National classification of occupations and posts established by the Minister of labour and social policy in consultation with the President of the National Institute of statistics."

2. The current paragraph. 4 it al. 5.

§ 6. Article 172 is amended as follows:

"Way of use

Art. 172. The paid annual leave shall be granted to the employee at once or in parts and used in accordance with the schedule established by the employer during the calendar year for which they are entitled. "

§ 7. Article 173 shall be replaced by the following:

Line of service

Art. 173. (1) at the beginning of each calendar year, the employer shall establish the schedule for the use of paid annual leave of employees after consultation with the representatives of trade unions and employees ' representatives under art. 7, para. 2. The schedule shall be drawn up in such a way as to enable all employees to use your paid annual leave until the end of the calendar year to which the lays.

(2) the employee is required to use your paid annual leave until the end of the calendar year to which the lays.

(3) in the event that, in the period referred to in the schedule referred to in paragraph 1. 1, the employee is located in another leave of absence, he may use his due and paid annual leave at another time within the same calendar year.

(4) the employees who profess religion, distinct from the Eastern Orthodox Christianity, the employer is required to allow the use of their own choice on the part of the annual paid leave or unpaid leave under art. 160, para. 1 for the days of the relevant religious holidays, but not more than the number of days for the East-Orthodox religious holidays under art. 154. (5) Days for the religious holidays of religions other than Eastern Orthodox Christianity, are determined by the Cabinet of Ministers on a proposal from the official guide of the creed.

(6) Paid annual leave benefits after the employer's written permission.

(7) the employer shall be entitled to paid annual leave granted to the employee and, without his written request or consent:

1. during the stay more than 5 working days;

2. when using the granted simultaneously by all employees, as provided for in the law, the collective agreement or in the rules of the internal labour order;

3. in the event that the employee has not requested vacation time to 5 working days after the date laid down in the schedule referred to in paragraph 1. 1 start date for its usage.

(8) the employer is required to allow paid annual leave to the employee when he is requested for the period referred to in the schedule referred to in paragraph 1. 1, unless the application was deferred by the procedure of art. 176.

(9) where the employer has not authorized the use of the grant for the period referred to in the schedule referred to in paragraph 1. 1, the employee is entitled to determine the time for its usage, having informed the employer in writing at least two weeks in advance. "

§ 8. Article 176 is amended as follows:

"Postponing the use of art. 176. (1) for important production reasons the employer may defer to the following calendar year, the use of part of the paid annual leave amounting to not more than 10 working days.


(2) the use of paid annual leave may be postponed and when during the calendar year to which it relates, the employee has not had the opportunity to use it in whole or in part due to the use of temporary incapacity for work, leave for pregnancy, childbirth and adoption or paternity leave. In this case the paid annual leave benefits at a time in the calendar year in which the reason for its misuse.

(3) the employee's Entitlement to paid annual leave shall lapse after the expiry of two years from the end of the year to which the lays this leave. When the paid annual leave is deferred under the conditions and by the order of al. 2, the employee's entitlement to paid annual leave shall lapse after the expiry of two years from the end of the year in which the reason for its misuse. "

§ 9. In art. 221, para. 1, after the words "art. 327 "added al. 1. "

§ 10. In art. 222, para. 2, after the words "art. 327 "added al. 1. "

§ 11. In art. 224 al. 1 shall be amended as follows:

"(1) upon termination of employment the employee is entitled to a monetary compensation for unused paid annual leave for the current calendar year in proportion to the time that is recognised for work experience, and for unused leave, deferred by the procedure of art. 176, the right to which is not barred. "

§ 12. In art. 327 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and create item 10 and 11:

10. "the employer shall terminate its activities;

11. the employer has provided unpaid leave to the employee without his consent. "

2. Al are created. 2 and 3:

"(2) in the cases referred to in para. 1, item 10, when the employee is unable to submit his written application for termination of the employment contract, therefore, that the employer, the person who represents him, or the person designated to receive the correspondence of the employer cannot be found on the registered office referred to in the contract, the application may be filed in the Labour Inspectorate at the registered office or registered office of the employer. If after inspection carried out jointly by the control authorities of the Labour Inspectorate, the National Insurance Institute and the National Revenue Agency, it is found that the area actually has ceased its activities the employer, the contract is considered terminated from the date of filing of the application in the Labour Inspectorate at the registered office or registered office of the employer.

(3) procedure for carrying out the verification referred to in paragraph 1. 2 shall be determined by an Ordinance of the Minister of labour and social policy, in consultation with the Manager of the National Social Security Institute and Executive Director of the National Revenue Agency. "

§ 13. In art. 349 Al is created. 3:

"(3) in the cases under art. 327, para. 2 the date and reason for termination of employment shall be entered in the working license from the Labour Inspectorate, in which the application is made. "

§ 14. Art is created. 403:

"Obligations of the employer in relation to the control of observance of labour law

Art. 403. (1) in the enterprise, in its divisions, locations and work sites, and in other places to which the lays employee, the employer is required to keep at the disposal of the control authorities a copy of the rules of the internal labour row and documents related to the distribution of working time and work organisation: orders for overtime, for stand-by duty, about the time available establishing part-time work schedules and registered for the period for which it is established totalizing calculation of working time.

(2) the employer shall designate in writing to officials in enterprise, in its divisions, locations and work sites, and in other places to which the lays employee to pose in front of the control bodies of the Labour Inspectorate.

§ 15. In art. 413, para. 2, the words "of 10 000 to 15 000 ' shall be replaced by ' from 1500 up to 15 000 EUR" and the words "from 2500 to 10 000 ' shall be replaced by ' from 1000 to 10 000 BGN.

§ 16. In art. 414 is hereby amended as follows:

1. In paragraph 8. 1, the words "of 10 000 to 15 000 ' shall be replaced by ' from 1500 up to 15 000 EUR" and the words "from 2500 to 10 000 ' shall be replaced by ' from 1000 to 10 000 BGN.

2. in the Al. 3 the words "15 000" shall be replaced by "1500 up to 15 000 EUR" and the words "EUR 10000" is replaced by "from 1000 to 10 000 BGN.

§ 17. In art. 415, para. 1, the words "a fine from 2500 to 10 000 ' shall be replaced by" penalty payment or fine in the amount of 1500 to 10,000 BGN.

§ 18. In art. 415 in the words "liable person is punishable by a fine or penalty payment in the amount of 50 to 100 BGN. ' shall be replaced by" the employer shall be liable to a penalty or a fine of 100 to 300 BGN, and faulty officer – with a fine of 50 to 100 BGN.

§ 19. In § 1 of the additional provisions establishes that 14:

"14." suspension of activity "is the actual cessation of the production and/or the economic activity of the enterprise for more than 15 days without stay or suspension was named to work due to technological reasons or production needs."

§ 20. Transitional provisions the following amendments and supplements shall be made:

1. paragraph 3 (b) shall be replaced by the following:


"§ 3 (b). (1) from 1 January 2010 until 31 December 2010, after prior coordination with the representatives of trade unions and representatives of employees under art. 7, para. 2 the period for which you enter incomplete working time under art. 138 (a), para. 1 may be extended by another three months, provided that the employer used measures to preserve employment, financed from the State budget and/or the operational programme "human resources development".

(2) in the cases referred to in para. 1 if in the month following the period for which it is introduced part-time employment the employee is terminated, the benefits referred to in art. 220, art. 221, para. 1, art. 222 and 224 shall be determined by the employment contract agreed in principal and additional wages with permanent character. "

2. Create is § 3 (d), 3 (e) and 3 is:

"§ 3 (d). (1) until 31 December 2011, the period for which the employer may assign the employee to perform other work temporarily at the same or another undertaking, but, at the same location or locality under art. 120, para. 1 may be extended by another 45 calendar days during one calendar year.

(2) in the cases referred to in para. 1 for the period after 45 days under art. 120, para. 1 necessary consent of the employee.

§ 3 (e). (1) until 31 December 2010, to reduce the amount of work, the employer may grant unpaid leave to the employee without his consent at a rate of up to 60 working days during a calendar year, provided that at the time of unpaid leave benefit measures to preserve employment, financed from the State budget and/or the operational programme "human resources development" and that has previously been introduced part-time under art. 138 (a), para. 1 and § 3 (b), para. 1 and during this period they used measures to preserve employment, financed from the State budget and/or the operational programme "human resources development".

(2) in the cases referred to in para. 1 unpaid leave is recognised for work experience.

(3) If during use or in the month following the period for which the unpaid leave of absence is granted under paragraph 1. 1 the employment relationship, the employee is terminated, the benefits referred to in art. 220, art. 221, para. 1, art. 222 and 224 shall be determined by the employment contract agreed in principal and additional wages with a permanent character.

§ 3. Unused until 1 January 2010 paid annual leave for previous calendar years can be used only until 31 December 2011. "

Final provisions

§ 21. In the law on civil servants (official SG. 67 of 1999; amend., no. 1 of 2000, issue 25, 99 and 110 since 2001, no. 45 of 2002, no. 95 of 2003 No. 70 by 2004, no. 19 of 2005, no. 24, 30 and 102 in 2006 and 59/64 since 2007. , PC. 43, 94 and 108 of 2008, PCs. 35, 42, 74 and 103 of 2009 and PCs. 15 and 46 of 2010.) make the following changes and additions:

1. In art. 56 para. 3 and 4 are repealed.

2. In art. 57:

a) paragraph 1 shall be amended as follows:

(1) Paid annual leave is used with written permission of the appointing authority in the calendar year for which it is applied. ';

b) paragraph 3 shall be amended as follows:

"(3) the State employee benefits your paid annual leave until the end of the calendar year to which the lays. The appointing authority is obliged to allow paid annual leave of civil servants by the end of the calendar year, unless the application was deferred by the procedure of art. 59. "

3. Article 59 is amended as follows:

"The postponement of the use

Art. 59. (1) where the needs of the Office, the appointing authority may defer for the following calendar year, the use of part of the paid annual leave amounting to not more than 10 working days.

(2) the use of paid annual leave may be postponed and when during the calendar year to which it relates, the State employee has not had the opportunity to use it in whole or in part due to the use of temporary incapacity for work, leave for pregnancy, childbirth and adoption or paternity leave. In this case the paid annual leave benefits at a time in the calendar year in which the reason for its misuse.

(3) in the cases referred to in para. 1 or when the appointing authority shall refuse to authorize the use of paid annual leave requested, he shall issue a reasoned written order.

(4) in the event that the appointing authority did not provide for the use of the pending leave of absence until the end of the following calendar year, the civil servant shall be entitled to determine the time of the application, inform it within 7 days before the use of the grant.

(5) the right of civil servants to paid annual leave shall lapse after the expiry of two years from the end of the year to which the lays this leave. When the paid annual leave is deferred under the conditions and by the order of al. 2, the right of civil servants to paid annual leave shall lapse after the expiry of two years from the end of the year in which the reason for its misuse. "

4. In art. 61:

a) paragraph 2 is amended as follows:

"(2) in the event of termination of service the State employee is entitled to a monetary compensation for unused paid annual leave for the current calendar year in proportion to the time that is recognised for work experience, and for unused leave, deferred by the procedure of art. 59, the right to which is not barred. ";

(b)) is hereby set up al. 3:

"(3) the amount of the monetary damages under para. 2 shall be determined in accordance with the amount of gross wages, determined servant, at the date of termination of service. "

5. transitional and final provisions § 8 are created and 8 (b):


"§ 8A. Unused until 1 January 2010 paid annual leave for previous calendar years can be used only until 31 December 2011.

§ 8 (b). (1) for 2010 does not provide a representative clothing under art. 40, para. 1.

(2) within one month from the entry into force of the Act, the Minister of Finance made the Al. 1 changes in the budgets of authorising officers the primary and budgetary relationships with municipalities for 2010. on a proposal from the relevant authorising officers. "

§ 22. 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 by 2009 and PCs. 12 of 2010.) in art. 55 after the number "415" a comma and add "415 c."

§ 23. In the social security code (promulgated, SG. 110 since 1999, Decision of the Constitutional Court No. 5 of 2000 – 55/2000; 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 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 and PCs. 16, 19 and 43 of 2010.) in the transitional and final provisions establishes the § 22 (p):

"§ 22 p. (1) until 31 December 2010, the security service of the employees for which part-time work was introduced pursuant to § 3 (b), para. 1 of the transitional provisions of the labour code, respecting in full, regardless of the duration of working time.

(2) until 31 December 2010 for retirement without making contributions, count the time that was used unpaid leave under § 3 (e), para. 1 of the transitional provisions of the labor code. "

§ 24. In the law on health insurance (official SG. 70 of 1998; amend., SG. 93 and 153 of 1998, no. 62, 65, 67, 69, 110 and 113 in 1999, issue 1 and 64 in 2000, 41/2001, no. 1, 54, 74, 107, 112, 119 and 120 of 2002, no. 8, 50, 107 and 114 from 2003. , PC. 28, 38, 49, 70, 85 and 111 in 2004, PCs. 39, 45, 76, 99, 102, 103 and 105 of 2005, St. 17, 18, 30, 33, 34, 59, 80, 95 and 105, 2006, issue. 11 of 2007; Decision of the Constitutional Court No. 3 of 2007 – PCs. 26 of 2007; amend., SG. 31, 46, 53, 59, 97, 100 and 113 of 2007, PC. 37, 110 and 71 of 2008, PCs. 35, 41, 42, 93, 99 and 101 of 2009, PCs. 19, 26 and 43 of 2010.) in the transitional and final provisions establishes the § 19 (l):

"§ 19 (l). Until 31 December 2010 for persons on unpaid leave provided for in § 3 (e), para. 1 of the transitional provisions of the labour code, and which are not subject to the provision of another entitlement, sickness insurance contribution determined by the procedure of art. 29, para. 3, is entirely at the expense of the employer. The contribution is determined on one half of the minimum monthly for self-employed persons set by the law on State social insurance budget for 2010, and shall be paid by the undertaking or organization until the end of the month following the month to which it relates. "

§ 25. The law shall enter into force on the day of its publication in the Official Gazette with the exception of:

1. paragraph 21, paragraph 1, which shall apply from 1 January 2011;

2. (11) and § 21, item 4 (a), which shall enter into force on 1 January 2012.

The law was passed by the National Assembly-Otto 41 of 23 June 2010 and on July 22, 2010, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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