03.10.2022

PROTECTION FROM DISMISSAL IF WE HAVE AN ILLNESS

Bulgarian legislation regulates the protection in the event of dismissal of certain categories of workers and employees working under an employment relationship. The Labor Code establishes the so-called "preliminary protection" in case of dismissal. It is preliminary because it precedes the execution of the dismissal. Its purpose is to make the execution of the dismissal dependent on obtaining prior authorization from a certain state or trade union body, and only after obtaining this authorization can the dismissal be carried out. This permission is requested in writing from the employer and must be obtained in writing from the competent state or trade union authority. If such permission is not sought, or after it has been sought, is not given at all, or is not given before the dismissal, the dismissal on that ground alone is unlawful.

The protective procedure is a precondition that the employer is obliged to comply with when dismissing the workers specified by law. Prior authorization for dismissal means the consent or refusal to allow the dismissal to take place by a competent state or trade union body. This body is the relevant regional labor inspectorate and the relevant trade union body

The law in Bulgaria states that workers or employees suffering from any of the following diseases have protection in the event of dismissal:

1. ischemic heart disease;
2. active form of tuberculosis;
3. oncological disease;
4. occupational disease;
5. mental illness;
6. diabetes.

In order to comply with the procedure, the enterprise collects preliminary information from the workers who are designated for dismissal, whether they suffer from the listed diseases.

Workers who suffer from the diseases mentioned above are obliged, upon request, to submit to the enterprise medical documents (epicrisis, medical certificate, etc.) from the medical and preventive facilities where they are treated or taken to a dispensary report. The enterprise submits the received medical documents to the relevant territorial expert medical committee (TEMC) for an opinion.

The enterprise sends to the relevant Labor Inspection Directorate a written request for permission for each worker or employee designated for dismissal, and in individual cases the institution takes the opinion of TEMC before making a decision.

Reference:

Art. 333 of the Labor Code

Art. 1, para. 1 of Ordinance No. 5 of 20.02.1987 on diseases for which workers suffering from them have special protection according to Art. 333, para. 1 of the Labor Code