25.06.2021

MANDATORY DOCUMENTS WHEN CONCLUDING AN EMPLOYMENT CONTRACT

If when applying for a new job the employer determines the requirements for the preliminary documentation that the applicant should submit (eg CV and Cover Letter in a certain format, etc.), then the rules regarding the necessary documents for concluding an employment contract are determined by a normative act. both parties to the employment relationship should comply. The requirements for this are exhaustively listed in the law. The employer may require the submission of documents other than those specified by law, but only if this is provided for or arises from law or other regulations.

In particular, in order to conclude an employment contract, the employee must submit:

1. Identity document, which is returned immediately after its presentation. The purpose of the document is to certify that the person who will sign the documents is the same as the employer with whom he wishes to conclude an employment contract. The employer has no right to photograph the identity documents (identity card or passport) and keep a copy of them, unless he obtains the explicit consent of the person, or there is no special legal regime that obliges him to administer this information.
2. Document for acquired education, specialty, qualification, legal capacity, scientific title or scientific degree, when such are required for the position or job for which the person is applying. Through the listed documents the person certifies his / her ability to perform the respective work for which he / she concludes an employment contract.

According to the latest amendments to Ordinance № 4 of 1993 (SG, issue 99 of 2017), if the submitted document is for acquired higher education abroad, an administrative body, which is an employer, is obliged to require certification of its recognition under official order. After the amendment of the ordinance, the requirement for presenting a paper certificate certifying the acquired higher education abroad was dropped.

In this situation, when a person applies for a job, an administrative body that is an employer will no longer have the right to require him to present the certificate of recognition, but will have to require certification of his recognition ex officio. This amendment reduces the administrative burden for citizens.

3. Document for length of service in the specialty, when for the position or job for which the person is applying, the possession of such length of service is required.

If, for example, the person has completed higher education in the specialty "Law", he should certify his legal capacity, which he has acquired after three months of experience as a trainee lawyer and successfully passing an exam (according to Ordinance № 2 of 23.09.2002 legal capacity).

4. Document for medical examination upon initial entry into employment and after termination of employment under an employment contract for a period of more than 3 months. This document certifies that the health condition of the person allows him to hold the respective position.
5. Certificate of criminal record, when the certification of a judicial past is required by law or normative act. For the conclusion of an employment contract for which it is not explicitly provided that such a certificate must be presented, the person may refuse to present it if requested.
6. Permission from the Labor Inspectorate, if the person has not reached 16 years of age or is aged from 16 to 18 years.

It should be borne in mind that according to Art. 3 of Ordinance № 4 of 1993, the documents listed above are also necessary in the event of an employment relationship based on selection and competition.