Labor Law Consultation

29.01.2025

THE ADVANTAGES OF LEAVING WORK WITH NOTICE

In employment relations, various circumstances are possible that may lead to the termination of the employment relationship between the employer and the worker or employee.

In many countries, the legislation provides for the possibility to terminate employment contracts with notice, which gives the parties the opportunity to prepare for the changes and to look for new employment opportunities. What are the conditions according to the law in Bulgaria?

In labor relations, notice - the sending of a written notification by the worker or employee to the employer (and vice versa) before the termination of the employment contract is essential. This is necessary for several main reasons, which contribute to the stability and fairness of the working relationship, as well as to the protection of the interests of both parties.

The notice provides the employer with time to prepare for the changes in its work teams and to search for a suitable replacement for the worker or employee. This is of particular importance in the case of specific professional positions or key roles in the organization. The procedure also allows the employer to plan and organize work processes without surprises and interruptions. This in turn helps to maintain business productivity and efficiency by avoiding temporary loss of workforce.

At the same time, following the notice procedure gives the worker or employee time to prepare for the changes and look for a new job. This is important because workers may need time to collect references, update resumes and other documents, and make connections with potential new employers. At the same time, following the procedure allows the worker or employee to leave the workplace in a respectful manner and maintain a good professional image, which will certainly benefit future professional opportunities and references.

According to the legislation, in the event that one of the parties has the right to terminate the employment relationship with notice, it can do so before the expiry of the notice period. In such situations, however, it is necessary to pay compensation to the other party in the amount of the worker's or employee's gross remuneration for the missed notice period.

It is important to note that both parties have the right to terminate the employment relationship with notice, subject to the established notice period or payment of the appropriate compensation. This means that the worker or employee who has been given notice to terminate his employment can also terminate it in advance, provided he pays the corresponding compensation to the employer.

According to the law, the worker or employee can terminate the employment contract by giving written notice to the employer. The notice period for termination of an open-ended employment contract is 30 days, unless the parties have agreed on a longer period, but not more than 3 months. The notice period for termination of a fixed-term employment contract is 3 months, but not more than the remainder of the contract term.

For workers and employees who hold material accounting positions, in the event that the handover of the entrusted property cannot be carried out within the 30-day period, the time for handover can be extended, but not more than 2 months in total with the notice.

When the worker or employee works on a fixed-term employment contract and moves to another job for an indefinite period, he has the right to terminate his employment contract in writing, without notice. With this ground for termination of the employment contract, the right of termination rests with the worker or employee, and no notice is required. This right of termination can be exercised at any time during the validity of the concluded fixed-term employment contract with a written statement of the worker or employee.

Such a development of events can occur as a result of a number of circumstances, including finding a better opportunity for career development or a desire to change the professional ambitions of the worker or employee. Essential to this ground for termination is that the worker or employee retains the freedom to decide his own career path without being required to serve notices or be restricted by them. This ensures flexibility and freedom for employees to pursue their career goals and ambitions.

 

Reference:

Art. 68 of the Labor Code

Art. 220 of the Labor Code

Art. 326 of the Labor Code

Art. 327 of the Labor Code

Art. 328 of the Labor Code