21.10.2022

HOW IS WORK EXPERIENCE FROM ANOTHER COUNTRY RECOGNIZED?

According to the Labor Code, work experience is also the time during which the civil service or work under employment law was performed according to the legislation of another member state of the European Union, in another state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as and the time of holding a position in an institution of the European Union, certified by an act of establishment and termination of the legal relationship.

The work experience of persons acquired in another member state of the European Union, in another state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as well as the time of holding a position in an institution of the European Union is recognized by the employer, at which the person works under an employment relationship.

The persons submit an application to the employer, to which they attach an act of creation and termination of the legal relationship and/or documents issued by the employer and/or by the competent institution according to the legislation of the relevant country, for the circumstances or for some of them, which give grounds for recognition of work experience. The documents, depending on the country of origin, must be drawn up in accordance with the provisions of the bilateral or multilateral international treaties to which the Republic of Bulgaria is a party, or of another law in force in Bulgaria (the Rules for legalizations, certifications and translations of documents and other papers) .

Based on the documents provided, if they give grounds for assuming that the legal conditions of the Labor Code are present, the employer takes the necessary actions to ensure the enjoyment of rights under the employment relationship, resulting from the existence and length of the work experience. The submitted documents are returned to the person, as a copy of them or their inventory is kept in the employment file.

If the country does not fall under the aforementioned hypotheses of the Labor Code, you should check whether Bulgaria has a contract or an agreement with the respective country where you worked. For example, Bulgaria has many concluded social security agreements with Russia, Canada, Tunisia, Israel, Korea, Moldova, Ukraine, as well as with a number of other countries. Unfortunately, no such agreement has yet been concluded with the USA, where there is an extremely large number of working compatriots.

Reference:

Art. 351, para. 2, Art. 352, para. 2, Art. 353 and Art. 354, para. 2 of the Labor Code

Art. 13 of the Ordinance on the work record and work experience

The regulations for legalizations, certifications and translations of documents and other papers

Decree No. 184 of the Council of Ministers of 1958