Implementation of the EU Directives on Work-Life Stability and on Clear and Predictable Working Circumstances in Bulgaria
The EU Directives on Work-life stability and on Clear and predictable working situations had been launched into the Bulgarian nationwide laws in August 2022 and led to important adjustments and obligations for the employers. What do they imply for companies?
This report is designed to assist firms to grasp the necessities and the way they’ve been applied.
Implementation of EU Directive on Work-Life Stability (EU Directive 2019/1158)
Has the directive been applied within the jurisdiction?
Sure.
What’s the standing of the implementation or draft implementation?
The Bulgarian Nationwide Meeting has adopted a brand new legislation amending and supplementing the Bulgarian Labour Code. The legislation was revealed in State Gazette No. 62/05 August 2022 and got here into impact on 01 August 2022.
Amendments and dietary supplements to the Bulgarian Ordinance on Working Time, Relaxation and Depart have additionally been adopted. These had been revealed in State Gazette No. 78/30 September 2022, and in addition got here into efficient on 01 August 2022.
What are the important thing adjustments for employers and staff?
1. Paternity go away
New guidelines within the Labour Code have launched 2 months’ go away for fathers (together with adoptive fathers) for elevating a toddler as much as the age of 8 (underneath sure situations).
The Ordinance additionally regulates the order and methodology of utilizing the brand new sort of go away for elevating a toddler as much as the age of 8 by the daddy (or adoptive father or mother). The Ordinance regulates the required paperwork, the deadlines for his or her submission, the situations for termination of use and the obligations of the employer.
2. Rights of staff regarding work-life balanc
An worker who’s a father or mother (or adoptive father or mother) of a kid of as much as 8 years of age has the suitable to suggest (in writing): a change to the length and distribution of his/her working hours inside a sure interval; to work remotely; and to make different adjustments to the employment relationship that higher facilitate work-life stability.
An worker can even have the suitable to suggest the adjustments specified above if for severe medical causes they take care of a father or mother, little one, partner or sibling, a father or mother of the opposite partner, or different direct family members.
What are the primary actions for HR departments in getting ready for the adjustments?
Evaluation and revise inside documentation together with:
Inner guidelines;
Off-boarding process (if this exists);
Different employment insurance policies and practices relevant to staff relating to their parental entitlements;
Software varieties required to use for brand spanking new go away intervals
Implementation of EU Directive on Clear and Predictable Working Circumstances (EU Directive 2019/1152)
Has the directive been applied within the jurisdiction?
Sure.
What’s the standing of the implementation or draft implementation?
The Bulgarian Nationwide Meeting has adopted a brand new Legislation amending and supplementing the Bulgarian Labour Code. The legislation was revealed in State Gazette No. 62/05 August 2022 and got here into impact on 01 August 2022.
What are the important thing adjustments for employers and staff?
1. Probationary Interval
When the employment contract for the work assigned to the worker is for a interval of as much as 1 12 months, the agreed probationary interval can’t exceed 1 month. The modification due to this fact modifies the present normal rule that probationary intervals of as much as 6 months might be included in all Bulgarian employment contracts.
2. Mounted-term contracts
The worker now has the suitable to suggest amendments (in writing) to an employment contract: to modify from a set time period to an indefinite employment contract; to modify from a part-time to a full-time contract. If the employer refuses, they need to present a reasoned written justification.
3. Parallel employment
The worker has the suitable to work for an additional employer exterior the working hours laid out in his/her primary employment contract except there’s a prohibition in the primary contract to guard the employer’s commerce secret and/or a battle of curiosity. A whole ban on extra work for an additional employer can due to this fact now not be included in employment contracts.
4. Employer’s obligation to offer info to the worker
For each modification made to the employment relationship, the employer is now obliged to present the worker written info on the change no later than when the amendments come into pressure. (Till now, the employer had to offer the data as quickly as potential or no later than 1 month, after making the modification.)
There are newly launched obligations on employers to offer staff with info on: inside wage guidelines; phrases and situations for the labour contract to be terminated underneath the Labour Code; coaching alternatives the employer offers that relate to skilled {qualifications} and competencies.
5. Skilled {qualifications}
If an employer is obliged (both by the legislation or by a collective/ particular person settlement) to keep up and enhance staff’ skilled {qualifications}, the time spent on coaching is taken into account to be working time. Each time potential, such coaching needs to be performed inside established working hours, and all associated prices are on the expense of the employer.
What are the primary actions for HR departments in getting ready for the adjustments?
