Legal Alert Act Amending and Complementing the Labour Code

  1. Obligation to Maintain and Increase Professional Qualification

The provisions concerning the employees’ professional qualification have been extended so that the employer is obligated to create conditions for the employees’ professional qualifications maintaining and increase and to make sure that employees who were absent continuously from work are rendered familiar with the novelties in work.

On the other hand, employees are obligated to participate in educational events organized or financed by the employer and to make efforts to increase their qualification level.

  1. Labour Legislation Compliance Control

The powers of the bodies responsible for the labour legislation compliance control have been extended and the amounts of the fines and pecuniary sanctions for breaching the labour legislation have been significantly increased. There is an option for the person in breach and the penalizing body to reach an agreement and to defer liabilities under penal acts which have entered into force.

  1. Other Amendments

(a) Paid annual leave remuneration is already calculated on the basis of the accrued and not of the paid average daily gross labour remuneration for the last calendar month preceding the leave during which the employee has worked for at least 10 working days. When there is not a month, during which the employee has worked for at least 10 working days with the same employer, the labour remuneration is determined based on the basic labour remuneration and the additional labour remunerations of permanent nature as agreed upon under the employment agreement.

(b) There have been amendments to the Healthy and Safe Working Conditions Act under which the legal and natural persons who independently employ persons, the legal and natural persons who use employees provided to them by temporary employment agencies as well as the persons who work at their own account alone or in partnerships are obligated to submit an annual declaration with the territorial directorate of the Labour Inspection by 30-th April of the following year. The form and the contents of the declaration should be set forth in a regulation of the Labour and Social Policy Minister (such a regulation has not been adopted yet). A declaration needs not be filed if the circumstances subject to declaration have not changed.

This Legal Alert has been prepared by DELCHEV & PARTNERS for information purposes only and does not constitute legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Readers should not act upon this without seeking professional counsel.