24.04.2024
EVERYTHING ABOUT WORKING TIME IN BULGARIA
Chapter seven of the Labor Code "Working hours and breaks" deals with the issues of working hours, the length of the working day and the working week, mandatory inter-day and weekly breaks, breaks on the working day, overtime work, night work, work with a cumulative calculation of working hours time etc.
Types of working hours
According to the length of the working day
According to his position during the day
According to compliance with the maximum amounts of working hours established by the Labor Code:
According to the specifics of calculating working hours:
The term "working time" means the time established by law, another regulatory act, a collective labor agreement or an individual labor contract, during which the worker or employee is obliged to be available to the employer on the territory of the enterprise or in another place determined by him. During this time, the worker or employee carries out various types of work and fulfills duties according to his profession, specialty and qualification in accordance with the clauses of the individual employment contract, the rules for the internal labor rules of the enterprise and the collective labor agreement. The employer is obliged to promptly provide the necessary conditions for the performance of labor duties
Working time is one of the measures of any type of work and represents a period of time during which work is carried out. It is an inherent measure of a number of rights and obligations of the worker or employee, which are directly or indirectly related to the amount of work performed.
Bulgarian labor legislation regulates various forms of working time with the aim of providing more flexible possibilities for securing employment, as well as with maximum use of the possibilities of applying for work under several employment contracts.
With item 11 to the additional provisions of §1 of the Labor Code, it is determined that "working time" is any period during which the worker or employee is obliged to perform the work for which he agreed.
Each employer has the exclusive right to determine the organization of working time in the enterprise (the organization, the company, the establishment, etc.), using the various forms of organization, distribution and reporting of working time.
This exclusive right, given by law, should be used by observing the requirements related to the rights of workers to rest during the working day, breaks during shift rotation, inter-day and weekly rests, providing the opportunity to eat, providing physiological regimes of work and rest, etc.
Normal working hours
The normal duration of working hours is established in Art. 136 of the Labor Code.
Normal is the duration of working hours, which is established for work under normal (usual) working conditions, normal intensity and without particular risks to the life and health of workers and employees, as well as in the absence of harmful effects on the working environment.
The normal length of working time is in practice the most widely applied length of working time and serves as a basis for determining working time, as well as for establishing and comparing all other forms of working time.
Wherever work is carried out under an employment relationship, the organization of working hours should be applied under the conditions of a 5-day working week with a normal length of the working day up to 8 hours and the working week up to 40 hours.
Duration of working hours at night
The normal length of working hours at night is 7 hours, and for the week it is up to 35 hours.
The normal length of working time established by the Labor Code is the so-called "full time".
When an employment contract is concluded with a worker or an employee, the working hours must be agreed in the employment contract and it must be recorded whether it is full-time, part-time, etc. In cases where it is recorded that the working time is "full", it is understood that this is the working time up to 8 hours per day (respectively 7 hours) and up to 40 hours per week (respectively 35 hours).
The distribution of working hours is established in the regulations for the internal working order of the enterprise - art. 139, para. 1 of the Labor Code.
Working hours with variable limits
In enterprises where the organization of work allows this, working hours with variable limits may be established. According to Art. 139, para. 2 of the Labor Code, the time during which the worker or employee must be at work in the enterprise, as well as the way of its reporting, are determined by the employer. Outside the time of mandatory attendance, the worker or employee determines the beginning of his working hours himself.
With the amendments to the Labor Code, promulgated in SG No. 54 of 17.07.2015, is provided for in a new para. 3 of Art. 139 in the above cases, outside the time of mandatory attendance, the worker or employee may work the unworked daily working hours on the following or other days of the same working week. The method of accounting for working hours is governed by the company's internal labor regulations.
The purpose of the change is to create a legal possibility for greater flexibility of working time for the worker or employee and to work and distribute at his discretion the full working time within the working week by introducing a more liberal regime, which also gives a good opportunity for reconciling professional and personal life.
The change can benefit all workers and employees who work in enterprises where the organization of work allows it, and the employer takes the necessary actions to establish working hours with variable limits.
Distribution of the working day into parts
Depending on the nature of work and the organization of work, the working day can be divided into two or three parts.
The division of working time into parts is most often imposed by the nature of work.
This form of distribution of working time during the day in parts is applied where the work is not carried out continuously and allows the number of interruptions and their duration to be established in advance with a daily schedule.
When allocating the working time for the day, the legally established restrictions should be observed:
Duty and disposition
According to the provision of Art. 139, para. 5 of the Labor Code, for some positions, due to the special nature of the work, an obligation to be on duty or available to the employer during a certain time of the day may be established. The procedure for establishing the obligation to be on duty and to be available to the employer, the maximum length of time and the procedure for reporting it are determined by an ordinance of the Council of Ministers.
Reduced working hours
The reduced working hours under Art. 137 of the Labor Code, has a shorter duration than that established in Art. 136 of the Labor Code normal length of working hours.
Due to unfavorable or other specific working conditions, age limits or other physiological features, reduced working hours are used.
Reduced working hours are established for:
In these cases, the duration of working hours is reduced according to the relevant procedure established by Art. 137 of the Labor Code, and the Ordinance on determining the types of work for which reduced working hours are established.
The aim is to reduce the working time of the worker or employee in the specific conditions of the working environment and thus to reduce the harmful impact on his health or the appearance of fatigue in the worker or employee, which may have unpredictable and severe consequences for the means or the subject of work or for other workers and employees.
When applying reduced working hours, the remuneration is not reduced and all the rights of the worker or employee are enjoyed, as in the case of an 8-hour working time. These are the rights to paid and unpaid leave, benefits, respect for work experience, etc.
With the Ordinance on determining the types of work for which reduced working hours are established, the "types of work" are established, for which, if the remaining requirements are met, employees can work with reduced working hours. The enumeration of the types of work aims to cover all workers and employees regardless of the enterprise they work in, regardless of its ownership, as well as the economic activity to which it is included according to the Classification of Economic Activities.
Employees who perform the specified works in art. have the right to reduced working hours. 2 and Art. 3 of the regulation, only for the days on which they work not less than half of the normal duration of working hours established by the Labor Code.
Reduced working hours are not established by a state authority. The employer is granted the right to determine the employees who have the right to reduced working hours in his enterprise, in a separate unit or other structural unit.
The order that the employer will issue must contain all the details required by the regulations: the basis on which it is issued (from the Labor Code and the Ordinance on determining the types of work for which reduced working hours are established); the enterprise (employer); the document that establishes the consultations held with the relevant authorities - the representatives of workers and employees, the occupational medicine service; the document on the evaluation of the jobs (types of jobs); the conditions under which it will be used, established in art. 4 of the regulation; the duration of reduced working hours; a detailed listing of the types of work for which reduced working hours will be used.
Extension of working hours
The normal length of working hours cannot be extended except in the cases and according to the procedure provided for in the Labor Code (Article 136, Paragraph 4). The provision enables employers to extend the working hours on some working days at the expense of reducing the duration of working hours on other working days.
When the employer considers that there are production reasons, he can unilaterally establish an extension of working hours by written order. The workers and employees to whom this order applies are obliged to comply with it.
For the order to be lawful, the employer must comply with certain requirements of the law.
For the consultations held with the representatives of the trade union organizations and the representatives of the workers and employees under Art. 7, para. 2 of the Labor Code, some written document - protocol, written opinion, etc. should be drawn up, as a labor dispute may arise regarding the legality of the issued order to extend working hours.
The order to extend the working hours shall be issued in writing no later than 3 working days before the start of work of such mode.
Extension of working hours can only be carried out for employees who work with daily reporting of working hours. In the case of aggregate reporting of working time and work in shifts or according to a schedule, the organization of working time is completely different and it excludes the introduction of this new form.
The extended working day cannot have a longer duration than 10 hours for employees with a normal working day length of up to 8 hours, and for those working under the conditions of a reduced working day length of 7 (respectively 6) hours, the increase can be be only 1 hour daily.
Extension of working hours is allowed for no more than 20 consecutive working days and for no more than 60 working days within a calendar year.
The compensation of extended working hours by the corresponding reduction of working hours for other periods should be done within 4 months for each extended working day.
To compensate the working time, the employer must issue a written order.
Extension of working hours is not allowed for employees who have not reached the age of 18 and for pregnant employees.
The employer must obtain express written consent on a case-by-case basis to extend the working hours of:
– mothers with children up to 6 years of age, as well as mothers who take care of disabled children regardless of their age;
- employed workers or employees, except with their consent and if this does not adversely affect their health according to the conclusion of the health authorities;
- workers or employees who continue their education without breaking away from production, except with their consent.
Part-time work
According to para. 1 of Art. 138 of the Labor Code, the parties to the employment contract may agree to work for part of the statutory working time (part-time). In these cases, they determine the duration and distribution of working time.
This is done by concluding a part-time employment contract. This employment contract can be for a certain period of time, and it can also be concluded for a certain period, to replace an absent worker or employee, etc.
When concluding a part-time employment contract, all requirements established for the conclusion of employment contracts regulated in the Labor Code shall be observed.
In the provision of Art. 136 of the Labor Code, the normal duration of working hours for the day and for the week is established. The comparison for part-time work is made against the full-time work established for the relevant reporting period.
The last para. 3 of Art. 138 of the Labor Code establishes an obligation for equal treatment of full-time and part-time employees. An exception is allowed only if the rights or obligations are related to the length of working hours, work experience, qualification held, etc.
Establishing part-time work unilaterally by the employer
In order for the employer to unilaterally establish part-time work, the following prerequisites must be met:
Establishing part-time work is done with a written order of the employer for each individual case no later than 10 working days before the date of transition to part-time work; the order explicitly states the term and the jobs for which part-time work is introduced and the duration of the working time.
Cumulative calculation of working time
Working time is calculated in working days - per day (Article 142, Paragraph 1 of the Labor Code). With para. 2 of Art. 142 of the Labor Code, the employer is given the opportunity to establish a summary calculation of the working time under conditions and according to the order determined by an ordinance of the Council of Ministers. In this case, the employer determines a period for which a cumulative calculation of working time is established, lasting from 1 to 4 months. It is possible with a collective labor agreement concluded for a certain branch or industry to specify a period for the cumulative calculation of working hours of up to 12 months. The branches and industries in which a period for the cumulative calculation of working hours of up to 12 months can be determined are established by regulation.
It is important to note that cumulative calculation of working time is not allowed for employees with irregular working hours.
The maximum duration of a work shift in the case of cumulative calculation of working hours can be up to 12 hours, and the duration of the working week cannot exceed 56 hours, and for employees with reduced working hours - up to 1 hour above their reduced working hours.
Simultaneously with the establishment of a cumulative calculation of the working time under Art. 142, para. 2 of the Labor Code, the employer is obliged to approve nominal work schedules for the period for which the summary calculation is established, which must be kept for at least 3 years after the end of the period. The employer familiarizes the workers with the established schedules before starting work on them - Art. 9a of the Ordinance on working hours, breaks and vacations.
In case of cumulative calculation of working time, a standard for duration of working time for the period is determined. The rate is determined in hours by multiplying the number of calendar working days included in the reporting period by the daily hourly duration of the working time specified in the employment contract. The nominal schedules are prepared in such a way that the sum of the working hours according to the worker's or employee's schedule for the period for which the cumulative calculation is established must not be greater than the norm for the duration of working hours. In Art. 9a, para. 4 of the Ordinance on working hours, breaks and vacations provides that when night work is performed, the sum of the working hours according to the worker's or employee's schedule is calculated after converting the night hours into daily hours for the shifts with 4 and more than 4 hours of night work with the coefficient under Art. 9, para. 2 of the Ordinance on the structure and organization of the salary, adopted by Resolution No. 4 of the Council of Ministers of 2007.
When preparing the work schedules for the cumulative calculation of the working hours, the requirements for ensuring the minimum amount of breaks established in Art. 152 and 153 of the Labor Code.
According to Art. 152 of the Labor Code, the worker or employee has the right to a continuous interday break, which cannot be less than 12 hours.
The special feature of the cumulative calculation of working hours is that the continuous weekly rest is not less than 36 hours (Article 153, Paragraph 2 of the Labor Code). In addition, when changing shifts when calculating the total working time, the continuous weekly rest may be less than the specified amount, but not less than 24 hours, in cases where the actual and technical organization of work in the enterprise requires this (Article 153, Paragraph 3 of the Labor Code).
The hours worked by the worker or employee, which at the end of the period for which the cumulative calculation of working hours is established, are more than the hours set as the norm for the period, are counted and paid as overtime.
Overtime
According to Art. 143, para. 1 of the Labor Code, overtime work is work that is performed by the worker or employee on the order or with the knowledge and without the opposition of the employer or the relevant supervisor outside of the established working hours.
In this regard, it is important to mention that, in principle, overtime work is prohibited (143, paragraph 2 of the Labor Code). However, there are cases in which it is permitted as an exception and they are explicitly listed in Art. 144 of the Labor Code. And the limitations for the duration of overtime work are strictly defined in Article 146 of the Labor Code:
The duration of overtime work in one calendar year for one worker or employee may not exceed 150 hours.
With a collective labor agreement under Art. 51b, a longer duration of overtime work may be negotiated under para. 1, but not more than 300 hours in one calendar year. The duration of overtime cannot exceed:
The restrictions under para. 1 and 3 do not apply in the cases under Art. 144, items 1-4.
