25.01.2023

INCREASE IN SALARY AFTER MATERNITY

In practice, a common question asked by workers returning to work after maternity leave is whether they are entitled to a salary increase when other employees in the company have received salary updates one or more times.

Workers often face conflicting answers as to whether they are entitled to an automatic increase in pay or whether the update of the amount should be regulated by other mechanisms.

What is the situation with salary increases after maternity leave and what are the rights of female and male employees in these cases?

Before the specific answer to the question, several clarifications of the provisions in the laws should be made. According to the legislation in Bulgaria, the amount of labor remuneration is determined according to the duration of the work or according to the work done. The amount of labor remuneration per unit of production (labor rate) is agreed between the worker or the employee and the employer and cannot be less than what is provided for in the collective labor agreement. The salary is paid at the enterprise where the work is performed, in advance or in full every month twice, unless otherwise agreed.

The remuneration is paid personally to the worker or the employee according to the payroll or against a receipt or at the written request of the worker or the employee - to his relatives. At the written request of the worker or employee, his remuneration is transferred to a deposit in the bank specified by him.

In the case of conscientious performance of labor duties, the worker or employee is guaranteed the payment of labor remuneration in the amount of 60 percent of his gross labor remuneration, but not less than the minimum wage for the country. The difference up to the full amount of the remuneration remains due and is payable additionally together with the statutory interest.

Knowing the legal regulations, we can also answer specifically the question regarding the increase in remuneration after maternity leave.

If the contract worker is paid the minimum wage, the wage should be increased if the national minimum wage itself was raised during the time the worker was on maternity leave.

If, after raising the levels of the minimum wage for the country, the remuneration is not updated in an amount not less than that of the current minimum wage for the country, then the employer is in violation. In these cases, the employee is entitled to an increase in remuneration. The same applies if there is an increase in the amounts for remuneration agreed with a collective labor agreement, if the worker is a member of the trade union organization that is part of the parties to the agreement.

However, if it is not a question of an increase in remuneration based on this principle, then any increase occurs by individual agreement with the employer or through the mechanisms of the collective labor agreement.

Reference:

Art. 245, Art. 247, Art. 270 of the Labor Code