Labor Law Consultation

26.03.2021

WHAT TO LOOK OUT FOR IN OUR EMPLOYMENT CONTRACT

Every person starting a new job is faced with his new employment contract and the clauses in it that he must sign. It is not uncommon for employers to include, in addition to the main clauses, additional clauses that place workers at a disadvantage compared to their rights under the law.

What to look out for when signing employment contracts.

The employment contract must be concluded in writing, and the employee and the employer receive 1 copy of it. The law has specified which are the obligatory clauses in it, as all other stipulations there are rebuttable in favor of the employee compared to the current legislation in Bulgaria.

The minimum requisites that must be settled by the employment contract are:

  1. Employment contract number
  2. Date of concluding the employment contract
  3. Grounds for concluding the contract (Art. 67 - Art. 70, Art. 230 or Art. 235 of the Labor Code)
  4. Name of the company, registered office and address of management
  5. Company identification code (according to BULSTAT or VAT)
  6. The three names of the manager of the company, permanent address and PIN
  7. The three names of the employee, permanent address and PIN (it is not obligatory and correct to write other information from the employee's ID card)
  8. Type and level of education of the employee (if required for the position)
  9. Title of the position (from those listed in the National Classification of Occupations and Positions)
  10. Code of the National Classification of Economic Activities
  11. Place of work (the city where the work will be performed)
  12. Duration of the working day or week
  13. Duration of the contract (unless otherwise agreed, it is considered concluded for an indefinite period of time, it is invalid to conclude a fixed-term employment contract for more than 3 years, unless otherwise provided by law)
  14. Amount of the basic and extended paid annual leave and of additional paid annual leave (the minimum paid annual leave is 20 working days)
  15. The basic and additional permanent remunerations (the basic remuneration may not be less than the minimum wage for full-time work 8 hours per day; according to the Labor Code for each full year of service in a similar position must be a minimum of 0.6% of the length-of-service bonus to the basic salary and, unless otherwise agreed, the additional salary is considered to be 0.6% for each full year of service in a similar position; overtime work according to the ordinance on the structure and organization of wages)
  16. Periodicity of payment of labor remunerations (unless otherwise agreed, according to the Labor Code, the employee's remuneration is paid twice a month - in advance and finally)
  17. Obligation of the parties (Chapter Six of the Labor Code lists the standard obligations of the parties, the specific obligations of the employee are specified in the job description, which is an annex to the contract and must be served on entry)
  18. Equal notice period for both parties upon termination of the employment contract (not more than 3 months, any other agreements are invalid, if not agreed, it is considered 30 days; if it is a fixed-term employment contract - no more than the balance until the end of the contract)
  19. Commencement of performance of the employment contract - (up to 3 days after the conclusion of the employment contract, it must be registered with the NRA according to Ordinance № 5 of December 29, 2002 on the content and procedure for sending the notification under Art. 62, paragraph 4 of the Labor Code, the employee may not start work before receiving a copy of the documents for registration of the contract, otherwise the employer is fined and the employee can not be sure that he is actually employed and must not start work)
  20. Signatures of both parties to the contract

The employment contract may also regulate other conditions, which, however, may not be more unfavorable for the employee than those established by law or by a collective labor agreement.

The date of commencement of work shall be certified (not before the employee receives a copy of the documents for registration of the contract with the NRA and not later than 7 days from the receipt of the documents for registration).

Upon entering the job, the employee must be familiar with the Rules of Internal Order in the organization, which is certified by a written declaration in free form.

The employment contract cannot be changed without the written consent of both parties (except for increasing the employee's remuneration, for which his consent is not required).