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Act for Amendment and Supplement to the Labour Code

 

The Act for Amendment and Supplement to the Labour Code was promulgated in SG, issue 7 dated January 24, 2012. The adoption of the amendments is connected with  Convention No. 181 of the International Labour Organization regarding private labour bureaux (agencies), 1997, ratified by the National Assembly on January 13, 2005, as well as with the necessity for harmonization of Bulgarian labour legislation with Directive 2008/104/EC of the European Parliament and the Council of November 19, 2008 on temporary agency work.

The main purpose of the Act is to regulate the specific employment relations between undertakings providing temporary work, workers and employees, and user undertakingsby way of creating a new section VIIIc “Additional Conditions for Work through an Undertaking Providing Temporary Work” in Chapter V of the Labour Code. Restrictions are introduced regarding the conclusion of the employment contract for temporary work at the user undertaking. It is stipulated that enterprises providing temporary work shall perform their activity after registration with the Employment Agency pursuant to the conditions and order, specified in the Employment Encouragement Act.

The Act regulates the conclusion and termination of a definite-term employment contract for the period of the long-term mission at a representation of the Republic of Bulgaria abroad under the Diplomatic Service Act. New grounds for termination of the employment contract without a notice by the worker or employee is stipulated in case he/she works under an employment contract with an undertaking providing temporary work and enters into an employment contract with another employer not being an undertaking providing temporary work – Art. 327, Item 7a of the Labour Code.

The terms “undertaking providing temporary work”, “user undertaking”, “undertaking connected with the national security and defence of the country” and “basic working and employment conditions” are defined and the terms “employer” and “workplace” are supplemented. The provisions of Art. 34 and 35 of the Labour Code are precised with a view to achieving approach between the representation criteria for the workers’ and employees’ organizations and those of employers at national level.

In conformity with Directive 2010/18/EU of the Council of March 18, 2010 for applyingthe revised frame agreement for the parent’s leave, Art. 167a, Para. 1 of the Labour Code is amended, according to which each parent (adopter) can use up to 5 months of the other parent’s (adopter’s) leave with his/her consent. A new provision (Art. 167b) regulating the rights of worker or employer returning to work after having used a leave under Art. 163-167a or because of discontinuation of its use is created as well.  

 

 
   
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