Delchev & Partners

CHANGES TO THE LABOUR CODE

(IN FORCE AS OF 17 JULY 2015)  

An Act for the amendment of the Labour Code has been promulgated in State Gazette No 54/ 17.07.2015.

The most important amendments concern the changed procedure for the use of the annual paid leave, the employer’s obligation to keep employment records of their employees and the introduction of a new type of employment agreement for short-term seasonal agricultural work.

Changes concerning the Use of the Annual Paid Leave 

Pursuant to the new rules the terms and conditions for the use of the annual paid leave (the “leave”) have been changed as follows:

• The employer’s obligation for preparing schedules for the use of the leave during the following year is abolished;
• The use of up to a half of the leave could be postponed for the following calendar year by the employer and/or the employee;
• The employer is entitled to unilaterally grant the leave to the employee even without their explicit consent in the cases, where, following an invitation by the employer, the employee has not requested their leave until the end of the calendar year;
• In case the leave is postponed or is not used by the end of the current calendar year, the employer is obliged to ensure the use of the leave no later than six months following the end of the current calendar year;
• If the employee requests the use of their postponed leave during the first six months of the following year, but the employer does not grant it, the employee is entitled to determine unilaterally the period of its use until the lapse of the statute of limitation after s/he informs their employer thereof in writing at least 14 days in advance.

The statute of limitation of the right to use the annual paid leave remains two years.

It should be also noted that with a view to the amendments in the Labour Code the Ministry of Labour and Social Politics has drawn up a bill for the amendment of the Regulation on the Working Time, Rests and Leaves providing for the following changes:

• At the beginning of each calendar year, but no later than 31st January, the employer would need to inform in writing every employee about the number of the paid annual leave days which the employee is entitled to for the current year, including any postponed or unused leave from previous years.
• The use of the leave shall be allowed by the employer or a person authorized by the latter in writing following a written request by the employee. The draft amendments also provide for a written form requirement for the employee’s request for the leave’s postponement, as well as for the employer’s act for granting or postponing the leave. The employer’s invitation to the employee for use of the leave should also be in writing.