29.12.2022

RIGHT TO SOCIAL BENEFITS IN THE CASE OF A SECOND EMPLOYMENT CONTRACT

According to Art. 111 of the Labor Code, the worker or the employee may enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless otherwise agreed in his individual employment contract under his main employment relationship. Paid annual leave is determined in proportion to the time counted as work experience. The length of service is calculated according to the general rules, being calculated by hours, days and months (Article 355 of the Labor Code). When working under two employment contracts, leave is allowed and used in any legal relationship. There is no obstacle to using a paid annual leave at the same time for both legal relationships in the case of a second employment contract based on Article 111 of the Labor Code.

In the event that the paid annual leave is not used at the same time or leave of different duration is taken, it is possible to apply for the use of paid annual leave from one employer and unpaid leave - from the other employer.

According to Art. 12, para. 8 of the Ordinance on the structure and organization of the salary, the additional remuneration for seniority and professional experience (class) is paid for the time actually worked within the relevant monthly duration of the working time only under the main employment relationship, and in the case of part-time work - under each individual employment contract, until they are supplemented to the corresponding monthly duration of working hours. Therefore, if the main employment relationship is 8 hours, then according to the contract under Art. 111 of the Labor Code, remuneration for work experience and professional experience is not paid.

According to Art. 296 of the Labor Code, the employer provides workers with free work and uniform clothing under conditions and according to the order established by the Council of Ministers or in a collective labor agreement. The Ordinance on free work and uniform clothing (SG, No. 9 of 2011) regulates the order, manner and conditions for providing free work and uniform clothing by employers to employees.

According to Art. 292 of the Labor Code, social, household and cultural services for employees are financed with funds from the employer and from other sources. The manner of using the funds for social, household and cultural services is determined by a decision of the general assembly of workers and employees - art. 293, paragraph 1 of the Labor Code.

Therefore, the funds from the social, domestic and cultural services of the employees are used in the manner determined by the general assembly. In view of the provisions, the employer cannot order the payment or non-payment of funds for social, household and cultural services without a decision of the general assembly of workers and employees.