28.12.2023

WHAT DOES IT MEAN TO HAVE WORKED IN A "GROUP OF ENTERPRISES"

The Labor Code stipulates that upon termination of the employment relationship, after the worker or employee has acquired the right to a pension for length of service and age, regardless of the reason for the termination, he is entitled to compensation from the employer in the amount of his gross remuneration for a period of 2 months.

If he has acquired 10 years of work experience at the same employer or in the same group of enterprises in the last 20 years - compensation in the amount of his gross remuneration for a period of 6 months.

In practice, the question of what it means to have worked in a "group of enterprises" often arises, according to which the amount of the retirement benefit can be determined in certain cases.

The legal definition of the term "group of enterprises" in the Labor Code applies in all cases where the term is used in the normative act. Therefore, the term "group of enterprises" used in the provision of the Labor Code has the meaning defined in the Additional Provisions of the Labor Migration and Labor Mobility Act.

According to the provisions, "Group of enterprises" is two or more related enterprises, such that: one enterprise, in relation to the other enterprise, directly or indirectly owns a preferential share of the subscribed capital of the second enterprise; controls the majority of votes related to the share capital issued by the second entity; has the right to appoint more than half of the members of the administrative, management or supervisory body of the second enterprise, or the enterprises are under the unified management of the parent enterprise.

The right to compensation in the amount of the gross labor remuneration for a period of 6 months arises for employees who have acquired a total length of service of 10 years or more in the last 20 years with the same employer or in the same group of enterprises.

The expression "in the last 20 years" means that the assessment of the presence of at least 10 years of work experience acquired at the same employer or at different employers, but from the same group of enterprises, is made within 20 years and that this should be the last 20 calendar years as of the date of termination of the employment contract.

If the worker or employee in the last 20 years of his employment has 10 years of employment with two different employers who are "connected", he is entitled to compensation in the amount of 6 gross wages. This is the case, for example, when one enterprise, in relation to the other enterprise, directly or indirectly owns a preferential share of the subscribed capital of the second enterprise.

The length of service can be acquired during the last 20 years before the termination of the employment relationship, during which the worker or employee worked with or without interruption for the same employer. In addition, the specified 10 years in the last 20 years can also be acquired with different employers, as long as they are in the "same group of enterprises".

When more than 10 years of the worker's or employee's work experience in the last 20 years were not acquired with the same employer, but with two or more different employers who are not from the same group of enterprises, the benefit is for a period of 2 months.

When not less than 10 years of the worker's or employee's work experience are acquired with the same employer or with different employers, but from the same group of enterprises, the benefit is for a period of 6 months.

Reference:

Art. 222, para. 3 of the Labor Code

§ 1, item 5 of the Labor Migration and Labor Mobility Act

22.12.2023

HAPPY HOLIDAYS FROM THE CONSULTANCY CENTER - BERKOVITSA

The Consultancy Center of Berkovitsa wishes you the shine of the upcoming bright Christmas and New Year holidays to illuminate your homes and warm your hearts! And let the New Year bring health, peace and hope!

22.12.2023

THE NUMBER OF FOREIGN WORKERS WHO WILL BE ABLE TO WORK IN ROMANIA WILL REACH 140,000 NEXT YEAR

The number of foreign workers who will be able to work in Romania in 2024 will reach 140,000, or 40 percent above the threshold for this year according to an analysis published this week by an online recruitment platform.

According to EJOBS, most employers are in the retail, hotel and restaurant business, services, construction, transport and logistics or tourism, as well as "initial positions", which require a maximum of two years of experience.

Of the nearly 350,000 jobs announced from the beginning of January to the end of November, 86,000 were announced by employers from the retail sector, 51,000 from the Services sector, 40,000 of the food industry, 37,000 from tourism, 32,000 from transport and logistics, and 28,000 from construction employers.

According to Salario (Salario), the IDDS unit to compare wages, the average net salary at a national level for an employee who occupies a low, starting position in these sectors is between 2600 and 3600 lei as follows: 3000 lei for the employees in the trade At retail, 3600 lei for construction workers, 3000 lei for workers in the food and hotel and restaurant industry, 3100 lei for employees in transport and distribution, 2600 lei for employees in tourism.

"2022 is the year in which the number of work permits provided to workers from non-EU countries has increased most, given that in 2021 the contingent of newly adopted foreign labor market is It was 50,000, which is twice the previous year. According to official data, over 96,000 employment contracts for workers from non-European countries have been registered last year," the media reports.

The EJOBS platform, established in 1999, is the first to recruit staff in Romania, which since 2012 is part of the Ringier AG group, an international media company with the Headquarters in Zurich, Switzerland.

Currently, the platform offers 24,000 jobs, of which nearly 6,500 are from employers in the retail sector, 2,000 - in construction, 3 300 - in the services, 2,600 - in transport and logistics, and 2,200 - in tourism, hotel and restaurant.

22.12.2023

THE EMPLOYMENT AGENCY LAUNCHES ACCEPTING APPLICATION FOR FREE TRAINING WITH VOUCHERS

As of 21.12.2023 Employment Agency has launched the admission of applications for training with vouchers for the acquisition of digital skills under key competence (CC) 4 "Digital Competence". The training will be funded under the National Recovery and Sustainability Plan.

It may include unemployed and employed persons, the focus will be on disadvantaged persons, those without digital literacy, Roma people, low-level persons, low/or no digital skills, older persons and other.

The eligible forms of training are present and distance training, providing for the payment of scholarships and means of transport costs only for unemployed persons in daily present form.

The training will be carried out under a curriculum approved by the Minister of Labor and Social Policy. Its duration will be not less than 55 hours at a base level (level 1 and 2 according to DIGCOMP) and not less than 45 medium-level academic hours (level 3 and 4 according to DIGCOMP). A trainer has the right to receive a voucher for training for the acquisition of a basic and one voucher for average digital competence, and the acquisition at the average level of digital skills will take place after the acquired basic level.

Any unemployed or employed person who wishes to apply for a training voucher for key competence 4 "Digital Competence" should complete an electronic application that is available from here.

In the application for participation, the person should fill in all compulsory fields, choose his preferred training, preferences, training, form of training, place and address of training.

After submitting the application, the applicant will receive information about the number under which he or she is registered with the Employment Agency system. Upon approval of the application, an electronic voucher will be issued for the requested training, and in case of disapproval, the person will receive an answer with the reasons.

Additional information, as well as a consultation to involve vouchers, can be obtained at all labor offices in the country.

Important!

In connection with inquiries and cases of non -deposited emails to confirm application of vouchers with vouchers to acquire digital skills under key competence 4 "digital competence" funded under the National Recovery and Sustainability Plan, the Employment Agency notifies that in the application for the application for Participation The person should fill in all mandatory fields. After submitting it, at the specified email address, the applicant will receive information about the number under which he or she is registered with the Employment Agency system.

The manner of receiving the confirmation of the application and the electronic voucher is only of the correct e-mail specified by the applicant.

In the event that e-mail is wrong, incomplete or false, the Employment Agency cannot send confirmation, and at a later stage-you cannot get confirmation or refusal to issue the voucher.

If within 24 hours of the application you have not received an email for registration with the Employment Agency system, you have the opportunity to submit a new application by entering your correct email address.

22.12.2023

20 MILLION EUROS FOR START-UP FARMERS OVER 41 YEARS OLD

Provision of a grant of EUR 30,000 for new producers aged 41 to 65 who wish to start an agricultural business. This is what the new support scheme looks like, which is included in the corrections sent to Brussels at the end of last week in the strategic plan for agriculture, allocating funding for the sector in the current program period until 2027. It will be allocated 20 million euros, with the goal is to attract at least 663 new entrepreneurs in the sector.

With the sent corrections in the strategic plan, a new assistance intervention will be created - "Start-up assistance for the establishment of new farmers in agriculture" with a budget of 20 million euros. It will support applicants aged 41 to 65 who would like to receive financing to start an agricultural business. The condition is that they have registered their first agricultural holding - sole trader or sole proprietorship, a maximum of 12 months before the date of application for the funds. As well as having the "relevant professional knowledge and skills to carry out agricultural activities" or undertake to acquire them during the implementation of the project.

According to the scheme, it will be possible to receive financing of 30 thousand euros for starting a business: 15 thousand euros of the amount will be provided after the approval of the project, and the rest - after the implementation of its activities, the new intervention foresees. Co-financing from the applicant is not required.

Each project will have to start a maximum of 9 months after its approval and be completed within 3 years, the rules stipulate.

The New Farmers Scheme complements the existing opportunity for young farmers under the age of 40 to start a farming business. In the corrections to the strategic plan sent to Brussels, it is foreseen that the support for them will be increased to 40 thousand euros for starting a business. Persons between 18 and 40 years of age who register their first agricultural holding and have professional knowledge or skills, or undertake to acquire them, will be able to apply for it.

Funding for young farmers is also planned to be in two stages – 20 thousand euros upon approval of the project and 20 thousand euros after its implementation, which should be within three years.

21.12.2023

EIT DIGITAL LAUNCHES A NEW TRAINING PLATFORM FOR ACQUIRING DIGITAL SKILLS

EIT Digital introduced the global education initiative (d)Academy, which aims to help develop the digital skills needed in today's economy.

More than three-quarters of companies in the European Union report that they are struggling to find employees with the right skills, and a quarter of small and medium-sized enterprises consider the lack of qualified employees and experienced managers to be the biggest problem they face.

New technologies are changing the way we work and live, necessitating the need to retrain and upgrade the skills of the workforce to avoid falling out of the labor market and ensure a fair digital transition. Data from the 2023 DESI Digital Economy and Society Index shows that only 54% of European citizens have at least basic digital skills.

The (d)Academy will bring together experts from industry, education and research communities who will develop modular educational programs on topics ranging from cybersecurity to data analytics and machine learning. Programs will range from online courses to blended and hands-on training.

EIT Digital (d)Academy

The initiative will be implemented through the EIT Digital (d)Academy platform – a modern ecosystem designed to bring together trainers, training providers and workers. Employers will be able to use the platform to predict what skills they will need, determine the gap between available and required skills and synchronize learning outcomes with new recruitment, said Vanessa Wainwright, founder of abodoo.

With the help of the platform, it will be possible to determine the available skills of each learner and prepare personalized recommendations for training and career development. Each of the users will be able to indicate how they want to develop their career and in what field, after which they will receive a personalized package of trainings and learning content that will effectively fill the gaps between the available and necessary skills to achieve the goals of the learner. Also, employers will be able to identify skills gaps in their employees and align talent hiring with learning outcomes.

The platform will also offer skills-based job-hunting options, rather than the widely used method of reviewing resumes. This is expected to provide a wider selection of talent and increase efficiency in the search for new employees.

20.12.2023

THIS IS WHO IS OBLIGED TO HELP THE TRADE UNIONS

According to the law, state bodies, local self-government bodies and employers create conditions and assist trade union organizations to carry out their activities.

They provide them free of charge with movable and immovable properties, buildings, premises and other material conditions necessary for the performance of their functions. What is the provision of these conditions and is there an option to bypass them?

The Labor Code recognizes the important social function of trade unions as the authentic representative and defender of the rights and interests of workers and imperatively stipulates that state bodies, local self-government bodies and employers are obliged to create conditions and assist trade unions to implement their activity. The general duty of state bodies, local self-government bodies, as well as employers is that they must first of all create the necessary conditions for the implementation of trade union activities.

Under the term "conditions" should be understood the creation of that atmosphere and environment that best supports the respective trade union organizations to effectively and timely exercise their representative and protective functions.

For this reason, the term "conditions" in all cases is associated with the specifics, with the peculiarities and challenges of trade union activity, with the essence of the trade union cause, with the circumstances and requirements that accompany trade union work. In practice, this means that the issues that have arisen, which relate to labor and social security relations and to issues of the standard of living, should be resolved by the social partners at the appropriate level, through the means of social dialogue, in a spirit of cooperation and mutual respect for the interests and of the two parties involved in it.

It is specifically stated that the state carries out the regulation of labor and directly related relations, insurance relations, as well as issues of the standard of living in cooperation and after consultation with the representative organizations of workers and employers.

The law specifies the type of material and technical conditions that should be provided to trade union organizations. These conditions are listed by way of example and are mainly reduced to buildings, premises provided for free use, as well as "other material conditions".

Under the concept of "other material conditions" should be understood, for example, the assumption of consumable expenses for the use by the unions of lighting, heating, water, telephone charges within predetermined limits, etc. The expression "other material conditions" is related to the provision of buildings and premises, because what is the point of the state or the employer providing for free use premises in which there is no electricity, water, heating or these costs are not borne, but only four walls?

In order to have clarity and certainty in the relations between the social partners, the specific obligations by law should be provided on the basis of agreements or clauses in collective labor agreements. These obligations should be in written documents, in writing, and not by verbal agreement, promise, etc.

The state authorities or the employer provides, according to its possibilities, the free use of premises for carrying out the activities of the trade unions and, after prior agreement, provides conditions for holding trade union events, free use of telephone/fax, copier equipment, Internet and e-mail access in sufficient volume and others the like, which are evidence of good cooperation between employers and trade unions expressed in writing.

Reference:

Art. 46 of the Labor Code

19.12.2023

WHAT IS THE AVERAGE SALARY IN THE NORTH WEST AT THE END OF 2023?

In the third quarter of 2023, the average salary for the country is BGN 2,000, according to the data of the information bulletin of the Ministry of Labor and Social Policy in the field of income and standard of living for the period.

The average salary is the highest in the Sofia-city region - BGN 2,722, which is 36.1% more compared to the average salary for the country and 13.9% more compared to the third quarter of 2022, according to the ministry.

Vratsa region is in fifth place with an average salary of BGN 1,764. The increase compared to the same period last year was 9.3%.

In the Montana region, the average monthly salary is BGN 1,452. However, there is a greater growth compared to the end of 2022 – 12.5%.

Vidin region is expected to be at the bottom of the ranking with an average salary of only BGN 1,369. After it are only the districts of Kyustendil and Blagoevgrad.

14.12.2023

SUPPORT FOR YOUNG PEOPLE BY PROVIDING EMPLOYMENT AND TRAINING

Under the project "Youth Employment+" the Employment Agency will support young people by providing the opportunity for internship, training and providing employment, which will contribute to the acquisition of professional experience and practical skills for their realization in the labor market.

An application for participation in the activities may submit young people aged 16 to 29 incl. Who are inactive (uninsured, not registered as job seekers and are not in formal education or training) or registered as unemployed.

The young people will be given the opportunity to internship with an employer for a period of 6 to 9 months, with his designated mentors. Working during work is also up to 6 months. Subsidized employment is also provided for a period of up to 9 months with a mentor provided. Also, young people can undergo training to acquire "soft skills" by key competence 5 "Personal and Social Competence and Learning Skills", or key competence 7 "Initiative and Entrepreneurship", and the training can be held in the period of provision of provision Employment. During the first month of young people, public transport funds are provided to and from the workplace.

All employers, with the exception of those of the agricultural, forest and fishery sectors, can request participation in the project by hiring young people on a 4-hour or 8-hour working day. The cost of remuneration, incl. the social security contributions at the expense of the employer, for each employed young man will be restored in the form of a standard table for a unit of expense. The standard unit table coverage table covers the three -month labor cost of the employer for employee in the economic sector (the economic activity of the enterprise in which the person is employed according to the classification of economic activities (KID) 2008) with a minimum of 85% worked for the period for the period for the period , including. The days in which the person takes paid annual leave. Employers who conclude an indefinite employment contract with an internship youth for a position that corresponds to the trainee's qualification will receive incentives in the amount of their insurance costs for a period of 6 months from the beginning of the contract.

Applications for inclusion in the project and their annexes shall be submitted through the system for secure electronic service to the Labor Office Directorate in the territory on which the activities will be implemented. The information on the conditions of the project is available on the official site of the Employment Agency, www.az.government.bg, as well as on the spot in Labor Office Directorate - Berkovitsa.

The Youth Employment + Project is implemented with the financial support of the Human Resources Development Program 2021-2027. The project budget is BGN 188 million. It is planned to cover at least 15,200 young people by 2027, and over 9,000 young people are in employment after the end of the project.

13.12.2023

A NEW PLATFORM WILL CONNECT EU EMPLOYERS AND THIRD -PARTY WORKERS

The average percentage of vacancies in the EU at the end of 2022 reached a historic peak - about 3% (more than twice the level of 2012), according to a study by Eurofound. Nearly one -third of employers indicate that the shortage of staff is already preventing them from producing goods and providing services. The problem is widespread, it also feels sharply in Bulgaria - from restaurant and tourism to production. And it's obviously supranational.

Against this background, in mid -November, the EC presented the first of its kind package for "Talents Skills and Mobility", which aims to attract qualified third -country workers. The measures include a new platform - EU Talent Pool to connect EU employers to third -party job seekers. Actions are further provided to promote the recognition of qualifications and mobility of students.

The initiative is from three European Commissioners - EC Vice-President Margaritis Schinas, Ilva Johansson, Commissioner for the Interior, and the new Bulgarian Commissioner Iliana Ivanova, who is responsible for innovation, research, culture, education and youth. "Europe is involved in the World Talents Competition. It is no less important than raw materials racing. The main competitors of Europe here are the US, Canada, New Zealand and Australia," said Ivanova (the whole interview with -down).

The problem with the lack of staff

By 2023, the struggle for staff was most acute in Austria, Belgium, the Czech Republic, Germany and the Netherlands, but in certain sectors and professions, shortage was critical throughout the EU. "The sectors with a structural shortage are tourism, hotel and restaurant, information technology, healthcare and logistics. In some of them, the lack of staff is even bigger after the pandemic," says the Bulgarian Commissioner. According to her, the environmental and digital economy that the EU is striving for also requires new labor, new specific skills and restructuring in the labor market. It is likely to affect particularly sectors such as construction, energy, industry and transport.

Against this background, Brussels has reason to worry that demographic changes, aging population and low birth rates will only exacerbate these challenges. By 2030, a working -age population in Europe is expected to decrease to 258 million in 265 million by 2022.

The new plan

The talent platform "will change the rules of the game," the EC said. In addition to connecting employers and job seekers, it will also provide information on the recruitment procedures from third countries and migration in the Member States, it will also include measures to ensure fair rental and labor conditions. Participation in the so -called. EU Talent Pool will be voluntary for Member States. The platform will cover all types of work and skills on the "talent ladder" (low, medium and highly qualified workers), incl. Long -term care workers - such as caregivers and those who look at the elderly or young children. "It makes a huge sense to them on this platform because they often find themselves in an unregulated situation," says EC vice -chairman Margaritis Skhinas. It is not possible to judge how many "talents" will be hired through the platform, but the goal is as much as possible if they respond to vacancies, adds Commissioner Johansson.

"The emphasis will be on the 42 most common professions, the list being prepared by the EC. It will be based on the experience of the EURES platform (the European Employment Services Cooperation Network designed to facilitate the free movement of Union workers) , but it seems that it will not be part of it and will be intended to be operatively compatible with other staffing platforms, "said Maria Mincheva - Deputy Chairman of the Bulgarian Chamber of Commerce and rapporteur on the opinion of the European Economic and Social Committee on the subject.

The second component of the EC package is for easier and faster recognition of third-country citizens' qualifications. The aim is to develop the capacity of the national authorities in this area. This does not accurately harmonize the rules for recognizing qualifications of non-EU citizens (which is not excluded from happening at a later stage), but will help somewhat easier to facilitate procedures in Member States. The EC Vice-President Schinas sets an example with the pandemic of Covid, when at the most critical moment Member States could not get healthcare workers because of the inability to recognize qualifications in other countries.

The platform also has a third component that aims to further encourage educational mobility within the EU.

How Business accepts the idea

Immediately after the initiative was announced, the BusinessEurope CEO (the largest lobbying business organization in Brussels) Marcus J. Bayrer welcomes her: "It is high time for the EU to acknowledge the role of economic migration in assisting in dealing with labor and skills needs in Europe." And he adds that it is of vital importance that employers are closely involved in upcoming discussions.

Maria Mincheva from BIA says that their "members of all sectors put the lack of people as one of the most sensitive problems - workers in all positions of all levels of qualification are needed." According to her, the EC advocates for greater flexibility and reduction of administrative burden for third-country citizens, and this will certainly help the business.

According to European Commissioner Iliana Ivanov, the initiative is for the benefit of all Member States. "It does not treat them selectively. How they would take advantage of it depends largely on national authorities. They must make a reality the opportunities that the proposal creates." Maria Mincheva is of the same opinion: "In the last few months we have intensive communication with the various agencies involved in the process. For us a major role in improving the process is its digitalization - something that the Ministry of Electronic Governance works and will soon present its platform," she says.

The initiative is yet to be approved by the European Parliament and the Council before it becomes a fact, but "in any case it will be completed in full from the next EC after 2024," Mincheva says.

Iliana Ivanova, European Commissioner for Innovation, Research, Culture, Education and Youth

How serious is the problem of labor shortages in the EU?

75 percent of small and medium -sized enterprises say they do not find the people they need. The goal of having 20 million professionals in the IT sector by 2030 is in question - so far there are 9 million such specialists. We need another 11 million.

Europe's demographic problem is also known. By 2070, the number of people of working age will drop from about 65% in 2019 to 54-56%. At the same time, the pressure on pension systems and social protection systems is increasing.

There are a major shortage of staff in 28 professions. In 2020, 14% of the EU workforce was employed. These are plumbers and installers of pipes, nurses, system analyzers, welders and oxidists, drivers of heavy goods vehicles, civil engineers, software developers.

As the population of Europe is aging, it is increasingly feeling a shortage in medicine and care for sick and elderly. It is expected that by 2030, 7 million jobs in this field will be created, and the EU labor market can only partially cover them.

Increasing the mobility of the workforce within the EU is not enough to meet these needs. When deficient footage moves, it means that some regions win and others lose because almost all Member States suffer from labor shortages. In short, EU's own workforce is not enough.

Bulgaria is one of the countries with the largest "brain drain". At the same time, sectors such as IT technologies are developing well and have a constant need for fresh resources. What will be the role of our country in the new initiative?

Participation in the platform is voluntary. No one forces countries to open their labor markets to third -country workers. They have to decide what staff they need, if they judge, use the tools that the EU offers them. They can add or remove the professions to the 42 already identified.

The same applies to the recommendation for educational mobility. We have the ambition to significantly increase the exchange of students, students, teachers who train between Member States and we also have instruments and financial resources to help it. But the key is in the hands of Member States.

Let us remember that education is an area of national rather than union competence under the contracts. The Commission and its services are available in terms of technical assistance, financing the exchange of learners and learners through a program such as Erasmus +, for example.

The proposed package is the first history initiative for organized labor migration in the EU, which addresses a shortage of labor in different sectors. It also aims to prevent illegal EU entries and the risks to illegal migrants. In order not to allow tragedies in the Mediterranean, there must be paths for legal migration.

Last year, there were 330,000 illegal arrivals in the EU. At the same time, we have 3.5 million solutions that allow legal immigration - more than 10 times more. Over one -third of them - 1.5 million - are because of the needs of the labor market. Today, third -country citizens hired in the EU are 10 million.

How will the recognition of experience, internship, qualifications of third -party migrants happen?

Now there is a lot of bureaucracy in the system of recognition of professional qualifications. It demotivates job applicants from third parties. We call this not "drain" but "wasting" of brains.

The Commission proposed to establish national services to recognize qualifications with greater capacity and in more active cooperation with the countries of origin of migrants, shorter time processing time and reduced costs for job seekers, simplified translation and certification processes.

Once they have found a job through the platform, will third-country workers need a work visa and how will it proceed?

The issuance of work visas and permanent residence permission remains in the hands of Member States. If an employer wants to hire a third -party job candidate, he or she must contact national authorities to issue a visa or permission to the applicant. We do not question who makes the final decisions on labor migration. What we want to do with the proposal is to facilitate job seekers to find the right job vacancies.

However, the Commission proposes a revision of two directives related to the entry and residence of third -country citizens in the EU - the Directive for Long-Term Residents and the Single Residence Permit Directive, adopted respectively in 2003 and 2011.

The proposed revision of the second includes an obligation for Member States to accept applications submitted both in them and in a third party. It is also envisaged that a four -month period for issuing a decision to cover the required entry visa and the time for conducting a labor market test. The proposal also contains the right of the authorization holder to replace the employer within the validity of the permit. We suggest that it does not take at least three months if its carrier is out of work.

The main changes to the Directive for the Long Term Residents, on the other hand, provide for the required five-year residence period to be cumulative, while gathering the residence periods in the different Member States. Periods of residence under temporary and national protection and also be respected during study. Member States to introduce control mechanisms to monitor actual residence and to ensure that this status is not abused.

It is also envisaged that the right to gather families without conditions for integration, with full access to work for their members, and the children of long-term residence, born in the EU, can acquire status immediately.