26.06.2024
HOW PAY CHANGES WHEN WORKING HOURS ARE REDUCED
In business life, it is possible for working hours to change due to various circumstances. However, it is important to realize that these changes do not automatically lead to a reduction in wages. What exactly does the Bulgarian Labor Code provide in this context?
In modern society, where labor relations develop at a dynamic pace, the question of the amount of labor remuneration is of critical importance. The remuneration agreed in the employment contract is a right of the worker. Employers cannot impose wage reductions unilaterally and without workers' consent.
The law is clear - for any change in the amount of labor remuneration, written consent is required from both partners in the labor relationship - worker or employee and employer.
If an employer decides unilaterally to reduce the remuneration without the employee's consent, this is considered a violation of the law. Such action may result in legal consequences, including litigation and liability for compensation.
The inadmissibility of unilateral reductions in labor remuneration not only protects the rights of workers, but also affirms the principle of mutual trust and respect in labor relations. Bulgarian legislation clearly emphasizes that any change in wages must be the result of a mutual understanding and agreement between the employer and the employee.
Is it possible to unilaterally reduce working hours and salary? When the employer introduces part-time work, this does not mean an automatic and unilateral reduction of the remuneration. In order for such a change to take place, a clear and express written agreement between the employee and the employer is required.
It is important to emphasize that the order to reduce working hours cannot determine a new, reduced amount of wages corresponding to the reduced working hours. This question does not constitute a dispute as to whether the amount of remuneration should be reduced, because it objectively follows from the reduced working hours.
The common mistake that employers make is to specify in an order to reduce working hours, respectively, a point governing the remuneration, which they define as "proportional to the time worked". It is important to know that this does not meet the requirements of the Labor Code.
According to the Labor Code in Bulgaria, a change in the amount of remuneration is possible only and only with the written consent of the employee and the employer. This requires an additional written agreement, where the clauses related to the modification of the salary amount must be clearly stated.
Only through a unilateral order of the employer can a change in the amount of pay be made, if the amount is increased through it. This means that the employer can only unilaterally increase the remuneration, without the need for prior consent from the employee.
In the event that the worker does not agree with the proposed change in the remuneration conditions and does not sign the additional agreement, this does not give rise to legal consequences. In this case, the terms of the already signed employment contract or additional agreement apply.
It is important that all workers and employers are informed about these legal aspects in order to ensure clarity, fairness and legality in the employment relationship.
Reference:
Art. 66, para. 1, item 1 of the Labor Code
Art. 118, para. 1 and para. 3 of the Labor Code
Art. 119 of the Labor Code
Art. 138a, para. 2 of the Labor Code
Art. 272, para. 1 of the Labor Code
Art. 210, para. 4 of the Labor Code
