19.01.2023
WE ARE WORKING IN THE BLACK - WHAT CAN WE DO?
Workers and employees can check how likely it is that their work, or part of it, is undeclared, and get guidance on how to react if a risk of undeclared work is identified.
Employers can also check how well they are enforcing labor laws and address inconsistencies before being inspected on-site.
This is possible thanks to innovative software developed under the international project "Cooperation for decent work", financed by the Fund for Bilateral Relations under the Financial Mechanism of the European Economic Area and the Norwegian Financial Mechanism 2014 - 2021.
The self-assessment tool is freely available on the website of the Executive Agency "Main Labor Inspection", which is a partner in the project, at https://www.gli.government.bg/udw/ A shortcut to it is also provided through the banner " Check if you are working undeclared".
The software is a questionnaire that assesses the risk of undeclared work in its various directions - work without an employment contract or under fictitious conditions, unregulated payments, are the lives and health of workers at risk, etc.
By filling out the questionnaire, the worker receives answers to the extent that his labor rights are respected, what the consequences would be for him of the alleged violations by his employer, as well as guidelines in which cases he has reason to seek assistance from the control authorities.
In order to perform the self-assessment, a questionnaire must be completed, which contains questions regarding general demographic information and assessed risks. There is an option to review the entered answers and then save them by pressing the "Save" button.
The rating page is activated after saving. It shows a recommendation after each question depending on the answer. At the bottom of the page is shown the overall rating and recommendations for it (with a "traffic light principle" background).
Specific individuals cannot be identified through the information collected.
The purpose of the data is to better inform workers and employees about the degree of individual risk of undertaking undeclared work, and in a processed form will serve to improve the information and control activities of the Executive Agency "Main Labor Inspectorate" with emphasis on dealing with undeclared work.
According to various studies and estimates, undeclared work in our country is about 30 percent. It is increasingly rare to find it in its purest form – work without any contract.
Most often, the forms of contracts with so-called fictitious clauses are already used - shorter working hours than actually worked or lower remuneration than actually received are agreed in writing. Thus, part of the money is given by hand, without taxes and insurance being paid on it.
Secondly, the practice of not paying overtime is applied, as well as the use of disguised employment contracts - that is, a civil contract is concluded in the presence of employment relationships, which also reduces the costs for both parties for taxes and insurance.
The labor inspectorate warns workers that when they do not agree in writing the real conditions under which they work, they lose their employment and insurance rights. If necessary, they also cannot prove the conditions under which they really worked and risk not being able to obtain protection from the control authorities or in court.
Employers, for their part, risk being sanctioned, and due to poor working conditions, they also lose qualified labor.
