04.04.2022

CHANGES IN EMPLOYMENT CONTRACTS AND LEAVE ARE PROPOSED

The employer must now be obliged to notify the employee in writing in case of changes in his employment contract. This is provided by amendments to the Labor Code, proposed for public discussion by the Minister of Social Affairs Georgi Gyokov. The boss will have to inform the employee about the news no later than their entry into force, and not as before - as soon as possible or within a month. The aim is to make the information known to the worker in time to ensure transparency regarding working conditions and to avoid possible labor disputes, the social minister said in a report.

Another change that is being proposed concerns the employment contract with a probationary period. The law now allows the parties to agree on a probationary period of up to 6 months, no matter for how long the employment contract will be concluded. It is now recorded that when it is for a period of less than one year, the probationary period may be up to two months.

It is also envisaged that the employee has the right to conclude an additional employment contract with another employer, outside the established working hours under the main employment relationship, unless otherwise agreed in it. Thus, the main employment contract may prohibit the conclusion of a second one without any reason. The amendment of the provision preserves the possibility of prohibiting additional work with another employer, only for the protection of trade secrets and the prevention of conflicts of interest. The proposed amendment also complies with the requirements of the European directive, according to which the employer cannot prohibit the employee from working secondarily, except in explicit cases.

Currently, the Labor Code prohibits the employer and the employee from unilaterally changing the contract, except for business trips, declared a state of emergency or declared an emergency epidemic situation, employment, etc. The change now allows the employee to propose to the boss a change in the contract in order to switch from a fixed-term employment contract to a permanent contract and/or from part-time work to full-time work. If the employer does not accept the offer, he is obliged to notify the employee in writing within 1 month, motivating his refusal. This creates a guarantee that the employer will consider the proposal and will state objective reasons for its rejection, reads the reasoning.

Another change proposed by the MLSP is that the employer is obliged to acquaint the employees with the rules and procedures for determining the individual salary, to provide information on the terms and conditions for termination of the employment contract, as well as on the training provided by him. professional qualification and improvement of professional skills.

The draft law also introduces changes to improve the reconciliation of work and family responsibilities of their employees. For this purpose, the right to two months of leave for raising a child up to 8 years of age is offered by the father (adoptive parent), during which he receives compensation from the National Social Security Institute. Currently, the right to leave due to pregnancy and childbirth, in the case of adoption of a child under 5 years of age, for raising a child under 2 years of age is an individual right of the mother (adoptive mother), which she can transfer to the father after 6-monthly age of the child. Maternity leave and parental leave have traditionally been considered a right guaranteed to the mother in view of the relationship she has with the young child. Therefore, so far the rights of the father to these types of leave are entirely dependent on the will of the mother, wrote in his reasons the Minister of Social Affairs Georgi Gyokov. Under current law, each parent is entitled to 6 months of unpaid leave until the child reaches the age of 8, of which 5 months can be transferred to the other parent.

The father's leave for caring for a child can be used all at once or in parts, the bill says. The right will be exercised if the father has not used leave transferred to him by the child's mother. To receive leave, he must notify his employer at least 10 days in advance.

The bill also stipulates that if an employee requests a change in his working hours for a certain period, the employer must give him a reasoned answer as to why he accepts this proposal or not. The boss will be required to consider requests for flexible working schemes and respond within a reasonable time, taking into account the needs of both the company and the employee.

The changes should take effect on August 1 this year.