Below you can find a concise overview of what you should know if you want to employ people in Bulgaria.
Recruitment
» The recruitment process is not formalized, so the employer generally has discretion in determining the recruitment criteria and the required documents, if there are no prohibited discriminative requirements.
» There are some specific data protection rules for recruitment, such as certain limitations on the period of processing of job candidate’s data.
Employment contract
» Employment is formalized and requires the conclusion of a written employment contract with certain minimum mandatory content. The employment contract can be signed digitally, however there are numerous legal requirements for the creation, storage and exchange of e-employment documents which must be observed.
» Employment contracts can be concluded for an indefinite period or as fixed-term contracts, however the latter are only admissible in limited cases. There are various options for flexible work, such as home office, part-time work, shift work, work during specific days of the month, etc.
Termination of employment
» The employer cannot unilaterally terminate the employment without cause and must be able to demonstrate the presence of one of the legal grounds for termination if intending to terminate the employment. The employee, on the other hand, can always terminate the employment without cause by submitting a written termination notice.
» The employment contract can be terminated only in writing and the procedure for termination is very formalistic, requiring the completion of specific steps, procedures and documents. Certain categories of employees benefit from special protection from dismissal and/or in case of redundancies. Such employees can only be dismissed on limited grounds and/or with the prior permission of the local authorities.
Key takeaways
» Bulgarian employment law is very formalistic and compliance requires strict adherence to the legal procedures and deadlines and careful drafting of the required employment documentation.
» Bulgarian employment law is very protective to employees and contains numerous provisions that aim to safeguard the employees’ rights and interests, especially certain categories of vulnerable employees.
» Although challenging, it is perfectly possible to successfully navigate the Bulgarian employment regulations by having clear processes and responsibilities within the organization, as well as by seeking appropriate legal support for preparation of documentation and handling more complicated cases, such as dismissals, labour disputes, redundancies.
Please note that this article is for informational purposes only and does not serve as legal advice. For further details on this topic, please reach out to Emil Lukaev at emil.lukaev@elukaev.com.