Name of law
Law amending the Labour Code




Name Bill
A bill amending the Labour Code





Date of adoption
10/02/2010



Number / year Official Gazette
15/2010








DECREE № 31 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Labour Code, adopted by HLI National Assembly on February 10, 2010
released in Sofia on February 16, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Act amending the Labour Code (prom. SG. 26 and 27 of 1986 .; amend., SG. 6 1988 No.. 21, 30 and 94 of 1990, pcs. 27, 32 and 104 of 1991, pcs. 23, 26, 88 and 100 of the 1992 Decision № 12 of the Constitutional Court from 1995 - pcs. 69 1995 .; amend., SG. 87 of 1995, pcs. 2, 12 and 28 of 1996 pcs. 124 of 1997, pcs. 22 1998 Decision № 11 the Constitutional Court of 1998 - SG. 52 of 1998 .; amend., SG. 56, 83, 108 and 133 in 1998, pcs. 51, 67 and 110 of 1999, pcs. 25 2001 SG. 1, 105 and 120 of 2002, pcs. 18, 86 and 95 of 2003, SG. 52 of 2004, pcs. 19, 27, 46, 76, 83 and 105 of 2005 SG. 24, 30, 48, 57, 68, 75, 102 and 105 of 2006, pcs. 40, 46, 59, 64 and 104 of 2007, pcs. 43, 94, 108 and 109 2008 and SG. 35, 41 and 103 of 2009)
§ 1. Article 3b is amended as follows:
"branch, branch, district and municipal councils for tripartite cooperation
Art. 3b. (1) Cooperation and consultations Art. 3 branches, branches, districts and municipalities is carried out by sectoral, branch, district and municipal councils for tripartite cooperation.
(2) The branch, branch, district and municipal councils for tripartite cooperation consist of two representatives of relevant ministries, other department, district or municipal administration, the representative organizations of workers and employers.
(3) The representatives of ministries, other institutions and regional and municipal administrations are determined by the relevant minister, the head of another department, governor or mayor of a municipality and the representative organizations of workers and employers - from their guidelines according to their statutes.
(4) The Presidents of the industry, branch, district and municipal councils for tripartite cooperation shall be determined by the relevant minister, the head of another department, governor or mayor of a municipality after consultation with the representative organizations of workers and employers in their respective councils for tripartite cooperation. "
§ 2. In art. 3c al. 3 and 4 are amended as follows:

"(3) The branch, branch, district and municipal councils for tripartite cooperation discuss and express opinion in the resolution of specific issues under Art. 3 for the industry sector, region or municipality.
(4) Post under par. 3 is given at the request of the state body which regulates the relevant issues or on the initiative of industry, branch, district and municipal councils for tripartite cooperation. "
§ 3. In art. 3e be amended as follows:
1. In para. 5 tons. 3 is amended as follows:
"3. decisions of district and municipal council for tripartite cooperation - of the governor and the mayor or the chairman of the municipal council, according to the competence to adopt a final decision on the issues discussed. "
2. Paragraph 6 is amended as follows:
"(6) The state, regional and municipal authorities, which have been granted posts Tripartite Council are obliged to consider the adoption of decisions within its competence."
§ 4. In art. 114 made the following amendments:
1. The title is amended as follows: "Employment contract for work on certain days of the month."
2. The text after the word "months" a comma and added "this time is recognized for service."
§ 5. In art. 120a para. 2 is amended as follows:
"(2) The term of office of an institution of the European Union employee retains his employment relationship and continues to receive from the employer's primary wage."
§ 6. In Art . 121 new para. 3:
"(3) Where the period of secondment in the provision of services in another Member - State of the European Union in another country - party to the Agreement on the European Economic Area or Switzerland more than 30 calendar days, the parties agreed on secondment at least the same minimum working conditions as established for employees performing the same or similar work in the host country. Conditions under which parties should reach an agreement, shall be established by the Council of Ministers. "
§ 7. In art. 154 is amended as follows:
1. In para. 1 the words "Easter - two days (Sunday and Monday)" is replaced by "Good Friday, Holy Saturday and Easter - Sunday and Monday."
2. In para. 2 first sentence is amended as follows: "The Council of Ministers may announce other days once for national holidays and days for celebrating certain professions days to provide appreciation and shuffling weekends throughout the year."
§ 8. Art. 163, para. 10 a second sentence: "The time during which maternity benefits are recognized for service."
§ 9. In art. 200, para. 1 the words "over 50 percent" are replaced by "50 and 50 percent."

§ 10. In art. 315 is amended as follows:
1. In para. 1, 'the industry of the national economy "is replaced by" economic activity ".
2. Paragraph 2 is amended as follows:
"(2) The portion of the total number of employees under par. 1 economic activity is determined by the Minister of Labour and Social Policy and the Minister of Health. "
§ 11. In art. 351 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Work experience is also the time during which perform public service or work in an employment relationship under the law of another Member - State of the European Union in another country - party to the Agreement on the European Economic Area or in the Swiss Confederation and the time of appointment in a European Union institution certified by an act of origination and termination of the relationship. "
§ 12. in art. 352 made the following amendments:
1. The previous text becomes para. 1 and in it in pt. 4 finally add "and pregnancy and childbirth."
2. A par. 2:
"(2) The provisions of paragraph. 1 shall also apply to legal relationships under Art. 351, para. 2. "
§ 13. Article 353 is amended as follows:
" Work experience in employment void
Art. 353. Time to recognition of employment void at work in the country or in another Member - State of the European Union in another country - party to the Agreement on the European Economic Area or Switzerland is recognized for service if the employee acted in good faith in its occurrence. "
§ 14. In art. 354 be made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) The provisions of par. 1, p. 1-7 shall also apply in the event of such circumstances in another Member - State of the European Union in another country - party to the Agreement on the European Economic Area or Switzerland. "
§ 15. In § 1, p. 9 of the supplementary provisions letter "d" is repealed. Final provisions

§ 16. In the Law on Civil Servants (prom. SG. 67 of 1999 .; Amend. No.. 1 2000, pcs. 25, 99 and 110 of 2001 SG. 45 of 2002, No. 95 of 2003, SG. 70 of 2004, No. 19 of 2005, pcs. 24, 30 and 102 of 2006, pcs. 59 and 64 in 2007, pcs. 43, 94 and 108 of 2008, pcs. 35, 42, 74 and 103 of 2009) in art. 81c par. 2 is amended as follows:
"(2) The term of office of an institution of the European Union civil servant keeps his service and continues to receive from the appointing authority basic monthly salary."

§ 17. In the Law on Local Government and Local Administration (Prom. SG. 77 of 1991 .; amend., SG. 24, 49 and 65 of 1995, pcs. 90 1996 No.. 122 of 1997, pcs. 33, 130 and 154 of 1998, pcs. 67 and 69 in 1999, pcs. 26 and 85 of 2000, pcs. 1, 2001, issue . 28, 45 and 119 of 2002, pcs. 69 2003 pcs. 19 and 34, 2005, issue. 30 and 69, 2006, issue. 61 and 63 of 2007, No. . 54 and 108 of 2008, pcs. 6, 14, 35, 42 and 44 of 2009) in art. 21, para. 1, p. 23 finally put a comma and added "including declaring a particular day for celebration and a holiday in the municipality, district, mayoralty or settlement on a proposal from the mayor after consulting with the governor."
§ 18. Paragraphs 6, 11, 12, 13 and 14 shall enter into force six months after the entry into force of this Act.
The law was adopted by the 41 th National Assembly on February 10, 2010 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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