15.04.2020
CONSULTANCY CENTER - BERKOVITSA MAY SUPPORT PERSONS IN DISEASE TO REGISTER WITH THE LABOR OFFICE
Consultancy center - Berkovitsa assists in facilitating the transition of disadvantaged people from employment to unemployment. It will be very helpful for them upon leaving them, in addition to the exemption documents, for the Center to assist them by providing them with:
Information material containing links to important headings on the official websites of the Employment Agency, the National Social Security Institute and the State Agency for Electronic Governance, in which they can obtain information and submit relevant applications for registration with the Labor Office and/or receiving unemployment benefits from the NSSI, and/or a paper form to fill in a hard copy of the Application-declaration for registration with the Labor Office Directorate as an unemployed job seeker, and/or an Application Form for payment of unemployment benefits; The possibilities of the employers to support their former employees are detailed in the Option for Employers - assistance for the registration of dismissed personnel, published on the website of the Employment Agency.
The Center's assistance will assist and encourage disadvantaged people who are released to register remotely and enjoy their rights to seek work and/or receive unemployment benefits without endangering their health and that of their relatives with those present. and lengthy visits to the offices of the Labor Offices.
Even the partially supported support through one of the suggested options and steps for assistance is an indisputable indicator of social responsibility. This empathy and social solidarity becomes even more important in the current difficult environment.
More and specific information on the ways and forms of applying for registration with the Labor Offices and receiving benefits can be found on the website of the Employment Agency under the heading "Easy steps for registering at the employment office" and "Job offers". Labor Office Directorate - Berkovitsa: tel. 0953 88 371; 0953 80 120 or e-mail: bt502@mbox.contact.bg
Anyone who wants information or advice on a topic of interest can contact the Consultancy Center for Disadvantaged People in Berkovitsa at tel. 0953 89 137 or e-mail: berkpro.robg@abv.bg
15.04.2020
Curious
IS IT HARD TO RECEIVE A JOB OFFER AFTER AN INTERVIEW?
Perhaps you make some of the following errors
You send CVs and interview, but you don't succeed. Do you feel like the HR Manager doesn't understand and see your potential?
Maybe the problem is not really related to your skills or position experience. You may be doing something in interviews that closes your opportunities ...
Interviews are an essential part of almost every career change, but many people do not give it enough weight and importance. Often, an interview is almost the only way HR professionals can judge whether a candidate is suitable for the job, writes Zaplatomer.bg.
What mistakes should you avoid to increase your chances of success?
You've seen a great job posting, the job description seems right for you, and you know you want to do the job and you're going to do it well. Wonderful! You send your CV with a cover letter and a few days later your phone rings. Looking for an HR specialist from the company who wants to invite you for an interview. Many people think that getting to this stage is already a victory, but in reality, you are only on the third path to success, and at this point your interview preparation should start with full force.
Many HR professionals are unanimous in that they withdraw points from candidates who are unable to answer basic questions about the company or are not familiar with its products and services. Of course, you do not need to be an expert in their business models, but if you have not researched the company and know nothing about it, you will automatically go to the bottom of the list as you do not demonstrate that you are an organized candidate.
Similarly, be sure to prepare for any salary questions. Before the interview, it would be wise to do a salary survey to find out what the average salary is for that position in your region and with your level of education and experience. Payroll research will also help you learn how to negotiate.
It's perfectly normal to have a negative impression when it comes to your previous or current job, but in an interview it's preferable to avoid complaining about your employer. This is perceived as unprofessional, immature and unfair.
If the HR specialist asks you why you want to quit your current job or why you quit your previous job, try answering honestly but still diplomatically.
No matter what position information you have already received from the ad or from your own research, it is always a good sign for HR professionals when you are interested in job details and ask the right questions. You are demonstrating genuine interest in the company as well as being prepared for the interview, so do not view the interview as a passive discussion. Last but not least, you show that you are an intelligent person who accepts preparation as an important part of the interviewing process.
The delay for a scheduled interview is a definite no! This is a clear sign that you are unreliable - your organizational skills are not as good as you say in your cover letter, or you are not taking the opportunity to find a new job seriously. It is acceptable if you are late due to unforeseen circumstances, but if this happens, you MUST call in advance and explain the situation.
Quick and active communication will earn you points. If you are in the habit of ignoring emails or replying 3 days later, you need to start communicating professionally or you will end up at the bottom of the list again.
A good CV is, of course, essential, but you should never decorate or lie to look better. An HR professional will expose everything incorrect in your CV and close the door on the company for you.
Lastly - look at social networks
Nowadays, most HR professionals are not only on LinkedIn, but often view the profiles of candidates on other social networks. They do this to ensure that your image on social networks does not hurt the company and will fit into the company culture. They can also check that your public presentation matches your job description for certain types of positions (especially at senior level and representative positions).
15.04.2020
WHAT DOCUMENTS ARE NEEDED TO TAKE AN INTEREST-FREE LOAN
The Bulgarian Development Bank announces the mechanism, conditions and procedure for lending to individuals under the Interest-Free Credit Guarantee Program to assist people deprived of the opportunity to work due to the COVID-19 pandemic.
The program is one of the crisis measures of the Bulgarian government in protection of self-employed and employed persons in a state of emergency. It will help the individuals affected by the economic impact of the pandemic, who must meet the following conditions:
Concerning the persons under an employment contract:
Have stopped paying their employer for paid work and are on unpaid leave as a result of the pandemic;
Be a party to the employment relationship in the last 6 months before taking unpaid leave;
Do not receive remuneration for other employment relationships;
Have at least five business days worked in March, if this is the month in which they are placed on unpaid leave.
About self-insured persons:
Have discontinued the activities of self-employed persons and / or suffered at least a 20% decline in their first quarter of 2020 compared to the first quarter of 2019 as a result of the pandemic;
Do not receive remuneration for other legal relationships.
Applicants must have paid contributions and be able to resume their activities (will return to the same job) upon termination of unpaid leave.
The maximum amount borrowed is BGN 4,500, drawn at one time or in three tranches of BGN 1,500 each. If a smaller amount of the loan is initially allowed, it can be annexed subsequently in order to reach the amount of BGN 4,500.
The loans are interest-free (the regular interest rate is 0%) and the borrowers do not owe fees, commissions and penalties. Applicants do not provide collateral as a condition of the loan.
The maximum repayment period is 5 years, with a minimum of 6 months and a maximum of 24 months grace period.
The loans are repaid after the end of the grace period in installments, the amount and number of which are determined between the commercial bank and the borrower. Commercial banks have the right to change the repayment schedule agreed with their clients, but within the maximum program deadlines. Every citizen is entitled to early repayment of his / her debt without having to pay a fee / commission.
You can apply for the program loan by December 31, 2020.
It is necessary for the persons to present to the BDB partner bank under the program:
Request for financing in an approved form (to be provided by the commercial bank);
Valid identity document - ID or passport;
A person's registration document, if self-insured;
Data on the employer and the concluded employment contract (NSSI report is also required for the presence of an employment relationship 6 months ago);
Declaration containing the following statements:
Declaration of discontinuation of self-insured persons and / or documents establishing over 20% decline in income of self-insured persons in the first quarter of 2020 compared to the first quarter of 2019;
Declaration that the person is on unpaid leave due to the pandemic, the starting date of unpaid leave must be after 08.03.2020;
Declaration by the applicant about the temporary (wholly or partially) suspended activity of his employer resulting from the pandemic;
Declaration that the person does not receive remuneration for his work under another legal relationship;
Declaration of the person's intention to return to the same job / resume the discontinued activity - for self-employed persons;
Declaration that the person (whether employed or self-employed) has paid social security contributions;
A statement that, in parallel with the loan application, the applicant does not take advantage of another measure provided by the state for individuals in connection with the pandemic.
BDB will announce the partner banks under the program after April 15, 2020.
13.04.2020
OPINION OF THE NATIONAL COUNCIL OF LABOR COOPERATIVES WITH PROPOSALS FOR SPECIFIC MEASURES TO SUPPORT SPECIALIZED ENTERPRISES AND COOPERATIONS OF PEOPLE WITH DISABILITIES
In connection with the discussion of the change of Decree 55 / 30.03.2020 in the Council for Tripartite Cooperation, the National Council of Labor Cooperatives reiterates its strong support for the efforts of the whole society for overcoming the socio-economic problems arising from the pandemic with the Coronavirus . In order to achieve more definitive results, we believe that it is imperative to identify specific and specific measures in support of the most vulnerable group of employers in the country - specialized enterprises and cooperatives of persons with disabilities. There are incentives in the Bulgarian legislation that create the necessary mechanisms for interaction with these economic agents. The specific proposals of the NC of LC are as follows:
The NC of LC believes that these measures would preserve the viability of specialized enterprises and cooperatives for people with disabilities, enabling them to continue to play their significant social role in ensuring employment and social integration of people with disabilities in Bulgaria.
08.04.2020
NRA FOR NEW TERMS, TERMINATED HEALTH RIGHTS, REMOTE SERVICES
The National Revenue Agency extends the deadline for filing corporate tax returns as well as the deadline for paying corporate tax due under the annual declaration until June 30, 2020. CITA taxpayers make advance payments based on estimated tax profit for 2020, so this should be done in accordance with particulars, namely: if the annual tax return for 2019 has already been filed, adjustments to the amount of the advance installments up to 15.04 and after that are made with the declaration under art. 88 of CITA; in the event that the annual tax return for 2019 is not submitted by 15.04, it must be filed by that date, by completing only the part in which the advance payments for 2020 are declared.
Adjustments to the amount of advance payments shall be made with the declaration under Art. 88 of CITA;
-adjustments of the advance payments made with the declaration under art. 88 of CITA, shall be used after submission of the declaration.
The above provisions are related to the fact that the period for making the monthly advance payments for the months of January, February, March and April and the quarterly advance payment for the first quarter is April 15, and the deadline for submitting the annual tax return for 2019. declaring the type and amount of the down payment for the current year is until 30 June 2020.
The monthly advance payments for the first quarter (January, February and March) of 2020 shall be paid by 15 April 2020, and for the months from April to December by the 15th of the month to which they relate. Or, respectively, it is April 15; July 15 for the second quarter and for the third quarter - the deadline is December 15. No quarterly down payment is made for the fourth quarter. Individuals, sole traders, and farmers, when choosing to be taxed as sole traders, apply the abovementioned rules for the down payment, with a deadline of 30.04.2020 instead of 15.04.2020.
The deadline for declaring and submitting the tax on CIT costs and for submitting the annual activity report (APA) is extended until 30 June. The deadline for filing the annual income tax return of natural persons engaged in business activities as traders within the meaning of the Commercial Law is also extended by two months, incl. sole proprietors, activities as farmers when they have chosen to be taxed as sole proprietors, and to pay the tax due on those persons on the declaration. There is also an extension of the term for using the 5% discount of the due tax for the payment of the annual tax return for taxation of the income of individuals until May 31, 2020.
The deadline for non-sole proprietorships to file an annual tax return and to file a tax return remains unchanged - 30 April 2020.
How do I get a certificate that I have no taxes and compulsory social security contributions during a state of emergency?
NRA clients may request the issuance of a certificate for the presence or absence of public obligations and electronically using their PIC or QES. This is done through the NRA's e-services portal, where they submit a "Request for Document". The certificate issued and signed by electronic signature will be sent to them by the e-mail specified for contact in connection with the electronic services of the NRA. The electronically signed document may be presented to the institution or organization requesting it. The document issued and signed with QES by the revenue body can be sent electronically and directly to the institution or organization requesting it, by explicitly specifying the email address to which it should be sent.
How to recover discontinued health insurance rights during a state of emergency?
If the interruption is due to unpaid health contributions, then the person must submit Declaration Form No.7 and pay the amount due. The updated health insurance status will be visible in the electronic file on the NRA website by 12 noon or at midnight on the day the payment is received at the Agency.
If health insurance rights are reimbursed on other grounds (for example, the person is a full-time student abroad, was insured in an EU Member State, etc.) and documents are required to be submitted to the NRA, they can be sent scanned by e-mail at the office of the Revenue Agency at your permanent address.
How to file an income statement without going to the NRA office if I do not have a PIC or electronic signature?
The NRA provides the opportunity to complete the declaration with a barcode, which is available on the website of the revenue administration at www.nap.bg. Once completed, the form is printed and mailed by registered letter to the NRA office at your permanent address.
Can I have a PIC remotely without visiting a NRA office?
There is no way that can happen. Issuing a PIC requires a personal visit to the NRA's office by the person or a person authorized by him / her with a notarized power of attorney. Until the state of emergency ceases, we recommend that our clients do not visit the NRA's office unless necessary.
Users who have a personal identification code (PIC) from the NRA but have forgotten it, will they be able to recover it?
Yes, this is already possible. One call to the Revenue Agency's information phone is required: 0700 18 700 or 02/98596801 abroad. Menu 6 is selected - "Information with a PIC", under menu 3 - "Forgotten PIC". A prerequisite is for the client to have access to and use at present the e-mail address that he / she requested when issuing the PIC.
After contacting a consultant from the Information Center and after reliable identification, the client will receive a temporary PIC. With it, he will be able to enter the NRA e-services, enter a new code and confirm it. At the email address the user will receive a link to activate the code entered by him, which will be able to use the full volume of electronic services provided by the NRA.
Undoubtedly, the PIC makes it possible to use the revenue administration's e-services without having to physically visit an office…
Yes it is. At present, the total number of NRA e-services available with the PIC has exceeded 35. These include filing tax and social security statements, statements of payable liabilities, including local taxes and fees, income statements. , for insurance income, for payments made and obligations paid off, current status of employment contracts, filing of applications and obtaining certificates and more. Issuing a PIC takes only a few minutes. For security reasons, it is given personally to the customer or to a person authorized by him in a sealed envelope. The reason is that all actions performed with the PIC, including submission of declarations and documents, are considered to be self-signed by the client.
Both the Agency's e-services and e-services provided by other administrations, including the NSSI, the National Health Insurance Fund, the Employment Agency, the Registry Agency, the Ministry of Agriculture, 60 municipalities can use the NRA PIC and other.
01.04.2020
33 THOUSANDS ARE THE USERS OF THE SECURITY ELECTRONIC SERVICE SYSTEM
Nearly 33,000 are the total number of registered users in the Secure Electronic Service System (SESS), State Agency for Electronic Governance reported.
It is added that for a week 146 profiles of persons with public functions were registered, with their total number being 1485. Registered administrations were 1195, with the included secondary and third-level budget spending units. The number of municipal administrations is 251. So far, nearly 190,000 messages have been sent through the e-Handling System.
SESS enables citizens, business and administration to interact electronically, the agency recalled. The sending and receiving of the messages shall be certified by a qualified electronic seal of the State Agency for Electronic Governance.
Administrations can integrate the e-service module into their information systems or use it through a user interface at https://edelivery.egov.bg/.
Through the e-Handling System, every citizen can check what personal data they have in the registers and how they are used by the administrations. This is possible for registered users through the services of State Agency for Electronic Governance "Providing access of individuals to information related to them and stored in registers of primary administrators" and "Provision of personal information to an individual for third party access to his or her data, available in registers, through the Environment for inter-registry exchange RegiX".
Registration in the Secure e-Handling System can be done with a physical or cloud Qualified Electronic Signature (QES) or Personal Identification Code (PIC) of the National Social Security Institute.
01.04.2020
NSSI PIC ALREADY STATES ALSO AND ELECTRONICALLY
The National Social Security Institute (NSSI) provides an opportunity to apply for the issue of a Personal Identification Code (PIC) to the NSSI and electronically.
The service is already available to users of the institution's services and is provided through The Secure Electronic Service System (SESS) of the State Agency for Electronic Governance (SAEG). Through the system, the application for issuing a PIC is submitted to the respective territorial division of the NSSI, and the issued certificate is returned to the person through it again. The use of a SESS requires registration and the existence of a valid qualified electronic signature (QЕS).
Persons who do not have a QES can take advantage of the opportunity to issue a one-month free electronic signature from certification service providers who will provide an online opportunity to request a signature. More information can be obtained from the SAEG website.
The NSSI also provides for an additional opportunity to submit, by electronic means, an application, annex 13 to the Regulation on cash benefits and state social security aids regarding the authorization of a person to file in the NSSI documents for payment of cash benefits, provided that the authorizing officer has a qualified electronic signature (QES). Only in this case the request for authorization / withdrawal of the authorization can be submitted through the contact form of the NSSI with access to personal data to the respective NSSI TD where the authorizing officer is registered. The application shall be submitted as an electronic document signed with the QES of the authorizing person or as a scanned copy of a paper document. An application submitted electronically with the QES of the authorized person and not with the QES of the authorizing officer does not have the character of a duly signed supporting document and is left without consideration.
The ability to request the NSSI 's PIC electronically is part of the National Social Security Institute' s package of measures to limit client visits to institution offices throughout the country in a state of emergency. It also includes the decision to submit the documents related to the granting and payment of unemployment benefits to the labor offices together with the registration as unemployed.
The National Social Security Institute reiterates its call to all its clients to refrain from a personal visit to the offices of the institution. Alternative forms of contact with the NSSI are available: over 70 e-services, a Contact Center (0 700 14 802), letters or e-mail.
Berkovitsa Consultancy Center recalls the contact details with NSSI-Montana:
TD Montana of NSSI
address Montana 3400, Blvd.“Treti Mart” No.76
Phone 096 394 160;
email: montana@nssi.bg
01.04.2020
EXTEND THE TIME FOR NOTIFICATIONS UNDER THE DISABILITY ACT
The Employment Agency will continue to accept annual notifications from employers seeking to hire people with permanent disabilities through the agency or other registered intermediary organizations and have not fulfilled the quota under Art. 38, para. 1 of the Disabled Persons Act.
If the employer does not wish to use mediation, he is not obliged to give notice, but to take independent actions to hire people with permanent disabilities. The Disabled Persons Act also lists cases in which employers are exempted from the quota obligation.
If there are grounds for notification, it must be drawn up in a standard form and sent to the employment office in the territory of which the registered office is situated.
The notification may be submitted within one month after the cancellation of the state of emergency, in accordance with the provisions of Art. 4, item 1 of the Law on Measures and Actions during the State of Emergency (LMASE), announced by a decision of the National Assembly of March 13, 2020.
Submission can be done through a licensed postal operator or electronically in accordance with the requirements of Regulation (EU) No 910/2014 and the Electronic Document and Electronic Certification Services Act, including through a secure e-service system profile.
In the period of strict implementation of measures to curb the spread of the coronavirus, the Employment Agency does not recommend that the notification be made through a visit to the relevant Labor office, but the reception of an on-site notification will not be refused either.
The Employment Agency reminds that employers have no obligation to notify the employment office of the jobs determined in accordance with Art. 315 of the Labor Code, and that these places are not taken into account when taking into account the implementation of the quota under Art. 38 para. 1 of the Disabled Persons Act.
The model notification and the Procedure for submitting notifications for occupation of jobs for people with permanent disabilities in accordance with Art. 41 of the DPA are published on the website of the Employment Agency and are available at the following link: https://www.az.government.bg/pages/uvedomlenie-ot-rabotodatel-zhu/.
The Employment Agency once again calls on its future and current clients to stay home and focus on its e-services, assuring them that they will receive all the necessary assistance remotely.
01.04.2020
PROVISION OF PAID AND UNPAID LEAVE UNDER EMERGENCY SITUATION
On 13 March 2020 the National Assembly of the Republic of Bulgaria, by its Decision, declared a state of emergency.
At the same time, pursuant to Art. 63 of the Law on Health, by its Order No. RD-01-124 of March 13, 2020, the Minister of Health introduced restrictive measures affecting certain economic activities, and the work of the employees mentioned in the order was terminated.
Another large group of operators, whose number is growing daily, are experiencing serious difficulties in operating normally for various reasons, directly or indirectly related to the declared emergency.
The first actions of employers in the situation that has arisen in the mass case are related to the provision of employee leave either because they cannot allow them to their jobs in non-functioning sites or because there is a drastic reduction in the amount of work and such cannot be assigned. On the other hand, due to the complicated epidemic situation, attendance at educational institutions was discontinued and some employees were forced to take leave to provide care for their children not attending schools and kindergartens.
Until March 24, 2020, no changes were made to the labor legislation and employers only had in place existing and well-known payment mechanisms, respectively. unpaid leave to their employees. Against this background, a Law on Measures and Actions during the State of Emergency was adopted, promulgated by a decision of the National Assembly of March 13, 2020 (LMASE). With the adoption of this law, new legal possibilities have been created regarding paid and unpaid leave, which are precisely the subject of consideration here.
PAID LEAVE UNDER EMERGENCY
Usually, the use of paid leave implies the implementation of a procedure which is 'activated' at the initiative of the employee through a leave application - in whole or in part, on the basis of which the employer authorizes or does not authorize the use (usually by order).
Therefore, the main features of this rule of principle are that the right to leave is exercised at the request of the worker and with the permission of the employer.
The existing regulations (and before March 24, 2020), exceptionally, provided for the employer to be able to provide paid leave unilaterally, ie. and without the consent of the employee. Three hypotheses were known in which paid leave may, exceptionally, be granted unilaterally by order of the employer. They are contained in Article 173, Paragraph 4 of the Labor Code and Article 37b, Paragraph 1 of the Ordinance on working hours, breaks and vacations. These are cases where:
In addition to these existing and well-known options, new rules for unilateral provision of paid leave, established through the LMASE, were adopted. Two new texts have been adopted regulating the unilateral provision by the employer of paid paid leave without the consent of the employee.
One text is located in the main body of the LMASE (art. 7, para 2), which means that this provision can only be applied temporarily while this extraordinary law is in force.
The other possibility for unilateral provision of paid leave, without the consent of the employee, became part of the Labor Code (Art. 173a, Para. 1). This provision will thus be able to apply in the long term, both in the current state of emergency and in any new emergency situation in the future.
Here are both texts:
Article 7, paragraph 2 of the LMASE:
(2) Employers and appointing authorities may grant up to one-half of the paid annual leave to the employee without his or her consent.
Article 173a, para 1 of the Labor Code:
Art. 173a (1) Where, because of a declared state of emergency, the work of the enterprise, part of the enterprise or individual workers and employees is terminated by an order of the employer or with an order of a state body, the employer shall have the right to grant paid annual leave to the employee and without his consent, including an employee who has not obtained 8 months of service.
At first glance, an impression of contradiction is created, since the former limits the possibility of unilaterally granting leave up to half its size, and the full amount of the leave may be granted under the possibilities provided for in the LC. In fact, it is a matter of settling different hypotheses, and in Article 7, paragraph 2 of the LMASE, the employer or the appointing authority may unilaterally order the use of paid leave without the need for any additional condition, provided that do this within the term of the special law, i.e. for the duration of the current state of emergency. When granting leave under the new Article 173a, paragraph 1 of the Labor Code, the legislator provides several conditions for the employer to take advantage of this opportunity.
In order to explain the new texts in full, we will note their specifics by comparing them:
What are the differences between Art. 7, Para 2 of LMASE and Art. 173a, para 1 of the Labor Code?
Conclusion from this comparison:
There is no regulated possibility for the appointing authority to grant civil servants more than half paid leave without the employee's consent.
It applies only "where, owing to a declared state of emergency, the work of the enterprise, part of the enterprise or individual employees is terminated by an order of the employer or an order of a public authority", i.e. the prerequisites are:
-> State of emergency declared;
-> Suspension due to a state of emergency;
-> The termination of employment is based on an Employer Order or a Governmental order.
The termination of employment may cover the whole undertaking, part of it or individual employees. Article 173a, paragraph 1 may be applied only to those employees whose work has been terminated.
NEW OPPORTUNITY FOR EMPLOYEES to take paid annual leave at his request, without the right of the employer to refuse:
Regarding the use of paid annual leave, in principle, the so-called “permit regime” is generally applicable, according to which the employer has the last word to allow or not to use. With the adoption of the new Art. 173a of the Labor Code, in its para 2 an exception from the procedure established by law is introduced.
Art. 173a, para 2 of the Labor Code: (2) The employer is obliged to allow the use of paid annual leave or unpaid leave in case of declared emergency at the request of:
Similar to the quoted provision, it was adopted as a text with the new Article 64a, para 1 of the Law on the Civil Servant:
Art. 64a. (1) In case of a state of emergency and when it is not possible to introduce telework in the home environment under art. 51a, the appointing authority shall be obliged to authorize the use of paid annual leave or unpaid leave at the request of:
In these circumstances, the employer and the appointing authority are not entitled to judgment and are obliged to grant paid leave if a request to that effect, by an application, has been received by the employee.
Here, there is a subjective right conferred on certain categories of workers, which the legislature exhaustively refers to. If the employee falls into any of the categories explicitly mentioned, he or she may state his / her request and the employer is obliged to provide the requested leave.
The prerequisites that must be available in order for the hypothesis of Article 173a, paragraph 2 of the Labor Code, respectively. Article 74a, paragraph 1 of the Law on the Civil Servant are the following:
UNPAID EMERGENCY LEAVE
The main conclusion is that unpaid leave, even during the state of emergency, can be granted and used only at the request of the employee, in accordance with the procedure of Article 160 of the Labor Code.
In principle, unpaid leave is provided in the legislation only as a legal option and not as a right in favor of the employee. This is because it depends solely on the will of the employer not only when and in what amount to provide unpaid leave, but also whether it will be allowed at all. A new exception to this principle rule was created by the provisions of Article 173a, paragraph 2 of the Labor Code cited and commented above, and Article 64a, paragraph 1 of the Law on the Civil Servant. At the request of the employee, in addition to paid leave, the employer is obliged to provide the use of unpaid leave, subject to the same prerequisites and conditions that were considered above regarding the use of paid leave. In this case, the entire period of unpaid leave, without restriction, shall be recognized as work / service experience in accordance with the explicit provision of Article 173a, paragraph 3 of the Labor Code, respectively. Art.64a, Para 2 of the LCS.
One additional point should be noted when discussing changes related to unpaid leave. The government has publicly announced various measures to promote employment during the state of emergency. One of these publicly announced measures is the envisaged possibility of providing interest-free loan, without collateral, up to BGN 4,500 for employees for the time they take unpaid leave.
30.03.2020
ELIGIBILITY FOR THE SCHEME 60:40
If they want to get help under the 60:40 scheme, businesses will need to prove a drop in sales revenue of at least 20% in the month preceding the one in which compensation is submitted compared to the same month in 2019. This was adopted today by the Council of Ministers in the pending Business Aid Decree, which comes retroactively from the announcement of the state of emergency - 13 March 2020.
It was sent to the European Commission to approve the granting of this state aid. Labor Minister Denitsa Sacheva has announced that she will be able to apply tomorrow. The Employment Agency has already published full information on the program (you can get acquainted with it at www.az.government.bg). "We have made the measure as flexible as possible, for example, the employer may not request it for all its employees, but only for some," Sacheva said.
Prime Minister Boyko Borisov has announced that in order to achieve this, the Council of Ministers will vote on a budget update, saying that it requires at least BGN 1.5 billion.
There are 7 sectors that will not receive assistance. They are A, K, O, P, Q, T and U according to the Classification of Economic Activities (NACE.BG-2008). These include agriculture, forestry and fisheries, financial and insurance activities, government, education, human health and social work, household activities as employers; undifferentiated activities of households for the production of goods and services for own consumption; activities of extraterritorial organizations and services.
According to their date of incorporation, companies will demonstrate a decline in revenue over different periods. Those established before March 1, 2019, must have a decrease in sales revenue of at least 20% in the "month preceding the month on which the claim for payment of compensation is filed, compared to the same month of the previous calendar year." I.e. if an application for aid under the 60:40 scheme for March 2020 is submitted in April 2020, the firm will have to prove a decrease of at least 20% compared to March 2019.
Those established after March 1, 2019, must have a decrease in sales revenue of at least 20% "in the month preceding the month on which the claim for payment of compensation is filed, relative to the average January and February earnings of 2020."
However, there are also 14 sectors that will be able to apply to the state to absorb 60 percent of their salaries without proving that their income has decreased. These include retail, transportation, hotel, restaurant, tourism, artists, athletes, etc. They are listed in an annex to the decree. They will not prove a decrease in sales and “employers who have ceased activity carried out on the territory of individual settlements, where by order of a state body anti-epidemic measures were introduced on the grounds of Art. 63 of the Health Act.”
As is already known, the measure is applied only to maintain employment, i.e. so that workers are not made redundant.
Companies that have stopped working in whole or in part, or terminated only in respect of individual employees, may apply for part of the remuneration of staff. It will also benefit those who have entered part-time, whether for part or for the entire enterprise. For them, compensation will be paid in proportion to the time off, but for no more than 4 hours a day.
Compensation will not be paid to employees who have not been employed by the employer before the date of the emergency, nor for workers on temporary disability, pregnancy and childbirth leave, when adopting a child up to 5 years of age or raising a child up to 2 years of age, as well as those for which the company receives financing for salaries and social security contributions from the state budget, from European Structural and Investment Funds or other public funds.
As expected, the decree stipulates that assistance will be available for a maximum of three months.
The 60 percent that the state will give are from January 2020 insurance income.
Here's how it will be determined:
The remainder up to the full amount of the salary is paid by the employer and he must also pay insurance.
The conditions
The first condition for the grant of 60:40 is the employer to carry on business in Bulgaria, which may be a local natural or legal person or a foreign legal person.
The second is that there are no tax liabilities and mandatory social security contributions (within the meaning of Art. 162, para. 2, item 1 of the Tax and Social Insurance Procedure Code) to a state or municipality established by an effective act of a competent authority in respect of which it has not taken any actions for rescheduling, deferral or security.
The third requirement is that the employer is not declared either in bankruptcy or liquidation proceedings.
The next condition is to keep the employment of workers for whom he has been compensated for a period not less than that for which he was paid. nd not to terminate employment contracts of employees on the grounds of Art. 328, para. 1, items 2, 3 and 4 of the Labor Code during the period for which they are compensated.
And the latter is formulated as follows: „Not to have a penal decree or court decision established by a enforceable law, violation of Art. 61, para. 1, Art. 62, para. 1 or 3, Art. 63, para. 1 or 2, Art. 118, Art. 128, Art. 228, para. 3, Art. 245 and Art. 301 - 305 of the Labor Code or Art. 13, para. 1 of the Labor Migration and Labor Mobility Act for a period of 6 months prior to the issuance of the termination order“.
The most important requirement is to submit documents proving a decline in sales revenue.
The procedure
The application will be able to start when the Executive Director of the Employment Agency issues an order to open a procedure for this, and information on the terms and conditions of the application will be published on the website of the Office and on the boards in the Labor Offices.
It will also issue a model of the application for compensation, which may be submitted in paper form, electronically or by registered letter with acknowledgment of receipt through a licensed postal operator at the labor office, "serving the territory of employment of employees". "For funding whose payroll is being applied for.
They shall be attached to the application:
Who is eligible for compensation will be decided by a committee with each labor office. It will take 7 days to review the application.
It will verify ex officio at the National Revenue Agency whether the two most important eligibility requirements have been met - whether the revenue has fallen by at least 20% over the relevant period and that the employer owes taxes and insurance. The other conditions will be verified ex officio.
The company will be notified whether or not it is approved within two business days of the commission's ruling.
The compensation will be paid by the NSSI.
