19.09.2022

DISASTER WORKER'S COMPENSATION

Disasters, although rare, are a part of citizens' lives and occur at different stages of their lives. In some countries they happen more often, in others - less often. Fortunately, Bulgaria is one of the countries where disasters are not so frequent. One of the main goals of the law is to ensure within the framework the prevention, actions and consequences of every single possible situation.

Every single disaster (earthquake, flood, fire, hail, etc.) undoubtedly affects both our daily life and our movement to the workplace and back, the fulfillment of our work commitments in terms of quality and quantity, and this from in turn invariably affects the amount of our income.

Moreover, it is not rare that during and after disasters it is impossible to reach work at all due to objective infrastructural or other difficulties, which raises the question of whether we will receive any remuneration at all, given that we are not at our workplace and are unable to fulfill our commitments to the employer.

Similar questions regarding the remuneration of the workers also raise a hypothesis in which the persons are not at their workplace because they have joined a voluntary formation to fight the disaster, with which they help the relevant institutions and directly the population to deal with the situation.

The topic itself suggests that both workers and employers need information on what the law has arranged in such situations. There are clearly defined rules on what employers should do in such a situation. It is a common practice in such situations for employers to force their workers and employees to go on unpaid leave. The following lines will answer why such a practice is illegal.

In which cases, under what conditions and in what amount are workers and employees entitled to compensation during a disaster?

The Disaster Protection Act defines a disaster as "a significant disruption of the normal functioning of society, caused by natural phenomena and/or human activity and leading to negative consequences for the life or health of the population, property, the economy and the environment, the prevention, control and the overcoming of which exceeds the capacity of the system to serve the usual public protection activities'.

Labor legislation allows for two options for compensating labor remuneration if the worker/employee has not worked as a result of a disaster.

In the first option, it is necessary that he was prevented from reporting to work when a disaster occurred. According to the law, the employer owes compensation to the worker/employee in the amount of 50% of the gross remuneration for the time for which he was prevented from working, but not less than 75% of the minimum wage established for the country. A larger amount can be negotiated with a collective or individual employment contract.

In cases where the worker/employee has taken part in the rescue work during a disaster, he is entitled to compensation in the full amount of his gross remuneration.

Compensation is subject to taxation.

The reasons for not appearing at work, as well as participation in rescue operations, are established by the town hall, municipal council or other state body.

In the second case, under the Disaster Protection Act and a contract to participate in a voluntary formation, the worker/employee temporarily suspends his employment in order to fulfill his civil obligation. In this case, his absence takes the form of unpaid leave, and for the time of absence he receives remuneration from the state budget.

Disaster prevention, control and recovery are among the few cases in which the Labor Code allows for overtime.

According to the Labor Code, workers/employees are entitled to leave for fulfilling public duties: for the time of training and participation in voluntary formations for protection and disasters. The employer is obliged to grant such leave to a worker/employee who has acquired the status of a volunteer. Voluntary formations are created by the mayor of the municipality by decision of the municipal council.

For the time of training or performing tasks to prevent or control disasters, fires and eliminate their consequences, the volunteer is considered to be on unpaid leave, which is recognized as work experience. For the time of participation in these events, the worker/employee receives remuneration at the expense of the state budget.

In order for the leave to be granted, it is necessary for the mayor of the municipality to notify the volunteer's employer of participation in the event and to issue a document certifying the volunteer's participation no later than three days after the end of the event.

 

Reference:

Art. 44 of the Disaster Protection Act

Art. 157, item 7 of the Labor Code

Art. 218 of the Labor Code

Art. 228, para. 2 of the Labor Code