Bulgaria

28. 6. 2012

The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.

Notification duty

Yes

Notification office

National Employment Agency – www.az.government.bg/eng/index_en.asp

National Revenue Agency (financial office) – www.portal.nap.bg for posting exceeding 183 days

Tax office where posted employees must register when exceeding 183 days in Bulgaria

National Revenue Agency – http://portal.nap.bg/en/

Period of notification of posting

Notification may be carried out simultaneously with the posting.

Sanctions for failure to notify

In accordance with Art. 48 of the Foreigners Law, a failure to notify may lead to a fine of the equivalent of 250 Euro to 2,500 Euro for a natural person and 10,000 Euro for a legal person. A continuous failure to comply with the law may lead to the increase of the fine from 500 to 5,000 Euro for a natural person and 20,000 Euro for a legal person.

Notification form

There is no form required for the notification with the National Employment Agency.

Data to be notified

  • a document confirming the employment relationship (usually the employment contract) of the posted employee in accordance with the legislation of the state where the employer is seated (Government Directive)
  • a personal document together with a temporary residence permit in Bulgaria
  • E 101, E 102 forms

Maximum length of working time

The maximum length of the working time is 8 hours. The working week is 5 days, i. e. 40 hours.

Minimum length of a rest period

  • The working time is interrupted by one or more breaks. The employee is entitled to be given at least a 30 minute rest period for meal.
  • An employee is entitled to be given at least a 12 hour continuous period of rest between two shifts.
  • An employee is entitled to have a so-called weekly rest of at least 48 hours between two 5 day working weeks. An employee working on shifts (the modification of the beginning time of shifts in two consecutive weeks) is entitled to have a minimum of 24 hours of a weekly rest.

Minimum length of holidays

The minimum length of holidays is 20 working days per calendar year.

Minimum wage

The minimum monthly salary converted to Euro is 123 Euro.

An employer must pay an employee agreed remuneration for overtime work which must not be less than:

  • 50 % for overtime work on working days;
  • 75 % for overtime work on weekends and days off;
  • 100 % for overtime work on official holidays;
  • 50 % for overtime work when summarising the working time.

The increase in accordance with the article above is calculated based on the salary set in the employment contract if not stated otherwise.

Documents to be available at the place of pursuance of employment

  • personal documents (ID or passport)
  • employment contract with the employer from the EU country posting the worker
  • E 101 or 102 form
  • EHIC – European Health Insurance Card
  • temporary residence permit in Bulgaria

Necessity to translate documents

Yes, precise translations in Bulgarian must be attached to documents written in foreign language. This also applies to the administrative proceeding concerning the notification of posted employees from abroad.

Obligation to store the documents

No.

Obligation to entrust a responsible representative

Bulgarian law does not explicitly stipulate the obligation unless the posted employee works for a local person who automatically becomes the representative of the employee. The representative must have a seat in Bulgaria.

Obligation to entrust a responsible representative for receiving papers

No, unless the employee works for a local person who automatically becomes the representative of the employee. The representative must have a seat in Bulgaria.

Discussion

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