Labor Law Consultation

30.08.2022

CHANGE OF EMPLOYMENT CONTRACT AFTER EXPIRATION OF PROBATIONARY PERIOD

The Labor Code establishes a principled ban on unilateral changes to the employment relationship. The essence of this principle consists in the inadmissibility of any of the parties to the legal relationship to change at will - unilaterally, without the consent of the other party - any of the elements of the content of the legal relationship.

What are the possibilities for changing the employment relationship by mutual agreement after the changes to the labor legislation in Bulgaria after August 1, 2022?

With the changes to the Labor Code from August 1, 2022, the employment relationship can be changed by written agreement between the parties for a fixed or indefinite time. When the employment contract is for a fixed term and/or for part-time work, the worker or employee has the right to propose to the employer in writing its amendment to an employment contract for an indefinite period of time and/or for full-time work. When a trial period has been agreed upon, the worker or employee may propose a change to the employment relationship after the trial period has expired.

It is important to specify that when the employer refuses to amend this employment relationship, he is obliged to provide the worker or employee with a reasoned written answer within a period of up to one month, unless the proposal is made more than twice in a period of one year.

The law specifies the exceptions where a unilateral amendment is permissible and they are established in the law. The employer may, under certain conditions, unilaterally change the place and nature of the work. In case of production necessity, as well as in the event of downtime, he may assign the worker or employee, without his consent, to temporarily perform other work in the same or in another enterprise, but in the same populated place or locality for a period of up to 45 calendar days in a calendar year, and in cases of stay - while it lasts. The other work assigned by the employer must correspond to the qualification and health status of the worker or employee.

When the change is required due to force majeure, the employer may assign the worker or employee, without his consent, work of a different nature, even if it does not correspond to his qualifications.

An exception in which the change made by the employer is not considered a change in the employment relationship, due to the insignificance of the change, is when the worker or employee is transferred to another workplace in the same enterprise. The employer changes the workplace (the workplace, the building, etc.), but the place of work, position and amount of the basic salary of the worker or employee specified in the employment contract do not change.

The employer can unilaterally increase the labor remuneration of the worker or employee.

 

Reference:

Art. 119 and Art. 120 of the Labor Code