Legal Alert – Changes to Labor Code (EN)



Flexible Work Hours 

The flexible work hours provisions have been supplemented so that it is possible to compensate any hours outside the compulsory presence hours which fall short of the full working day’s duration with extra work during the subsequent day(s) of the same working week.

Obligation of the Employer to Keep Employment Records 

Pursuant to the amendments the employer shall keep employment records for all its employees. The employment record shall be created at the employee’s commencement of work and should contain all documents regarding the creation, existence, amendment and termination of the employment relationship.

Employment Agreement for Short-Term Seasonal Agricultural Work 

A new type of employment agreement is introduced concerning short-term seasonal agricultural work. Such an agreement can be signed only between employees and registered agricultural producers for a period of one day. The work under this agreement shall not be recognized as employment service. The same employee could be a party to this type of agreement for no longer than 90 days in total within a given calendar year. The agreement may be concluded only for unqualified work in connection with processing of plants and harvesting fruit, vegetables, roses and lavender.

The employees hired under this type of agreement shall be socially secured for disability, old age, death, work accident and professional illnesses risks, as well as health insured based on the minimal social security thresholds for the respective activity. In addition, the employment under the short-term seasonal work agreements shall not affect the employees’ entitlement to unemployment benefits.

Termination of the Employment Agreement in case of the Employee’s Retirement  

The entitlement of the employee to old-age pension retirement shall become grounds for termination of the employment agreement with that employee. While the employee may terminate the employment agreement on those grounds without any termination notice, the employer would be obligated to give the employee a prior written notice.

Simplified Rules for Microenterprises and Small Enterprises  

The rules concerning the prolongation of the working day due to production reasons pursuant to Art. 136a, the introduction of part-time work by the employer in case of work volume reduction pursuant to Art. 138a and the employer’s obligation to adopt internal working rules pursuant to Art. 181 of the Labour Code shall no longer apply to microenterprises and small enterprises.

 

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