13.12.2023
HOW A BOSS CAN REVERSE A DISMISSAL ORDER
Although they are rare, there are sometimes cases where employers, after dismissing their worker or employee, change their mind and look for options to cancel the already imposed order.
The reasons for this can be very different, and often it is errors in the procedure itself, which his former subordinate is now appealing in court, or because he has changed his mind and wants to keep his staff.
Of course, the reasons can be completely different, but whatever they are, the employers are faced with the question of whether there is a legal procedure in such situations, through which they can cancel this decision of theirs.
According to the Labor Code, the worker or employee has the right to challenge the legality of the dismissal before the employer or before the court and request:
According to this year's change in the Labor Code, the employer can cancel the dismissal order at his own discretion until the worker or employee files a claim in court. After the filing of the claim and until the entry into force of the court decision, he may revoke the dismissal order with the written consent of the worker or employee. This change in legislation came into force on 01.07.2024.
In cases where the prior consent of the labor inspectorate or a trade union body is required to carry out the dismissal and such consent was not requested or was not given before the dismissal, the court annuls the dismissal order as illegal on this basis alone, without considering the labor dispute in substance.
Labor disputes are considered by the district court within three months from the receipt of the claim and by the district court - within one month from the receipt of the appeal.
How does recovery of previous work happen?
It is provided that when the worker or employee is reinstated to his previous job by the employer or by the court, he can take it if within two weeks of receiving the notice of reinstatement he reports to work, unless this deadline is not observed for valid reasons . The dismissed worker or employee is reinstated to the previous job and on the basis of an effective acquittal.
When the dismissal of the worker or employee is recognized as illegal by the employer or by the court or the grounds for termination of the employment relationship are corrected, the change that has occurred is entered in the labor book of the worker or employee. The entry in the employment book is carried out by the employer with whom the employment relationship was terminated, and in case of refusal - by the labor inspectorate.
Reference:
Art. 344, Art. 345, Art. 346 of the Labor Code
12.12.2023
500,000 UNEMPLOYED AND BUSY WILL ACQUIRE DIGITAL SKILLS BY 2026.
By mid -2026, 500,000 unemployed and employed persons for the base and average level of digital skills will be trained, and 100,000 persons who have acquired their digital skills independently will be given the opportunity to take an exam and certified. This was announced by the Minister of Labor and Social Policy Ivanka Shalapatova during the opening of the National Conference on "Digital Skills for the Digital Decade".
The Ministry of Labor and Social Policy organizes the forum within the European Year of Skills and as a national coordinator of activities within the European Year of Skills Year in Bulgaria. The main objective of the event is to provoke a discussion between national and European institutions, employers' and branch organizations, trade unions, academic community and youth organizations on the topic of digital transformation and the growing need for workforce with digital skills sought from the labor market.
National Employment and Training Policy puts as a priority the training of workforce to adapt to structural changes caused by digital and green transition, because the acquisition and improvement of digital skills is more than necessary in today's labor market. The set national goal is to reach participation in training every year of 35.4% of the population in the most active age (25-64). For this purpose, MLSP will develop and implement a national virtual platform for online training for persons over 16, which will give opportunities for flexible forms of training at a convenient time from a distance. The platform will also provide training opportunities adapted to disadvantaged persons in the labor market, such as disabled people with a low level of education and older people.
"In the period 2023 - 2027, we will invest over BGN 1 billion from the National Recovery and Sustainability Plan and the European Social Fund + to finance various workforce training opportunities, with a focus on enhancing digital skills," added Minister Shalapatova.
11.12.2023
THE AGENCY FOR PEOPLE WITH DISABILITIES OFFERS MORE DELICATE CONDITIONS FOR FINANCING PROJECTS FOR REHABILITATION AND INTEGRATION OF PEOPLE WITH DISABILITIES
The Ministry of Labor and Social Policy publishes for public discussion proposals for changes in the methodology for financing projects for rehabilitation and integration of people with disabilities. The main reasons for the amendments are to facilitate the conditions for applying for funding from the Agency for People with Disabilities and to facilitate the procedure for evaluating and ranking the competitive proposals. The purpose of the changes is to increase the interest in the rehabilitation and integration of people with disabilities, which creates the conditions for their more complete inclusion in society.
It is envisaged that the application for funding will be made with fewer documents and the requirement for submission of documents available in public registers will be eliminated. Application restrictions will also be minimized. It is envisaged that the condition for the lack of connectivity of the candidates in terms of their participation in general governing bodies, as well as the condition for a compulsory participation for the implementation of the competition proposals. The proposed changes create a clearer, more relief and transparent procedure in the evaluation and ranking of projects by the Agency for People with Disabilities.
The changes aim to encourage the participation of more non -profit organizations, carrying out activities related to people with disabilities who can currently receive funding because they are in small settlements and do not have the necessary capacity, staff and budget for the implementation of projects under the program. Creating the opportunity to finance such organizations will help people with disabilities living in smaller settlements who, due to their low income and get the rehabilitation they need.
Non-profit organizations for people with disabilities can apply for the program funding - legal entities registered under the Law on Non-Profit Legal Persons for Performing Public Help, as well as nationally represented organizations of people with disabilities registered under the Cooperatives Act.
08.12.2023
WHAT ARE THE HIGHEST PAID PROFESSIONS IN ROMANIA?
IT professionals are no longer the highest paid employees in Romania, writes Adevarul, citing official data published by the National Statistical Institute, BTA reports.
In the 10th place in the ranking of the highest salaries in Romania are the employees of research and development, with a gross salary of 10 808 lei (4323 BGN) and a net of 6632 lei (2652 BGN).
Seventh, eighth and ninth place is occupied by employees in the field of insurance, reinsurance and pension funds (except state) with a gross salary of 12 631 lei (5052 BGN) and a net 7566 lei (BGN 3026), employees in the district of financial intermediation with a gross salary of 11 905 lei (4762 BGN) and a net of 7127 lei (2850 BGN), employees in the field of production and delivery of electrical and heat, gas, hot water and air conditioning with average gross wage from 11 253 lei (4501 BGN) and a net salary of 6796 lei (2718 BGN).
In 6th place in the ranking are the people of the tobacco industry. They receive a gross 12 134 lei (4853 BGN) or an average of 7365 lei net (2946 BGN).
Only in 5th place are the aerial transport workers with an average gross salary of 14 130 lei (5652 BGN) and a net of 8814 lei (3525 BGN).
The fourth in the ranking are employees in the field of publishing with an average salary gross of 14 634 lei (5853 BGN) or 9241 lei (3696 BGN) net.
3rd are employees in the field of information and communications with an average gross salary of 14 904 lei (5961 BGN) and a net of 9348 lei (3739 BGN).
IT professionals are no longer leaders and occupy second positions in the highest paid employees. Their salaries in September are 16 942 lei gross (6776 BGN) or 10 767 lei (4306 BGN) net.
The first according to the numbers and the best paid in September were employees in the field of production of coke furnaces and products obtained from the processing of raw oil. They receive an average gross 19363 lei (7745 BGN) or 11450 lei net (4580 BGN), which equates to 5.89 net minimum wages. The payment in September (along with the premiums) was 23.2% higher than August 2023, the newspaper notes.
On the other extreme with the lowest net salaries in September are hotels and restaurants employees with a salary of an average gross of 4077 lei (1630 BGN) or 2524 lei net (BGN 1009).
The minimum gross salary in Romania is currently 3300 lei (1320 BGN) and the net is 1941 lei (776 BGN), adevarul recalls and notes that almost 1.9 million employees receive such monthly remuneration.
07.12.2023
ROMANIA IS SECOND IN EUROPE IN NUMBER OF UNEMPLOYED PEOPLE
Romania ranks second in Europe in the number of inactive in the field of labor, according to Angarul newspaper. The publication cites data from an analysis of the labor market in Romania by the PricewaterhouseCoopers (PWC) for the US Chamber of Commerce.
Currently, there are approximately 7 million inactive people in the country in the country. This includes children, students, retirees and people aged 17 to 65 who neither study nor work. The same study shows that over the last 2 years the number of inactive people has increased by about 400,000. Thus, Romania has registered the third lowest employment in the EU by 67.1%, while in Europe an average of 73.1%.
"The Romanian does not run from work. The Romanian is not helped to find a job that will provide him with a decent life," said the sociologist Jelu Wordinica for Adevarul.
"Let's say I have the choice of going to work or waiting for the state. If I go to work, I get a minimum wage for the economy, just over 2000 lei (800 BGN). To go to work, I have expenses. Transport, cigarettes, food. This means that I must first invest somewhere 30 lei (12 BGN) per day. My investment amounts to 660 lei (264 BGN). This means that if they take me to work, my profit is only about 1500 lei (600 BGN). Which is demotivating," he adds.
The sociologist also affects another problem - labor shortages in Romania.
"The people who go to work abroad should also be taken into account. We complain that we have no labor in Romania, but on the other hand, we don't even know how to keep our Romanians in the country. With their skills, they can earn 3 times more there than here," the Duminica notes.
Academician Mircea Dumitru, Deputy Chairman of the Romanian Academy, affects another trend there-the graduates of high school to flee vocational schools.
"A vocational school provides work. We will always need plumbers, mechanics, electricians. In Romania, however, many seem to be ashamed to choose a similar profession. People need to understand that a good worker is as valuable as the architect or engineer," says Dumitru.
Daniel David, rector at the University of Bucharest, sees light in the tunnel.
"We began to change this perspective through the Dual Training Program. The idea is to involve various companies in the educational process from the beginning, to participate in the teaching and training activities for young people. And the companies will benefit from those university graduates," he says.
Romania is also the country with the most unemployed among university graduates, according to a Eurostat survey. 1/3 of those with secondary and higher education do not find a job after leaving school.
06.12.2023
IS SENIOR SERVICE INTERRUPTED WHEN CHANGING JOB?
We have to change job and the question arises: "What happens to my work and insurance experience during the time between the end of one job and the start of another?". The main questions that concern this period of time are the following:
During the time interval between the termination and the appointment of a new job, the service experience is interrupted.
The social security experience after December 31, 2004 is calculated in hours, days, months and years for the time during which individuals are insured for the social risks provided for by the law. When the person does not work during the time between the end of one job and the start of another job and is not registered at the labor office (or is registered, but does not have 12 months of social security experience in the last 18 months), the period will not count as social security experience.
In this case, it is important to distinguish health insurance rights from social security experience. In order for health insurance rights to be suspended, no more than 3 due monthly contributions must have been paid in a 36-month period. It is important to cover the minimum monthly health insurance contribution to the National Health Insurance Fund.
When starting a new job, it is recommended to check the insurance status of the person at the National Revenue Agency, which can also happen with a Personal Identification Code, by making a reference for a past period regarding insurance obligations owed to the state.
Reference:
Art. 9 of the Ordinance on the work record and work experience
Art. 40 of the Ordinance on pensions and insurance service
Art. 109 of the Law on Health Insurance
Art. 54a of the Social Insurance Code
03.12.2023
DECEMBER 3 - INTERNATIONAL DAY OF PEOPLE WITH DISABILITIES
On December 3, 31 years now, the world has been looking at the problems of people with disabilities, but more and more often their ability to have a worthy place in society.
In 1992, the General Assembly of the United Nations announced that date for International Day of People with Disabilities with the idea of politicians and institutions to focus on creating more effective policies to guarantee a full life of one of the most vulnerable groups in society. This year, the focus is on the progress of the objectives for sustainable development of the United Nations to overcome inequalities and ensure a more worthy life for people with disabilities.
Unfortunately, the UN reports that due to the crises that the world has been facing in recent years, the fulfillment of the goals by 2030 has been threatened. However, we believe that with the common efforts of the institutions and the civil sector in Bulgaria it is possible to overcome obstacles and to guarantee a worthy place in the society of every person in the country.
Just a few days ago, a meeting of the Council of the European Union for Employment and Social Policy was completed, at which the line ministers approved a position on the Directive to create a map of the European Union for people with disabilities and a parking card for persons with disabilities.
We sincerely believe that the specific capabilities of people with disabilities are the engine, which can drive the change to overcoming stereotypes and to actively involve them in all spheres of public life of the country.
01.12.2023
SLIGHT INCREASE IN UNEMPLOYMENT ON AN ANNUAL BASIS
The unemployment rate was 4.0%, or 0.4 percentage points higher than in the third quarter of 2022.
The employment rate for the population aged 15 - 64 years decreased by 0.6 percentage points compared to the same quarter of 2022 and reached 71.5%.
The coefficient of economic activity for the population aged 15 - 64 years is 74.6%, and compared to the third quarter of 2022, it decreases by 0.2 percentage points.
Discouraged persons aged 15 - 64 are 36.0 thousand, or 3.6% of the economically inactive persons in the same age group.
Unemployment
Unemployed persons in the third quarter of 2023 are 125.0 thousand, of which 69.9 thousand (55.9%) are men and 55.1 thousand (44.1%) - women. Compared to the third quarter of 2022, the number of unemployed persons increased by 14.0 thousand, or by 12.6%. For the same period, the unemployment rate increased by 0.4 percentage points and reached 4.0%, respectively 4.3% for men and 3.8% for women.
Of all unemployed persons, 17.1% have a higher education, 49.6% - a secondary education, and 33.3% - a primary or lower education. Unemployment rates by education level are 2.1% for higher education, 3.6% for secondary education and 12.0% for primary and lower education, respectively.
Long-term unemployed (unemployed for one year or more) are 66.3 thousand persons, or 53.1% of all unemployed. The rate of long-term unemployment is 2.1%, respectively 2.2% for men and 2.1% for women.
Of the total number of unemployed persons, 17.7 thousand, or 14.1%, are looking for their first job.
The unemployment rate for the age group 15 - 29 years of age in the third quarter of 2023 was 8.3% (9.0% for men and 7.4% for women). Compared to the same quarter of 2022, this ratio is higher by 0.3 percentage points, which is entirely due to an increase in women.
30.11.2023
A DRASTIC DIFFERENCE IN SALARIES IN OUR COUNTRY
In 18 regions in our country, the average gross salary is below BGN 1,600, and only in Sofia it exceeds BGN 2,000 at the end of the third quarter of this year, according to the latest data of the National Statistical Institute.
In the capital, the average salary is now BGN 2,722. After her, the best paid are those working in the Sofia region - with an average gross remuneration of BGN 1,864, and a large part of these people also work in the capital. Varna follows - 1,861 BGN and Stara Zagora - 1,851 BGN. In Vratsa and Plovdiv, the average gross salary is BGN 1,764 and BGN 1,736, respectively.
In six districts, however, workers receive an average of less than BGN 1,400. The lowest wages are in Blagoevgrad - BGN 1,337 gross. Kyustendil - 1368 BGN and Vidin - 1369 BGN are also in the queue.
In the third quarter of 2023, the average gross monthly salary increased by 2.2% compared to the second quarter of 2023 and reached BGN 2,000. The economic activities in which the largest increase was registered were "Government" - by 13.4%, "Education" - by 12.2%, and "Agriculture, forestry and fisheries" - by 7.5%.
In addition to areas, there is also a serious difference in salaries for different professions.
For example, those employed in the "Creation and dissemination of information and creative products, telecommunications" sector, which also includes the IT sector, earn an average of BGN 4,670. those working in "Production and distribution of electric and thermal energy and gaseous fuels" receive an average gross salary of BGN 3,055.
At the same time, the average salary in "Hotel and restaurant industry" is only 1,265 BGN, and in "Agriculture, forestry and fisheries" - 1,511 BGN. In the "Culture, sport and entertainment" sector, the average remuneration is BGN 1,699, in "Administrative and auxiliary activities" - BGN 1,634.
29.11.2023
IN WHICH SECTORS ARE NEW JOBS BEING CREATED?
EU commitments to achieve a 55% reduction in greenhouse gas emissions compared to 1990 levels by 2030 will be positive for employment in the EU, leading to the creation of 204,000 jobs, Eurofound predicts.
This is in addition to expected employment growth of 6.7 million net new jobs between 2019 and 2030. However, the agency warns that some industries and regions will be particularly negatively affected.
One of the EU's main strategic goals is to ensure that Europe becomes the first climate-neutral continent with net zero greenhouse gas emissions by 2050. To achieve this goal, EU politicians adopted the Fit for 55 policy package in 2021, which contains interim decarbonisation targets aimed at reducing emissions by 55% by 2030 based on 1990 levels.
According to a Eurofound report on employment impacts in the EU to 2030, negative employment effects are more likely in some central and eastern EU countries, notably Poland and Romania, and regions with a relatively high proportion of workers still working in extractive industries industries.
Positive effects on employment are predicted in southern European countries, especially Spain and Italy, and regions with natural endowments (wind and solar), developed energy efficiency infrastructure and capacity to produce renewable energy equipment.
With jobs in both improving energy efficiency and developing renewable energy capacity, the sector likely to benefit the most in terms of employment is construction. There will also be increased employment in market services as relative prices favor a shift in the structure of the economy towards "cleaner" sectors, reinforcing the shift of employment to the service sector.
While overall employment is projected to improve toward 2030, the small increase in employment forecast for the Fit for 55 package generally occurs in low- and middle-wage jobs that do not require a college degree.
Speaking about the report, John Hurley, Eurofound's senior research manager, noted the need for a broad policy focus to reap the benefits of decarbonisation while protecting those who could lose out. "Policies aimed at reducing greenhouse gas emissions will have different effects on employment across sectors and occupations, increasing demand for some jobs and reducing demand for others." They must work hand-in-hand with education, training and employment policies to prepare workers with the necessary skills and competencies to contribute to the collective decarbonisation effort," he adds.
