Labor Law Consultation

05.09.2023

PROTECTION FROM DISMISSAL DURING THE PROBATIONARY PERIOD

Does the protection against dismissal apply during the probationary period? If I am laid off during my probationary period, will I be able to get compensation from the Labor Office?

In Art. 70, para. 1 of the Labor Code provides that the final employment acceptance of the worker or employee may be preceded by a contract with a trial period of up to 6 months.

The main purpose of the trial period is for the party in whose favor it is agreed to satisfy itself that the work is suitable for the person concerned, that it is performed according to the conditions and requirements set by the employer. The Labor Code stipulates that until the trial period expires, the party in whose favor it is agreed may terminate the contract without notice - Art. 71, para. 1 of the Labor Code.

Upon termination of the employment relationship on this basis, the protection in the event of dismissal provided for in Art. 333 of the Labor Code does not apply.

According to Art. 54a, para. 1, item 1 and item 2 of the Social Insurance Code, persons for whom insurance contributions have been paid or are due in the "Unemployment" fund for at least 12 months in the last 18 months before the termination of insurance are entitled to unemployment compensation and which:

  1. are registered as unemployed with the Employment Agency;
  2. have not acquired the right to a pension for insurance service and age in the Republic of Bulgaria or an old-age pension in another country or do not receive a pension for insurance service and age in a reduced amount according to Art. 68a or occupational pension under Art. 168;
  3. do not exercise employment for which they are subject to compulsory insurance under this code or under the legislation of another country, with the exception of persons under Art. 114a, para. 1 of the Labor Code.

The amount of cash compensation for unemployment and the period during which it will be received are determined by the territorial division of the National Social Security Institute.