19.08.2022

THE EMPLOYER INFORMS IMMEDIATELY IF THERE IS A CHANGE IN OUR EMPLOYMENT CONTRACT

In the latest changes to the Labor Code in Bulgaria from August 1, 2022 a number of revisions were made to some of the texts in the law.

The changes in the law aim to promote the security and predictability of the employment relationship, while maintaining its flexibility and guaranteeing the labor and insurance rights of workers. Also, the changes aim to improve the possibilities for reconciling work and family obligations.

In order to ensure an appropriate degree of transparency regarding working conditions, changes in the regulatory framework were implemented.

One of the changes is the employer's obligation to inform the worker or employee of a change in any of the elements of the content of the employment contract. What are the changes in the law in this area?

The employment contract defines the main elements of the employment relationship, including working hours, place of work, remuneration, etc. The employer has an obligation to provide the worker or employee with instructions on the order and manner of performance of labor duties and exercise of labor rights, including familiarization with the rules for internal labor regulations. According to the law, the individual employment contract is concluded in writing. This means that the employer is obliged to draw up the employment contract in writing.

From August 1, 2022, information about a change in any of the elements of the content of the employment contract must now be provided to the worker or employee no later than the entry into force of the amendment, and not as before - as soon as possible or no later than one month after the entry into force of the amendment. The aim is for information from the employer to be made known to the worker or employee in a timely manner to ensure an appropriate degree of transparency regarding working conditions and to avoid possible labor disputes.

If, for example, the amount of paid annual leave is changed from 20 to 22 working days, the employer must inform the worker or employee about this change no later than the moment the change takes effect. Usually, the increase in the amount of paid annual leave is carried out with an additional agreement concluded between the parties to the employment contract.

From the moment the agreement is concluded, the employer is obliged to hand over a copy of it to the worker or employee, and from that moment it is considered that he has been informed, according to the law, of the change that has occurred in one of the elements of his employment relationship. This is assumed to be the time from which the change in the individual employment contract will take effect.

However, if the increase in the amount of paid annual leave (or any other) is the result of a collective labor agreement (CLA) concluded in the enterprise, the worker or employee who is a member of the trade union organization that concluded the CLA must be informed by the employer about the relevant a change that will affect what was agreed with his individual contract from the moment the concluded CLA enters into force.

Reference:

Art. 62, para. 1 of the Labor Code

Art. 66, para. 5 of the Labor Code