Advanced Search

Law Amending And Supplementing The Law On Promotion Of Employment

Original Language Title: Закон за изменение и допълнение на Закона за насърчаване на заетостта

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Name of law Law amending and supplementing the law on promotion of employment Name of Bill a bill amending and supplementing the law on promotion of employment date adopted 21/07/2010 number/year Official Gazette 59/2010 Decree No 217

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 law on employment promotion adopted by the National Assembly of the HLI 21 July 2010.

Issued in Sofia on July 28, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on promoting employment (official 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. , PC. 26, 89 and 109 from 2008, PCs. 10, 32, 41 and 74 from 2009 and PCs. 49 of 2010.)

§ 1. In art. 7 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) for the purposes of the implementation of the State employment policy Executive Agency" Labour Inspectorate and the employment agency shall exchange information on conditions and in accordance with procedures laid down in the agreement concluded between them. "

§ 2. In art. 16 is made the following changes and additions:

1. In paragraph 8, the words "the research of the labour market ' shall be replaced by" research and forecasting of labour market ".

2. a new item 11:

"11. the salaries of external experts for participation in committees for the conduct of examinations for acquiring professional qualifications;".

3. The former item 11, 12 and 13 shall become item 12, 13 and 14.

4. an item 15:

"15. the costs of orders granting financial assistance under priority axis 1" promoting economic activity and development of the labour market, promoting inclusion "and 2" increased productivity and adaptability of employees "of the operational programme" human resources development ", when these costs are verified by the managing authority are paid and are eligible under this law."

§ 3. In art. 20 the following modifications are made:

1. In paragraph 8. 3, paragraph 2, the word "application" shall be replaced by "application".

2. Paragraph 5 shall be amended as follows:

"(5) a person shall be entitled to the next registration no earlier than the expiry of 6 months after the termination of the previous registration on the basis of para. 3, item 1 and al. 4, item 1 – 5 and 7 and provided they have no obligations to the budget because of non-compliance with the requirements of the contracts concluded in their participation in programmes and training measures financed with funds for active labour market policy, including in programmes of the European Union. "

§ 4. In art. 22 is made the following changes and additions:

1. a new paragraph. 3:

"(3) the employment agency provides access to the information under para. 2, item 1 through your page. The content of the information available is determined by the regulation for implementation of this law. "

2. the Previous para. 3, 4, 5 and 6 become Al respectively. 4, 5, 6 and 7.

§ 5. Art is created. 22A:

"Art. 22. (1) the employers declared binding in territorial divisions of employment agency vacancies for persons working in an employment relationship within the meaning of the law administration for the Administration in State enterprises under art. 62, para. 3 of the commercial law and municipal companies.

(2) within 14 working days from the date of publication of the work under para. 1 territorial divisions of employment agency guide jobseekers, conforming to the requirements of the workplace. "

§ 6. In art. 25, para. 2 item 4 shall be amended as follows:

"4. the employment programmes."

§ 7. Art is created. 27A:

"Art. 27. (1) for registration to perform brokerage work can apply natural and/or legal persons 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. have not been declared bankrupt;

3. are not in liquidation proceedings, and for the persons referred to in para. 2 – do not find themselves in a similar procedure under national laws and regulations;

4. do not have imposed administrative sanctions under art. 81, para. 1 or 2 for violation of art. 28, para. 1, 3, 4, and al. 7, item 2 in the period three years before the date of application for registration;

5. the members of the management and/or supervisory bodies of legal entities:

(a)) are not persons with imposed penalties according to art. 81, para. 1 or 2 for violation of art. 28, para. 1, 3, 4, and al. 7, item 2 in the period three years before the date of application for registration;

(b)) were not members of the management and/or control bodies of the persons who have imposed sanctions under art. 81, para. 1 or 2 for violation of art. 28, para. 1, 3, 4, and al. 7, item 2 in the period three years before the date of application for registration.

(2) persons registered under the legislation of a Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland, prove the circumstances under para. 1, item 1 – 3 in accordance with the legislation of the State of registration. "

§ 8. In art. 28 create al. 9 and 10:

(9) the persons under art. 27, al. 2, item 2 required employment agency provided information about the advertised job vacancies for them and for the jobs that are already employed or is dropped, the need to find a candidate:

1. where the intermediary has an electronic register for available jobs, available in the Internet space, it provides rights to contact him through the website of the employment agency;

2. where the intermediary does not have an electronic register for available jobs, available in the Internet space, he is obliged to declare them through their registration in "job fair" on the website of the employment agency.

(10) the employment agency provides access to the information under para. 9 through its website. The content, conditions and procedures for the exchange of information between the employment agency and the persons under art. 27, al. 2, item 2 shall be determined by the regulation for implementation of this law. "

§ 9. In art. 30 and the following modifications are made:

1. In paragraph 8. 1:

a) points 4 and 5 are amended:

"4. the contributions payable by the employer for the pensions fund, the Fund for accidents at work and occupational disease", Fund "sickness and maternity" on the resulting, including accrued and liability outstanding, gross salary or gross nenačislenoto remuneration, including remuneration referred to in paragraph 3 and 6, according to art. 6, al. 3 of the social insurance code, as well as for funds for additional compulsory pension insurance and national health insurance fund;

5. the contributions payable by the employer to fund unemployment "on the resulting, including accrued and liability outstanding, gross salary or gross nenačislenoto remuneration, including remuneration referred to in paragraph 3 and 6, according to art. 6, al. 3 of the social insurance code; "

(b) in item 11) the words "and 49 and ' shall be deleted;

in paragraphs 14 and 15) are repealed;

(d) in paragraph 21) the words "and article. 49 a, para. 4 "are deleted.

2. in the Al. 2:

a) in paragraph 2, the words "of persons under art. 48A, 49 and 49A "are replaced by" of the persons under art. 49 ";

(b)) in item 5, the words "and article. 49 a, para. 1 "shall be deleted;

c) in item 8, the words "14, 15 and" shall be deleted;

(d) in paragraph 13), the words ' and article. 49 a, para. 1 ' shall be deleted.

§ 10. In art. 30 (b) make the following amendments and additions:

1. In paragraph 8. 1:

and in the text) before item 1 the words "territorial unit of employment agency and" shall be replaced by ' employment agency through the territorial division and ";

b) in paragraph 4, the words "or under art. 48 and ' shall be deleted.

2. in the Al. 3 the words "the person under art. 48A "semicolon after them are deleted.

3. a para. 4:

"(4) the provision of funds under art. 30 and be carried out provided that the same expenses are not funded from other sources. "

§ 11. In art. 31 is made the following changes and additions:

1. Paragraph 1 shall be amended as follows:

(1) the Council of Ministers, the Ministry of labour and social policy and employment agency, individual ministries and other State institutions or regional administrations and the social partners, as well as non-profit organizations, registered pursuant to chapter three of the law of non-profit legal entities, in collaboration with the social partners can develop and offer to fund and implement programs to increase employment related to the priorities of the national strategic documents for development and national action plan on employment, as well as programs for employment, education, vocational training and training in key competences of disadvantaged groups in the labour market. "

2. a new paragraph. 2:

"(2) every year by decision of the National Council for employment promotion Committee shall be drawn up for evaluation and selection of programs/projects provided for in para. 1 and art. 25 and 33. In the composition of the Commission consists of representatives of the representative organizations of workers and employees at the national level, the representative employers ' organisations at national level, the Ministry of labour and social policy and employment agency. The methods of operation and functions of the Commission shall be determined by the regulation for implementation of this law. "

3. the Previous para. 2, 3 and 4 shall become respectively al. 3, 4 and 5.

§ 12. In art. 33 following amendments and supplements shall be made:


1. In paragraph 8. 2, second sentence, after the words "under para. 1 "a comma and add" as well as programs for the employment and training of persons exempt from work as a result of massive layoffs. "

2. Paragraph 3 shall be amended as follows:

"(3) the regional employment and training programmes are being developed at the initiative of the regional and municipal administrations, the social partners and other legal entities and shall be submitted for approval periodically in committees on employment to the regional councils for development. The employment offer approved regional employment and training programs for funding under conditions and by an order determined by the regulation for implementation of this law. "

§ 13. In art. 41, first sentence, the words "but not more than 6 months" are replaced by "but for not more than 9 months.

§ 14. In art. 42 a, para. 3, paragraph 3 the word "application" shall be replaced by "application".

§ 15. In art. 47, para. 1 the words "and the request of the person ' shall be replaced by ' and the application of the person".

§ 16. Article 48a shall be repealed.

§ 17. In art. 49, para. 2, the words "its rights under paragraph 1. 1, under art. 47 or under art. 49 (a) ' shall be replaced by "its rights under paragraph 1. 1 or under art. 47. "

§ 18. Article 49 (a) is repealed.

§ 19. In art. 49 (b), the words "Of persons under art. 47, 49 and 49A "are replaced by" Of the persons under art. 47 and 49 ".

§ 20. In art. 50 words "for a period of 12 months" are replaced by "for a term not exceeding 12 months".

§ 21. In chapter six, section VIII creates art. 55 (e):

"Art. 55 e. for each revealed "Green workplace", to which an unemployed person is employed with continuously maintained register not less than 6 months, directed by the employment agency, the employer shall provide the amounts in accordance with art. 30 (a), para. 2 for the time during which the person was working, but for a period not exceeding 12 months. "

§ 22. In art. 56 para. 1 shall be amended as follows:

(1) employers and institutions engaged in adult education or vocational training, can use the tools under this law, if they do not have required public obligations, have no obligations for non-performance of contracts concluded under the programmes, measures and training, as well as on projects under the operational program "human resources development", and the measure for employers is admissible according to the law on State aid. "

§ 23. In art. 62, para. 3, first sentence, the words "can" be deleted.

§ 24. In art. 63 following amendments and supplements shall be made:

1. point 2 shall be replaced by the following:

"2. the persons under art. 48 and 49; ".

2. In paragraph 4, after the words "to their qualifications" insert "or their competence."

§ 25. In art. 76, para. 2 the words "persons under art. 27, al. 2, paragraph 2 "shall be replaced by" persons engaged in brokerage activity and employment services ".

§ 26. In art. 81 al. 2 shall be amended as follows:

"(2) The natural and/or legal persons carrying out brokerage activity and services in violation of the requirements for the implementation of the activity, having a fine, penalty, respectively, at a rate of 1000 to 2500 BGN, and for repeat offenders, from 2500 to 5000 LEVs."

§ 27. In art. 82 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) The employer, hired by an employment relationship an alien without work permit or without registration in the employment agency or the resident, accepted the job posted alien without work permit or without registration at the employment agency, as well as the alien performing work without a work permit or without registration at the employment agency, and the foreigner in the Republic of Bulgaria on secondment within the framework of the provision of services without a work permit or without registration in the employment, having a fine or penalty payment in the amount determined under art. 48 of the law on foreigners in the Republic of Bulgaria, unless subject to a more severe punishment. "

2. a para. 3:

"(3) an employer who is not declared in an employment agency in the legal withdrawal period the employment of third-country nationals who have not obtained permission for permanent residence in the territory of the Republic of Bulgaria and are members of a family of Bulgarian citizens or the citizens of the European Union, of a State party to the agreement on the European economic area or the Swiss Switzerland which, by virtue of the international treaties concluded with the European Union have the right to free movement, having a fine or penalty payment in the amount of 1000 to 2500 BGN, and for repeat offenders, from 2500 to 5000 LEVs. "

§ 28. In art. 84, the words "persons under art. 48A "semicolon after them are deleted.

§ 29. In art. 85 following amendments and supplements shall be made:

1. Create a new para. 2 and 3:

"(2) the Act on the establishment of an administrative offence shall be given to the offender personally against signature, and failing to be served shall be mailed by registered letter with advice of delivery. In cases where the person is not found to the address of the management of his/her permanent address or the address of the place of work, the service is performed, such as on the dashboard for announcements and on the official website of the art. 75, para. 2 place the message for the drafting of the Act, to be of service.

(3) in the cases referred to in para. 2 the Act establishing administrative infringement is deemed to be served after the expiry of 7 days from the placement of the message or its publication on the official website of the art. 75, para. 2. "

2. the Previous para. 2, 3 and 4 shall become respectively al. 4, 5 and 6.

§ 30. In § 1 of the supplementary provision shall create item 34 and 35:

"34." external expert referred to in art. 16, 11 "is a natural person, suggested by the employer to participate in the Committee for the conduct of examinations for acquiring of professional qualification and included in the list approved by the Executive Director of an employment agency. Criteria and procedures for inclusion in the list shall be determined by the Executive Director of an employment agency.

35. "green jobs" are jobs, revealed in economic activities linked to the production of goods and provision of services supporting the protection of the environment, according to a list of economic activities, approved by the Minister of environment and water and the Minister of labour and social policy. "

The law was adopted by 41-Otto National Assembly on July 21, 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

6209