10.10.2022

CAN MY EMPLOYER TEST ME ON A POLYGRAPH?

People who participate in the lie detector test do so on a voluntary basis and sign a declaration to that effect. In Bulgaria, there is no legal regulation that allows employers to do such research. You can always refuse to take a polygraph (lie detector).

The polygraph (lie detector) and other similar technologies are seriously intruding into the personal space of employees. Their use raises both practical and ethical questions.

The Constitution of the Republic of Bulgaria proclaims that no one can be subjected to medical, scientific or other experiments without his voluntary written consent. Separately, according to the Labor Code, the employer is obliged to protect the dignity of the worker or employee.

In such a case, the refusal of a worker or employee to pass the test through a polygraph or other similar technical means is not a violation of labor discipline. In labor legislation, the results of such tests are not grounds for disciplinary action or dismissal from the position held.

There are no explicitly defined rules in the law regarding the admissibility of such tests and trials by the employer to the employee. Therefore, they can only be used with the express informed consent of the relevant employees. Since, however, in the context of labor and service relations, it is debatable to what extent the two parties are on an equal footing (there is always hierarchical subordination), it is very difficult to prove that the consent was given voluntarily, without external coercion. Subjecting an employee to a lie detector is a violation of his personal liberties.

Even in the Criminal Procedure Code, this expertise is not among the methods of proof, and its results are not accepted as evidence in the judicial process.

The employer has no right to request more information than that provided for in the labor legislation. He has no right to disclose your personal data to third parties without your consent, except in cases where the law provides otherwise.

In case of deviation of the employer from the labor legislation, the worker or the employee has the full right to signal the "Main Labor Inspectorate", carrying out the overall control of compliance with the labor regulations.

Reference:

Art. 127, paragraph 2 of the Labor Code