05.02.2021

41,000 workers have already received BGN 24 per day

This year we will continue with the measures to support business and job creation, as the total financial resource will be over BGN 800 million - European and national funding.

This was said during the parliamentary control by the Minister of Labor and Social Policy Denitsa Sacheva.

In 2021, the 60/40 measure is financed with BGN 600 million to maintain an average of about 120,000 jobs per month.

At the end of last year, financial support under the 80/20 measure for enterprises and the self-insured was doubled to BGN 80 million, and the measure will keep the employment of about 30,000 people in transport and tourism, the minister said.

Under measure 75/0 so far, until January, BGN 24,000 per day have been received by 41,000 workers.

It is expected that with a financial resource of BGN 160 million under OPHRD the operation "Employment for you" will continue its implementation, and subsidized employment will be provided for at least 35,000.

MLSP will support business and workers not only during this difficult period, but also to restore economic growth and create new jobs, the minister said.

The financing of the National Action Plan for Employment for this year is BGN 83 million, which will provide employment to almost 15,000 unemployed, and 11,600 will be included in trainings under programs and measures to become more competitive on the labor market, the minister said.

She provided information on the implementation of the measures in the districts of Blagoevgrad and Haskovo.

05.02.2021

FINANCING OF EMPLOYMENT PROJECTS FOR PEOPLE WITH DISABILITIES

BGN 3.5 million will be used to finance projects of employers to create new jobs and improve working conditions for people with permanent disabilities of working age in 2021. The funds are provided under the National Program for Employment of People with Disabilities of the Ministry of Labor and Social Policy.

Employers can receive up to BGN 10,000 to provide access to existing or new jobs for people with permanent disabilities of working age. The same amount will be used to finance proposals for adapting existing jobs and equipping new jobs for people with permanent disabilities of working age. For qualification and re-qualification of a worker with a disability, employers can receive up to BGN 1,000. Candidates can submit documents to the Agency for People with Disabilities until April 15, 2021. The competition documentation is published on the Agency's website http://ahu.mlsp.government.bg, in the rubric “Projects/programs” - NPЕ under Art. 44, para. 1 of the Law for people with disabilities.

Another project will provide up to BGN 20,000 for the implementation of projects for people with disabilities who want to start an independent business. With these funds they will be able to finance their investment costs, construction and repair works, equipment of the workplaces, training of the staff and the owner and covering the start-up capital. Applicants must have 50 and more than 50% reduced working capacity and not participate as owners or partners in another company. Project proposals must be sent by February 25 to the Agency for People with Disabilities. The tender documentation can be found on the website https://ahu.mlsp.government.bg/ in the section: Projects/Programs, Independent Business.

The Agency for People with Disabilities will also finance projects of socially and economically oriented enterprises, the aim of which is to improve working conditions. Their focus should be on technological equipment upgrades, the introduction of new technologies and the creation of new jobs. Those with a social focus can receive up to BGN 40,000, and the deadline for submitting proposals is March 19. For projects with economic orientation apply until March 29, and the maximum amount of the subsidy is BGN 80,000. The tender documentation can be found on the website https://ahu.mlsp.government.bg/portal/page/84, section: Projects/programs, Employers under Art. 49 of the Law for people with disabilities.

The Agency for People with Disabilities also announces a competition for financing projects for the establishment of Centers for Sheltered Employment. It is open to specialized enterprises and cooperatives of people with disabilities, occupational health facilities, as well as any organization of people with disabilities registered under current legislation. Each sheltered employment center must provide conditions for the creation of work skills and habits of at least 15 people with multiple permanent disabilities, along with the provision of a minimum package of personal support services. The approved candidates will receive up to BGN 300,000 for the establishment of a Center for Sheltered Employment. The deadline for submitting projects is April 5. The project documentation can be found on the website http://ahu.mlsp.government.bg/, in the section: Projects/Programs, Center for Sheltered Employment.

The Agency for People with Disabilities also recruits proposals for financing projects for rehabilitation and integration of people with disabilities. They are divided into four components with the amount of the subsidy from BGN 4,000 to BGN 18,000. The project proposal may have a subject of activity related to one of the four components. The deadline for submission is February 24, 2021. The tender documentation can be found on the Agency's website: http://ahu.mlsp.government.bg/, section: "Projects/programs", "Rehabilitation and integration".

Projects for building an accessible architectural environment of cultural, historical and sports sites for people with disabilities will also be financed. Project proposals will be accepted until March 4. The tender documentation is published on the Agency's website http://ahu.mlsp.government.bg/,  section: "Projects/programs", Accessible environment.

All documents and detailed conditions for applying for projects can be found on the above-mentioned website of the Agency for People with Disabilities.

04.02.2021

QUESTIONS AND ANSWERS ABOUT COVID-19 FOR TRAVELERS TO BULGARIA

Consulting Center - Berkovitsa publishes the information prepared by the Ministry of Health on the most frequently asked questions by people who are about to travel to Bulgaria in the conditions of COVID-19.

For the citizens of which countries/persons with acquired status does the temporary ban on entering the territory of the Republic of Bulgaria introduced until 30.04.2021 not apply?

- Bulgarian citizens and their family members;

- citizens of the Member States of the European Union and members of their families;

- nationals of Schengen Parties (including the Republic of San Marino, the Principality of Andorra, the Principality of Monaco and the Vatican City State) and members of their families;

- citizens of the United Kingdom of Great Britain and Northern Ireland, the Union of Australia, Canada, Georgia, Japan, New Zealand, the Republic of Rwanda, the Republic of Korea, the Kingdom of Thailand, the Republic of Tunisia, the Oriental Republic of Uruguay, the United Arab Emirates, Ukraine, the Republic of Northern Macedonia The Republic of Albania, Kosovo, Bosnia and Herzegovina, Montenegro, the Republic of Moldova, Israel, the State of Kuwait, the Republic of Belarus and the Republic of Turkey;

- persons with the status of permanent, long-term or long-term residence on the territory of the Republic of Bulgaria and the members of their families;

- persons holding a Bulgarian long-stay visa type "D";

- persons who are authorized to reside in a Member State of the European Union or in a Schengen country (including the Republic of San Marino, the Principality of Andorra, the Principality of Monaco and the Vatican City State) and their family members.

Is there a requirement to submit a document for a negative result from a PCR test?

All persons, regardless of their starting point of departure, are admitted to the territory of the Republic of Bulgaria after submitting a document showing a negative result from a test conducted up to 72 hours before entry into the country by the method of polymerase chain reaction to detect COVID-19 (PCR test), as of the date of the study entered in the document.

Are there exceptions to the requirement to provide a document for a negative PCR test result?

- bus drivers carrying out international passenger transport;

- drivers of lorries that perform or complete international transport of goods and goods upon entering the territory of the Republic of Bulgaria;

- members of the crews of vessels;

- the crew members of an aircraft operating flights to and from airports for public use on the territory of the Republic of Bulgaria and the persons engaged in aircraft maintenance;

- frontier workers, regardless of their nationality;

- persons passing in transit through the territory of the Republic of Bulgaria.

What are the requirements for the document for a negative result of a PCR test, which should be submitted to the border health control?

The document must contain the names of the person according to the identity document with which he/she is traveling, data about the laboratory that performed the test (name, address or other contact details), date on which the test was performed, written in Latin method (PCR) and negative result (Negative), allowing interpretation of the document. The document can also be provided in electronic format on an electronic device (mobile phone, tablet, etc.).

What can I expect if I do not submit a document for a negative result from a PCR test?

Bulgarian citizens and persons with the status of permanent, long-term or long-term residence on the territory of the Republic of Bulgaria and their family members shall be placed under quarantine for a period of 10 days in the home or other accommodation where the person has indicated that he will resides, with a prescription issued by the director of the respective regional health inspectorate or a deputy director authorized by him.

Can I, after entering the territory of the Republic of Bulgaria, take a PCR test and submit it to the relevant regional health inspectorate in order to have my quarantine prescription revoked?

To the Bulgarian citizens and persons with the status of permanent, long-term or long-term residence on the territory of the Republic of Bulgaria and the members of their families, who arrived on the territory of the country in the period from 29.01.2021 to 30.04.2021, the director of the respective regional health inspection may revoke the issued prescription for quarantine, upon presentation of a document showing a negative result of a test conducted within 24 hours of entry into the country by the method of polymerase chain reaction for the detection of COVID-19 (PCR test).

The prescription shall be revoked within 24 hours of the submission of the document showing a negative result of the polymerase chain reaction test for the detection of COVID-19.

Are there exceptions to the requirement to present a document for a negative result from an age-based PCR test (eg: babies, young children)?

To date, no such exceptions have been introduced in view of the possibility of an asymptomatic course of the infection and the associated epidemiological risk of import, transmission and spread of the disease.

It should be borne in mind that PCR testing is performed by sampling various clinical materials, such as nasopharyngeal secretions, throat secretions or lavage, saliva, etc., according to the methodology and equipment used, which helps to obtain appropriate material from all age groups. .

Are there exceptions to the requirement to provide a negative PCR test based on the presence of antibodies after COVID-19 or a vaccine against COVID-19?

No such exceptions have been introduced so far. All travelers should be aware that due to the lack of accumulated scientific data on the efficacy of COVID-19 vaccines in preventing infection and asymptomatic transmission of the new coronavirus to susceptible individuals, as well as the duration of post-vaccination immunity, vaccination certificates are currently available. against COVID-19 do not serve as evidence of entry into the country and respectively to cancel the quarantine or to replace the PCR test requirement.

When making short-term trips up to 72 hours, is it necessary to present a new document for a negative result of a PCR test performed on the territory of the country from which I am returning, or can I use the one issued on the territory of the Republic of Bulgaria?

For short trips, it is not necessary to perform a new PCR test if 72 hours have not elapsed before entering the country, as of the date of the study entered in the document. However, the Ministry of Health recommended that individuals monitor their health upon return and limit their non-essential contacts.

Is a rapid antigen test allowed instead of a PCR test?

As a condition for entering the country, the presentation of a negative result from performed rapid antigen tests is not allowed, due to their lower specificity and sensitivity, compared to those of PCR tests.

Rapid antigen tests should be performed only under the conditions specified in the Criteria for application of rapid antigen tests for SARS-CoV-2 (Appendix № 2 to item 6 of Order № RD-01-724 of 22.12.2020 of the Minister of healthcare).

What is a frontier worker?

In Art. 1 (f) of Regulation (EC) № 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, a legal definition of the term "frontier worker" is given, is any person pursuing an activity as an employed or self-employed person in one Member State and residing in another Member State to which he returns, as a general rule, on a daily basis or at least once a week. For the purposes of implementing the anti-epidemic measures introduced, the definition of frontier worker may also apply to persons arriving from the Republic of Turkey, the Republic of Serbia and the Republic of Northern Macedonia.

Who is a family member of a foreigner?

According to Art. 2, para. 3 of the Law on Foreigners in the Republic of Bulgaria, family members of a foreigner are the persons who live with him in a household and are his spouse, children of the foreigner and his spouse, including the adopted children who have not reached 18 years of age. years of age and have not married and the children of the foreigner or his / her spouse, who have not married, who have reached the age of 18, when serious health reasons require personal care for them or for such reasons are objectively unable to provide for themselves.

Who is a family member of a European Union citizen?

According to § 1, item 1 of the Additional Provisions of the Law on the Entry, Residence and Departure of the Republic of Bulgaria of Citizens of the European Union and Members of Their Families, a family member of a citizen of the European Union is a person with whom the citizen of the European Union is married or de facto cohabiting, descending to a citizen of the European Union and not having reached the age of twenty-one, or being a dependent, ascending, dependent on the citizen of the European Union and his / her spouse or person, with which he is in actual coexistence.

Who is a family member of a Bulgarian citizen?

According to Art. 2, para. 6 of the Law on Foreigners in the Republic of Bulgaria, members of the family of a Bulgarian citizen are the persons who live with him in one household and are a spouse, descendants who have not reached the age of twenty-one and have not married, descendants who have reached the age of twenty-one, but do not have their own income due to the fact that they are unable to provide for themselves, or serious health reasons require the Bulgarian citizen to take personal care of them, ascending to the Bulgarian citizen or his / her spouse, as well as other members of his household who were entirely dependent on him in the country of origin or in the country of their usual residence or serious health reasons require the Bulgarian citizen to take personal care of them.

When are there humanitarian reasons?

According to § 1, item 16 of the additional provisions of the Law on Foreigners in the Republic of Bulgaria, "humanitarian reasons" are present when the non-admission or leaving the territory of the Republic of Bulgaria of a foreigner will create a serious danger to his health or life due to objective circumstances, or for the integrity of his family, or the best interests of the family or the child require his admission or stay on the territory of the country.

The journey should be taken in exceptional circumstances of an urgent nature in order to protect the health or life of the traveler or his relatives.

Which authority can provide me with information on what documents are needed to prove citizenship, acquired status, the status of a family member or the existence of humanitarian reasons?

The border control activity with regard to entry and residence on the territory of the country is carried out by the border control bodies at the Ministry of Interior.

Are border health controls carried out at all border checkpoints?

Border health control is carried out at the following border checkpoints in the country, to which all travelers must be directed:

- Vidin border checkpoint

- Vrashka Chuka border checkpoint

- Gueshevo border checkpoint

- Durankulak-Vama Veke border checkpoint

- Zlatarevo-Novo Selo border checkpoint

- Ilinden-Exohi border checkpoint (available)

- Kalotina border checkpoint

- Kapitan Andreevo-Kapakule border checkpoint

- Kapitan Petko Voyvoda-Ormenion border checkpoint

- Kulata-Promahon border checkpoint

- Burgas Airport Border Checkpoint

- Varna Airport border checkpoint

- Plovdiv Airport border checkpoint

- Sofia Airport Border Checkpoint (Terminal 1 and Terminal 2)

- Makaza-Nymphaea border checkpoint (available)

- Malko Tarnovo border checkpoint

- Border checkpoint Ruse-Danube bridge

- Stanke Lisichkovo border checkpoint

- Strezimirovtsi border checkpoint

04.02.2021

Your Choice Matters Initiative

The Executive Agency for Promotion of Small and Medium Enterprises, the Bulgarian Chamber of Commerce and Industry, the Association of Industrial Capital in Bulgaria, the Confederation of Employers and Industrialists in Bulgaria, the Bulgarian Chamber of Commerce and the Bulgarian National Television join forces in the initiative "Your choice matters".

The purpose of the information initiative is to help overcome the economic consequences of the COVID-19 pandemic, in particular - the decline in exports of goods produced in Bulgaria in the past 2020.

"Your choice matters" bases its message on data that show the possibilities for compensating for the decline in exports in 8 categories through joint actions of Bulgarian consumers, based on their choice of domestic products.

03.02.2021

Communication from the Agency for People with Disabilities

In connection with the competitions announced by the Agency for People with Disabilities for financing projects for employment, rehabilitation and integration and building an accessible environment for people with disabilities, the Agency will hold an ONLINE INFORMATION DAY "OPEN DAY" for each of the programs. Participants will have the opportunity to get acquainted with the programs, as well as to ask their questions related to the conditions of application, allocation of funds, monitoring and reporting of project proposals. The information sessions will be held as follows:

  • Program for financing projects for construction of an accessible architectural environment of cultural, historical, sports sites on 08.02.2021 from 10:00;
  • Program for financing projects for rehabilitation and integration of people with disabilities on 09.02.2021 from 10:00;
  • Program for financing projects for starting and developing independent economic activity of people with disabilities on 10.02.2021 from 10:00;
  • Program for financing projects with social and economic orientation of specialized enterprises and cooperatives of people with disabilities on 12.02.2021 from 10:00;
  • Program for financing projects for the establishment of sheltered employment centers for people with multiple permanent disabilities on 15.02.2021 from 10:00;

Each of the information events includes:

  1. Presentation of the Program - Presentation;
  2. Questions and answers.

If you wish to participate, you can state your intention at the following e-mail addresses of the Agency, taking into account the above-mentioned deadlines of each of the programs:

Affordable Architectural Environment Program: ahu_dostap@mlsp.government.bg

Rehabilitation and Integration Program: ahu_npo@mlsp.government.bg

Independent Economic Activity Program: ahu_ssd@mlsp.government.bg

Program "Social and economic orientation of specialized enterprises and cooperatives": ahu_stn@mlsp.government.bg and ahu_sn@mlsp.government.bg

Protected Employment Centers Program: ahu@mlsp.government.bg

Those who are interested will be additionally sent an email with a link to join the event "Open Day".

To participate in the event you need to use a computer with a camera or smartphone and download the program "Zoom" in advance.

03.02.2021

The Agency for People with Disabilities announces a competition UNDER A NATIONAL EMPLOYMENT PROGRAM FOR PEOPLE WITH DISABILITIES, according to Art. 44, para. 1 of the Law on People with Disabilities

            This program aims to encourage and assist employers from a normal working environment to create employment conditions for people with permanent disabilities, including the fulfillment of quota obligations; it is aimed at people with permanent disabilities, as employment in a normal work environment leads to the fastest socialization of people with permanent disabilities.

This program provides funding for the following areas of action, tentatively called components:

  1. Ensuring access to existing or created new jobs for people with permanent disabilities of working age.
  2. Adaptation of existing jobs for people with permanent disabilities of working age.
  3. Equipping new workplaces for people with permanent disabilities of working age, corresponding to the nature of their illness.
  4. Qualification and retraining, respectively training for professional and professional development.

            The maximum amount of subsidy by component is as follows:

            Component 1 - up to BGN 10,000;

            Component 2 - up to BGN 10,000;

            Component 3 - up to BGN 10,000;

            Component 4 - up to BGN 1,000 per person with permanent disability.

            More detailed information can be found in the Methodology for financing project proposals of employers/appointing bodies under the National Employment Program for People with Disabilities, published on the website of the Agency for People with Disabilities under the heading: Projects/ programs, NEP under Art. 44, para. 1 of the Law on People with Disabilities.

The tender documentation is published on the Agency's website under the heading "Projects/programs" - NEP under Art. 44, para. 1 of the Law on People with Disabilities.

            The project proposals, together with the required documents, are submitted in a folder arranged systematically, in the order described in the table for assessment of administrative compliance / Annex 3 /, and with a cover letter in the office of the Agency for People with Disabilities in one of the following ways:

  1. On the spot, in the office of the Agency for People with Disabilities, at the address: Sofia, 1233, 104-106 Sofroniy Vrachanski Str. All documents signed and scanned are uploaded on electronic media or on paper, accompanied by electronic version of the same documents. Deadline for submission of projects: 5.30 pm on 15.04.2021.
  2. All documents signed and scanned shall be uploaded on electronic media by a licensed postal operator with a return receipt with a postmark or by courier, no later than the deadline for submission of projects for the competition, or on paper, accompanied by an electronic version of the same documents. Deadline for submission of projects: 5.30 pm on 15.04.2021.
  3. Electronically, under the terms and conditions of the Electronic Document and Electronic Certification Services Act, or signed and scanned at the specified e-mail address of the Agency for People with Disabilities - e-mail: ahu_zaetost@mlsp.government.bg. Deadline for submission of projects: 5.30 pm on 15.04.2021.

Immediately after the submission of the project proposal, each applicant is obliged to request from the Agency for People with Disabilities an incoming number with which the project proposal is entered in the record keeping system, no later than the deadline for submission of project proposals. The received incoming number proves that the project proposal has been submitted in time.

            Contact telephones: 02 931 8095 and 02 832 9073.

03.02.2021

The online course "Economics, Social Policy and Management" starts on February 8

The online course "Economics, Social Policy and Management" starts on February 8. The training is aimed at employees and is free of charge for them.

All CITUB distance learning courses are conducted online only. Each participant will have access to the course within 2 weeks, during which time the platform will be available 24 hours a day. Each participant will log in with an individual access password issued by an administrator. The only condition is that you have access to the Internet and use a computer or mobile device.

The course is funded by the project "Improving the adaptability of employees and strengthening collective bargaining, through joint actions of the social partners at national, sectoral and industry level" under OP "Human Resources Development".

The course ends with a test to check the knowledge and if the result is over 50% it is considered successfully completed and a certificate is issued.

You can apply at the following link: http://ktd.dostoentrud.org/

After filling in the data in the participation card, you will receive a personal username and password for access to the CITUB training platform.

More about the course:

The module provides knowledge about the practical and applied problems of economics, social policy and management - the three key and interrelated areas in which the economic and social rights and interests of employees and their employers are realized. The trainees will acquire knowledge and understanding of:

  • The globalization of the economy, the single European market and the development of the European concept of a knowledge-based economy;
  • Main characteristics of the market economy;
  • The economy and finances of the enterprise;
  • The essence and main functions of management;
  • Corporate social responsibility.

WHEN CAN THEY DISMISS US WITH NOTICE?

The Supreme Court of Cassation adopted an interpretative decision on issues related to the termination of the employment contract by the employer.

In it, the supreme judges interpret three of the hypotheses in Art. 328 of the Labor Code, in which the employer may dismiss his employee with notice - in the absence of qualities for effective work (item 5), when he does not have the necessary education or qualification (item 6) and in case of change of the requirements for the position (item 11).

According to him:

1a. There is no ground under Art. 328, para. 1, item 6 of the Labor Code for termination of the employment contract, if at its conclusion the employee does not meet the requirements for education or professional qualification introduced by the employer for the performed work.

1b. There is a ground for termination of the employment contract under Art. 328, para. 1, item 6 of the Labor Code, when at its conclusion the employee does not meet the requirements for education or professional qualification for the performed work introduced by a normative act.

  1. Grounds for termination of the employment contract on the grounds of Art. 328, para. 1, item 11 of the Labor Code is the change of all requirements for holding the position, except for those for education and professional qualification.
  2. In the order for termination of an employment contract on the grounds of art. 328, para. 1, item 5 of the Labor Code, the employer shall be obliged to indicate the missing qualities of the employee for effective performance of the work by listing them or by indicating the manner in which the employee handles the assigned work.

The interpretative case was instituted due to the existence of contradictory case law in the application of the above provisions of the Labor Code by various panels of the Supreme Court of Cassation.

The reasoning of the interpretative decision states that the conclusion of an employment contract in the initial absence of the employer's requirements for a certain position is not an obstacle to the existence of the contract itself, but the employer's assessment that a candidate can perform the assigned work in the interest of the company it may be justified by the professional experience of the employee in the same or a similar position or by the absence of another candidate for the vacant post.

According to the Supreme Judges, if the employer has agreed that the education and/or qualification held by the employee does not constitute an objective reason for the performance of the employment function at the conclusion of the employment contract, but has subsequently terminated the employment due to lack of employment, the employer will in fact refer to the employment requirements imposed by him, which he himself considered to have not been an obstacle to the performance of the employment contract.

The reference by the employer in these cases to the grounds for termination of the individual employment contract under Art. 328, para. 1, item 6 of the Labor Code for lack of the required education and/or professional qualification will contradict the general principle established in Art. 57, para. 2 of the Constitution, "no abuse of rights and their exercise shall be allowed if it infringes the rights and legitimate interests of others", therefore it should be denied.

When concluding an employment contract with an employer who has agreed that the education or professional qualification possessed by the employee is sufficient for the performed work, but it is established that the requirements for holding the respective position are normatively established, which makes it impossible to maintain the employment relationship, the employer may request that the contract be declared invalid with a claim under Art. 74 of the LC.

According to the Supreme Judges, until the invalidity of the employment contract is declared by an effective court decision, there will be a valid legal relationship that can be terminated by the employer on any of the exhaustive grounds for its termination, including the grounds under Art. 328, para. 1, item 6 of the LC.

The interpretative decision states that the significant difference in the grounds for dismissal under Art. 328, para. 1, item 6 and item 11 of the Labor Code shall be manifested with regard to the legal consequences upon termination of the employment contract. Only in the hypothesis of Art. 328, para. 1, item 11 of the Labor Code, the employer must observe the provision of Art. 333, para. 1 of the Labor Code, which establishes preliminary protection in the case of dismissal of certain categories of workers and employees.

Therefore, when the employee falls within the scope of the cases in which the termination of the employment contract by the employer is possible only after prior permission by the Labor Inspectorate, it is necessary to distinguish the hypotheses of Art. 328, para. 1, item 6 and item 11 of the LC, shall be stated in the reasons.

With a legislative change from 1992, a new ground for termination of the employment contract is accepted by the employer with a notice - under Art. 328, para. 1, item 11 of the Labor Code, which does not duplicate the dismissal grounds existing under 1986 under Art. 328, para. 1, item 6 of the Labor Code, and introduces an entirely new, different ground for termination of the employment contract, in case of change of the requirements for the performed work, out of those for education or professional qualification.

The provision of Art. 328, para. 1, item 11 of the Labor Code means a change of any other requirements, but not of those for education and professional qualification, as in respect of them there is the norm of art. 328, para. 1, item 6 of the LC. "Therefore, in the hypothesis of Art. 328, para. 1, item 6 of the Labor Code, the change refers specifically to the requirements for education and professional qualification, and in the other hypothesis under item 11 - any other professional requirements - work experience, additional new knowledge and skills, but without changing the requirements for education and professional qualification, ie all other requirements necessary for the performance of the job function”, reads the interpretative decision.

According to the Supreme Judges, the need for the employer to indicate the factual grounds for termination of the employment contract due to lack of qualities is derived from the rules for individualization of the will, taking into account the importance of the principles of protection of labor rights and legality of dismissal. In this case, the essential content of the statement of intent to terminate the employment contract by the employer is the grounds for termination.

By indicating it, the necessary individualization is achieved. The grounds for termination of the employment contract under Art. 328, para. 1, item 5 of the Labor Code is formulated as a general evaluative and indefinite concept - "lack of qualities to perform the work."

Its content includes the signs: permanent non-fulfillment of a work obligation in qualitative, quantitative or temporal terms, caused by lack of knowledge, skills or habits. Insofar as each individual type of non-performance, as well as each individual lack of knowledge, skills or habits could become a reason for termination of the employment contract, in order to individualize his statement of will upon termination of the contract under Art. 328, para. 1, item 5 of the Labor Code, the employer should indicate the factual reason for its termination.

For individualization of the declaration of will it is sufficient in the written order for termination under Art. 328, para. 1, item 5 of the Labor Code to list which knowledge, skills or habits are missing or to indicate what the permanent inefficient performance of the work consists of. In both alternatives, the purpose of the law is achieved and the employee can exercise his/her right to defense.

03.02.2021

Plan for implementation of final recommendations of the UN Committee on the Rights of Persons with Disabilities approved

The Government has adopted an Action Plan for the implementation of the final recommendations to the Republic of Bulgaria, addressed by the UN Committee on the Rights of Persons with Disabilities (2021-2026), the press service of the Cabinet announced.

The main purpose of the document is to contribute to the development and improvement of policies aimed at people with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities and other international instruments aimed at guaranteeing human rights and under which Bulgaria is country.

The Plan outlines measures and activities through which the implementation of some of the recommendations has been achieved so far, as well as those aimed at improving the legislation to guarantee the rights of people with disabilities. The document also includes activities to overcome stereotypes and discriminatory practices and to expand opportunities for people with disabilities to participate in the labor market, as well as measures to encourage their active participation in political and public life. Measures to implement UN recommendations also include training to increase the capacity of magistrates, investigative police officers, educators and social workers; activities to promote the participation of women and girls with disabilities in various spheres of public life.

The implementation of the Action Plan aims to support the implementation of the commitments of the Republic of Bulgaria under the UN Convention on the Rights of Persons with Disabilities, contributing to better protection and ensuring opportunities for their active inclusion in public life.

03.02.2021

The support for the affected business amounts to BGN 2 billion

The Minister of Economy Lachezar Borisov told journalists that according to the Ministries of Economy and Social Affairs, the intervention in support of business due to the coronary crisis is worth about BGN 1.6 billion.

Another BGN 400 million are underway - agreed, promised, it is a matter of work, added the Minister, who presented to the members of the relevant parliamentary committee the implementation of programs to support Bulgarian business to overcome the economic consequences of the pandemic.

The total intervention of the two ministries, not to mention the work done through the central budget, is BGN 2 billion, the minister specified.

He announced that under one of the procedures the business is expected to present its reports and receive the funds, under another procedure contracts have been signed, but it is an investment and under it the companies must present completed investment activity and will receive the funds immediately. The NRA is working quickly, now funds are being paid according to the reserve list of micro-enterprises, the minister added.

In the last ten days alone, what has reached the business is BGN 60 million, the minister said.

He reminded that last year for all anti-epidemic and anti-crisis measures the funds through the central budget were worth BGN 2.8 billion, and this year - about BGN 3 billion. According to him, the measures have had an effect because they maintain some of the lowest unemployment rates in the EU and now, according to the Employment Agency, it is 7 percent, and in Spain - over 16 percent, with 40 percent youth unemployment.

In addition, our country ends 2020 with very good financial and macroeconomic indicators, the Minister added, recalling that our country had the most liberal anti-epidemic measures in Europe, which was also in support of business. We are ending the year, perhaps among the few EU countries that have maintained their consumption as a factor of economic growth, the minister said.

In response to a question, the Minister said that the payment through the National Revenue Agency is going to the businesses that are closed due to the anti-epidemic measures, and added that according to the Minister of Social Affairs everything for the missed months has already been paid under the measure "BGN 24".

The minister said that at the end of last week he had a meeting with the representatives of the restaurant industry. We agreed that if the measures continue in terms of their anti-epidemic part, we will continue the economic measures, said the Minister and added that as Minister of Economy he believes that the faster the business starts, the better, but there should be and balance with human health.

The Minister informed that he had forwarded to the Minister of Health the letter with the requests of the Inter Expo Center for clarity about the work of this branch in the spring.

In response to a question, the Minister said that a meeting with employers' organizations is expected tomorrow, most likely online, and among the topics discussed will be the measures that will be applied to business with funds from the EC Initiative - REACT-EU.