Seconding Employees Abroad

A general principle of the Bulgarian labour law related to the secondment of employees from Bulgaria is the prohibition of a unilateral amendment by the employer of the employment agreement, a substantial element of which is the place of work. However, the nature of the employment or the needs of the employer sometimes require a temporary cross-border relocation of an employee to a subsidiary or affiliated company of the same group in another country, or to a client in the context of cross-border provision of services. This is commonly known as “posting” or ”secondment” and leads to a temporary change … Continue reading

How to Terminate an Employment Agreement when Closing Down an Enterprise

Nowadays, due to the continuing world economic crisis, unfortunately, the business phenomenon of “closing down an enterprise/a part of an enterprise” is a really common practice. This has been the case in Bulgaria too where companies have increasingly had to close down due to economic reasons. This inevitably imposes the need of termination and settlement of the employment relations between the company which is closing down and its employees. The Bulgarian labour legislation provides for some special rules with regard to company shutdowns which should be strictly observed when a Bulgarian employment agreement is terminated on the grounds of closing … Continue reading

Termination of Employment Agreement Due to Staff Reduction in Bulgaria

Staff reduction is one of the most common grounds used for termination of employment agreements in Bulgaria by the employers with a termination notice for convenience. The reason for this lies in the statutory right of the employer to organize the workflow and to determine the staff number and schedule at his own discretion. Prerequisite: Staff schedule adopted by the employer The presence of a staff schedule adopted by the employer is the corner-stone for the termination of employment agreements in Bulgaria due to staff reduction. The staff schedule represents a list of all job positions and number of people … Continue reading

Fixed-term Employment Agreement For Substitution in Bulgaria

When it comes to fixed-term employment agreements Bulgarian labour legislation is traditionally highly restrictive. Usually a fixed-term employment agreement in Bulgaria is defined as an employment agreement with a short duration aimed at satisfying an employer’s temporary and exceptional need of manpower. Due to the narrow interpretation of the cases when such arrangements are deemed permissible and appropriate, the Bulgarian labour law has established three basic types of fixed-term employment contracts, which are most common in business practice: employment agreement for a definite period of time not exceeding three years, concluded for temporary, seasonal or short-term activities in Bulgaria; employment … Continue reading