Procedure for declaring employment of Ukrainian refugees

09.03.2022

PROCEDURE FOR DECLARING EMPLOYMENT OF UKRAINIAN REFUGEES

Necessary documents and requirements to them

The documents for declaring employment are specified in Art. 36, para. 2 of the Regulations for implementation of the Labor Migration and Labor Mobility Act. They are submitted by the employer to the Directorate "Labor Office" at the place of work.

Necessary documents for employment declaration:

  1. Sample declaration;

The declaration is submitted in 2 copies in the original, with described attached documents, signature and seal of the employer. On the back there is a list of foreigners, with names in Bulgarian and Latin, date of birth, № passport, position and duration of employment (from ... to ...).

The beginning of employment is before the submission of the declaration by the employer. The duration of employment is in line with the period of validity of the residence document of the third-country national worker.

  1. A copy of a fixed-term employment contract, certified by the employer, concluded under the terms of Bulgarian law, for a position with a National classification of occupations and positions (NCOP) code, signed by the parties and compliant with the deadline for the residence permit of the third-country national worker.
  2. Copy of a valid residence document of the third-country national worker.
  3. Official note, issued by the State Agency for Refugees at the Council of Ministers, for the existence of circumstances under Art. 29, para. 3 of the Asylum and Refugees Act.

Procedural sequence

  1. Declaration of employment in the Labor Office Directorate:

The declaration of employment is made by the employer within 7 days from the beginning of employment and is confirmed by certification of the declaration with an incoming № of the Directorate "Labor Office", and the importer is returned a certified copy.

In case the worker-citizen of a third country is issued a document for long-term residence with a new term of validity, the procedure is repeated until obtaining a permit for permanent residence of the foreigner in the territory of the Republic of Bulgaria.

  1. Notification of the Executive Agency "General Labor Inspectorate" (EA GLI):

 Within 7 days from the actual commencement of work of foreigners, employers are obliged to notify the relevant territorial directorate of the Executive Agency GLI by filling out special forms, published on the official website of the Executive Agency GLI http://www.gli.government.bg/page.php?c=66. 

EA "General Labor Inspectorate" carries out specialized control activities in connection with the employment of foreigners in the Republic of Bulgaria, within which the control authorities have the right to visit all sites where work is carried out, as well as to require personal documents, including from foreigners residing and working there.

How to start refugees from Ukraine to work in Bulgaria

Above all, the citizen of Ukraine should acquire refugee status. To this end, he must be registered as a candidate for this status by the staff of the Refugee Agency. To date, the State Agency for Refugees has organized mobile centers for Ukrainian citizens at border crossings with Romania.

Upon registration, the Ukrainian citizen must submit all national documents in his possession. Instead, after registration, the applicant for protection receives from the Agency a document called a "Registration Card" with which he can exercise his rights as a refugee during the administrative process of issuing a permanent document for refugee status.

Issuance of the registration card is free!

The registration card has the following dаta:

  • name and photo
  • date of birth
  • gender (male or female)
  • place of birth
  • nationality (citizenship)
  • accompanying children under 14

The map also states:

  • personal number of the foreigner in Bulgaria;
  • address of residence (in a refugee center/camp or at an external address).

If the applicant wishes to change his/her address, he/she must first seek permission from the Refugee Agency, which must write the new address on the card in order to avoid problems during a possible police check.

Having already this document proving their refugee status (or that they are in the process of issuing one), the foreigner acquires the rights and obligations of a Bulgarian citizen.

This means that when granting refugee status, foreigners are entitled to:

  • WORK WITHOUT A SPECIAL PERMIT;
  • education in public schools and universities;
  • reunion with his family on the territory of Bulgaria;
  • Bulgarian citizenship after the expiration of 3 years from the receipt of the status;
  • travel abroad under the terms and conditions for Bulgarian citizens.

However, the law also provides for some restrictions. Refugees with status are not entitled to:

  • participate in elections for state and local bodies;
  • vote in national and local referendums;
  • participate in the establishment of political parties or be members of political parties;
  • hold positions for which only Bulgarian citizenship is required by law;
  • to be servicemen in the Bulgarian army.

The rights of recognized refugees may be subject to other restrictions if explicitly provided for by law.

After performing these procedures, Ukrainian citizens can apply and be employed as employees of the procedures applicable to every Bulgarian citizen. The only additional requirement is for the employer who hired them - to declare the employment of Ukrainians enjoying rights under the Asylum and Refugees Act in the Directorate "Labor Office" at work (see the procedure above).

Which of the foreigner's family can start working in Bulgaria:

Those whom the law also considers refugees. Refugees are considered to be the spouse of a foreigner with granted refugee status and their minor children who have not been married. These family members of an alien who has been granted refugee status enjoy the same rights (including the right to work without special permission), but only if it is compatible with their personal status. For example, if they do not have another type of legal residence permit in Bulgaria or in another country.

The family members of the recognized refugee may not exercise his/her rights even if there are circumstances for them to terminate or revoke the status. For example, if they committed a serious crime of a non-political nature before coming to Bulgaria, or if after obtaining the status they obtained a new passport from their country of origin.

When an alien with granted refugee status enters into marriage after receiving the status, the spouse, if a foreigner, may obtain refugee status only on his or her own grounds due to fears of persecution.

If the Ukrainian citizen does not have refugee status, the following procedures apply:

Citizens of Ukraine can gain access to the Bulgarian labor market in order to work under the following simplified procedures:

The employment of people who have the necessary documents certifying Bulgarian origin is regulated by registration with the Employment Agency. They must also have an employment contract with a local employer for a period of at least 6 months.

Ukrainian citizens have the right to seasonal work of up to 90 days in agriculture, forestry and fisheries, hotels and restaurants in Bulgaria without interruption for 12 months. For this purpose, registration with the Employment Agency is required on the basis of a declaration submitted by the employer.