06.03.2024

PAYING OVERTIME WHEN WORKING ABROAD

It is not uncommon in practice for a worker or employee to perform tasks abroad under a contract with another company. To achieve the goals, the worker is sent to the respective countries, where he works for some time (for example, two weeks), after which he returns for a certain period to Bulgaria and then leaves again for the next business trip.

Usually, in these situations, the worker or employee receives, in addition to the travel allowance and additional hourly remuneration for the work he performs, as well as for the travel time from Bulgaria to the respective country and back.

Those working in such conditions often have claims for additional compensation in the form of days off for the time during which they traveled, as well as for the work they did on Saturdays there, to use after they return to Bulgaria.

Is there any reason for employers to recognize this claim and provide the compensation that workers claim?

In order to give an accurate answer to these questions, first of all, it should be analyzed whether the worker or the employee is working overtime.

According to Bulgarian legislation, travel time on a business trip does not constitute part of working time. Therefore, in respect of travel days, there is no basis for granting the claim.

According to the legal provisions, an additional agreement is signed with the seconded worker or employee, which includes determining the length of the working day and working week, the daily, inter-day and weekly rest, as well as the days of public holidays in the host country.

In practice, if the host company works according to a schedule that causes the employee in question to work on Saturday, a day off (for example, Saturday), he most likely rests, for example, on Sunday and Monday. In such situations, the Bulgarian employer should have information about the exact number of hours worked in order to additionally calculate the hourly remuneration. If some of these hours are overtime, they should be paid at increased overtime pay.

In Bulgarian labor legislation, there is only one case of compensating overtime with rest, and that is when there is overtime on the two days of the interweek break.

The law indicates that for overtime work on the two days of the weekly rest, when calculating the working hours per day, the worker or employee has the right, in addition to increased pay for this work, and a continuous rest period in the following working week in the amount of not less than 24 hours.

Reference:

Art. 2, para. 2, item 5 of the Ordinance on the terms and conditions for secondment and dispatch of workers and employees within the framework of the provision of services

Art. 153, para. 4 of the Labor Code