29.02.2024
HOW TO REACT WHEN THEY CHANGE OUR JOB
In today's society, where the dynamics of the labor market and the business environment are in constant change, understanding and respecting the rights and obligations of both employers and employees plays a key role in maintaining fair and balanced employment relations. In this context, one of the main principles that regulate the relationship between employers and workers is the principle of modification of the employment relationship.
This principle, which is enshrined in the Labor Code, requires the express and written consent of all participants for any change that affects their employment status. Let us consider the importance of this principle and what are its applications in practice.
According to the current legislation, the general principle when amending the employment relationship is to do so with the express consent of the parties, which must be expressed in writing. Regardless of whether it is for a fixed or indefinite period, the employer must offer the change to the employee in writing by means of a supplementary agreement or a new contract, with the employee certifying his possible consent by his signature.
One of the key points in this context is the mandatory content of the employment contract, which includes the place of work, the title of the position and the nature of the work. Changing any of these items requires the employee's written consent. For example, if the employer offers the employee a change of workplace or job title, it is necessary for the employee to agree in writing to these changes.
However, according to the Labor Code, it is not considered a change in the employment relationship when the worker is transferred to another workplace in the same enterprise without changing the place of work, the position and the amount of the basic salary. This means that if a worker is moved from one building to another without changing other aspects of his work, no express consent is required for this change.
For example, if a worker or employee in a large corporation that has several offices in different parts of the city works as an administrator in the company's office in the city center. At some point, due to changes in the organization of the work space, the company decided to move some of the workers or employees from the central office to newly rented premises in another district, but without changing their positions or salaries.
According to the Labor Code, this change in the workplace, without affecting other aspects of his work, is not considered a change in the employment relationship. Here, the express consent of the worker or employee is not required for this change, as the basic parameters of his position and remuneration are preserved. In this way, he can be transferred to the new office without having to sign a new employment contract or additional agreement.
Understanding the principles and requirements when changing the employment relationship is essential to maintaining a fair and balanced working relationship between employers and employees. Requiring express consent and written form of changes ensures clarity and protection for all participants in the work process.
Reference:
Art. 66, para. 1, Art. 118, Art. 119, Art. 120, paragraphs 1 and 3 of the Labor Code
29.02.2024
INDUSTRIAL MUNICIPALITIES LEAD IN THE CREATION OF NEW EMPLOYMENT
And in 2022, the recovery of regional labor markets is uneven, with more than two-thirds of municipalities employing people remaining below the record levels of 2019. The most serious delays are seen in municipalities with a focus on the local economy in tourism and in those with the most significant demographic problems, while the industrial regions manage to create new jobs the fastest.
According to the latest data for 2022, the number of employed people in the country as a whole reaches 2.27 million people - a visible increase compared to the "bottom" of the labor market in 2020, when their number had dropped to 2.2 million , but still far from the record of 2019, when 2.32 million people were employed.
The largest number is in the capital - 768 thousand people, followed by Plovdiv with 143 thousand people and Varna with 124 thousand. There are a total of 16 municipalities with over 20,000 employees. There are 80 municipalities with less than 1,000 employees compared to 82 a year earlier, and those with less than 2,000 - 135, or half of all. As expected, given their large population, all municipalities in the top twenty are regional centers.
The relative share of the employed is a sign of the activity and dynamism of the local labor markets. Referred to the population aged 15 and over (which also includes people of retirement age), the largest share of employed people is in small industrial municipalities - Devnya (94%), Sopot (88%), Chelopech (84%), as the high shares reflect the fact that these municipalities attract a lot of labor from neighboring municipalities.
The top five is completed by the energy center Radnevo (74%) and the capital (70%). In as many as 100 municipalities, however, the share of employed people is below 20% - this reflects both relatively low economic activity and weak local labor markets, as well as the influence of nearby strong economic centers. Only a year ago, however, their number was 131, which clearly points to shaking off the effect of the pandemic and restrictions.
As the labor market recovery appears to be over, at least in the leading municipal economies, it is worth comparing the number of people employed in 2019, a record for the labor market in many places. In 178 municipalities, there is a decrease in the number of employees, and this is most visible in Varna (-5.1 thousand workers), Nessebar (-3.3 thousand workers), Kazanlak (-3 thousand workers), Burgas (-2, 5 thousand workers).
By all accounts, the declines are mostly related to the inability of the tourism industry to restore employment to pre-crisis levels.
In relative terms, small municipalities such as Nikola Kozlevo (-33%), Georgi Damyanovo (-31%), Koprivshtitsa and Ivaylovgrad (-24%) are losing the most employees, and for many of them the reasons for this are mainly demographic. as a result of the rapid decline of the working-age population.
However, a considerable number of municipalities have managed to create new jobs and exceed their pre-crisis employment, as in Maritsa the number of employees has increased by 1.7 thousand people, in Rodopi - by 1.5 thousand people, in Bozhurishte - by over 900 people. Here, too, the biggest increases are in relatively small municipalities, among them Kovachevtsi (64%) and Novo Selo (53%).
There are several clusters of municipalities with growth in employment, most visibly in the industrial peripheries of Sofia and Plovdiv. There, declines in the pandemic years have been weaker, and labor demand far outstrips supply, meaning the upward trend in employment there is likely to be more durable.
28.02.2024
IN WHICH CASES CAN WE REQUEST A CHANGE OF OUR JOB POSITION
Most often, in practice, reassignment is made on the basis of the Labor Code, which contains the general regulations for changing the employment relationship by mutual agreement.
The general legal principle regarding contracts is enshrined in the law - they can be amended by the common will of the parties, that is, with the mutual consent of the worker or employee and the employer, expressed by signing a so-called supplementary agreement.
As the rule is that the form of the agreement amending a contract must be the same as the form of the contract itself, the supplementary agreement to amend the employment contract must also be in writing.
According to the Labor Code, within three days of the conclusion or amendment of the employment contract and within seven days of its termination, the employer or a person authorized by him is obliged to send a notification of this to the relevant territorial directorate of the National Revenue Agency. That is, after forming the additional agreement, the employer's obligation is to send a notification to the National Revenue Agency within three days.
At the moment, this is the legal regulation in the Labor Code regarding the change of the position of the worker or employee.
As has already become clear, according to the law it is required that the change of the employment relationship, in the case of the position, takes place when there is the consent of both the worker or the employee and the employer. Please note that the law speaks of "Change of the employment relationship by mutual consent". Therefore, workers and/or employees should agree. Consent should also be given by the employer as a party to the employment relationship. The judgment of this remains his on a case-by-case basis.
The job description is this important document from the worker's or employee's work file, which specifies all the work duties of the position held.
Upon conclusion of the employment contract, the employer is obliged to hand the worker or employee a job description. It expressly regulates the rights and obligations of the worker or employee related to the nature of the work assigned, resulting from the position held. It also indicates the code according to the National Classifier of Professions and Positions, the educational and qualification requirements for occupying the position, connections and interactions with other positions that will take place in the enterprise during the execution of the contract.
The job description specifies the volume and range of requirements for the worker or employee to perform the position, his work functions and duties. They should be logically related to the position by their nature, and their volume should not exceed the physical human capabilities for their implementation within normal working hours.
In particular, it should be noted that there is no obstacle for the employer to approve changes in the job description after concluding the employment contract, and this in no way necessarily means that the position to which the worker or employee is assigned should also be changed. These changes may result from amendments to regulations, be related to setting higher requirements for holding the position, and others.
Reference:
Article 119 of the Labor Code
Art. 62, para. 3 of the Labor Code
28.02.2024
MINISTRY OF INNOVATION WITH NEW MEASURES FOR STARTUPS
Several measures to promote entrepreneurship in our country are planned by the Ministry of Innovation and Growth, it is clear from Minister Milena Stoicheva's answer to a parliamentary question regarding the additional BGN 10 million requested by the department from the budget.
First of all, it is planned to develop a National Program for the support of innovation valleys, which will provide national funding for approved projects under the Horizon Europe Program, the minister points out. She reminds that on May 17, 2023, the program published a call for projects for connected regional "valleys for deep technological innovation" to unite regions with a lower and those with a higher degree of innovation development.
The aim is for the institutions responsible for innovation to work together with the local sector and science to build a common vision and activities aimed at creating key sectors for Europe such as reducing dependence on fossil fuels, increasing food security, digital transformation and cyber security, improving health care, etc. Each innovation valley project consists of two components - for the preparation of an action plan and for a joint transregional competition for the recruitment of project proposals.
In addition, the ministry plans to launch a new initiative aimed at promoting open investment. It aims to create a dynamic ecosystem for start-ups to stimulate the participation of such enterprises in open innovation platforms. These include various stakeholders who are involved in the process at all levels – eg academia, government, civil society, etc. The Ministry will support the launch of such an ecosystem through a platform aimed at innovative small and medium-sized enterprises, as well as organizing a direct connection of the successful participants of the platform with leading global high-tech corporations.
Mentoring and coaching sessions will be provided with experts in the relevant field, sessions with presentation of the subject of activity and the potential need for financing, as well as for finding potential partners, the ministry specifies.
Another measure envisages the creation of a Program for the promotion of the Bulgarian innovative start-up ecosystem in an international aspect. It will ensure the participation of start-up innovative enterprises in summit meetings, specialized events and conferences with the aim of presenting Bulgarian entrepreneurs. The main goal of the measures is the positioning of Bulgaria as a high-tech hub in the Balkans, a good investment destination and a place full of talent and potential, says Stoycheva.
27.02.2024
THE AGENCY FOR PEOPLE WITH DISABILITIES HAS CREATED AN INTERACTIVE MAP WITH ACCESSIBLE OBJECTS S IN BULGARIA
The accessible sites in Bulgaria, which citizens themselves register in the specially created register of the Agency for the People with Disabilities, can now be visualized through an interactive map. The new functionality of the register allows each object entered in it, after validation of the coordinates for its location, to be marked on the map of Bulgaria with the familiar sign for a place that is accessible to people with disabilities.
After clicking on the sign, a detailed map appears with information about the object, including the elements of accessibility - accessible entrance, provided parking spaces, provided services for blind people, translation services into Bulgarian sign language, accessible tourist routes, adapted sanitary facilities, counters, etc.
The register of the Agency for People with Disabilities contains only objects that citizens have entered. Anyone can do it electronically by filling in the information about the object - name, activity, address, as well as the information about its accessibility - in a card specially developed by the Agency. Citizens can search for relevant sites by region, municipality, settlement. The search can also be by industry and category.
The register is available on the website of the Agency for People with Disabilities in the section "Registers", section "Accessible objects", submenu "Register of accessible objects" or at the following link: https://ahu.mlsp.government.bg/da/view/
In the same section, in the submenu "Map of accessible objects", the interactive map is visualized: https://ahu.mlsp.government.bg/portal/objects/map
The Ministry of Labor and Social Policy and the Agency for People with Disabilities rely on the activity of citizens who provide services in accessible facilities, work or visit them, to register them in the Register in order to make more of them visible to people with disabilities.
26.02.2024
THE NUMBER OF THOSE WHO STARTED WORK IN JANUARY IS INCREASING
The number of unemployed persons who started work in January with the assistance of the Employment Agency was 11,343, the increase compared to the previous month was 2,436 people, according to the institution's administrative data.
The largest share of those on the labor market is in the manufacturing industry - 15.8%, followed by trade - with 14.6%, state administration - with 9.3%, human health care - with 6.7% and construction - with 4.6%. During the month, 326 pensioners, students and employed people found work with the support of the labor offices. In countries of the European Union, 914 unemployed people started work with the mediation of the labor offices, the Employment Agency announced.
A total of 280 unemployed people from the risk groups have found their employment through subsidized jobs - 74 under employment programs and measures and 206 - under schemes of the Human Resources Development Program 2020-2027. A total of 232 unemployed and employed people are included in various trainings, and 587 people have completed the training started in previous months, having acquired a new profession or key competence.
The level of registered unemployment in the country increased slightly by 0.2 percentage points on a monthly basis and reached 5.8% in January. The number of registered unemployed persons at the end of the month was a total of 165,840, with the increase compared to last month by 7,635 persons. 26,981 new unemployed persons were registered in the labor offices in January. There is an increase compared to the previous month by 8,204 persons, and compared to January 2023, the newly registered are 2,687 more, the agency also informed.
Another 601 people from the groups of jobseekers employed, students and pensioners also registered with the employment offices during the month. This group also saw an increase compared to the previous month in the demand for the agency's services - by 77.3%. As a result of the work of the Roma and youth mediators, as well as the labor mediators in the labor offices, a total of 4,250 persons inactive on the labor market were activated during the month.
In the labor offices in January, the representatives of the primary market declared 10,037 vacancies compared to 4,452 in December 2023. In the real economy, the largest number of vacancies are in the sphere of processing industry – 28.2%, state administration – 12.4 %, trade - 12%, education - 9.6%, hotel and restaurant industry - 7%, administrative and auxiliary activities - 5.8%.
The most sought-after professions by businesses in January are: machine operators of stationary machines and equipment; cleaners and helpers; staff caring for people; sellers; personnel employed in the field of personal services; workers in the mining and processing industries, construction and transport; skilled workers in the production of food, clothing, wood products and related; drivers of motor vehicles and mobile equipment; metallurgists, machine builders and related workers and artisans; teachers, etc., the Employment Agency also informed.
The Minister of Labor and Social Policy, Ivanka Shalapatova, announced that an increase in labor market activators is planned. Their task will be related to finding inactive people and including them in the labor market, she explained at a meeting of the parliamentary social committee on February 7.
The minister also said that by the middle of the year, the electronic register for economically inactive persons is expected to be ready, which will help in the information connectivity of the overall status of unemployed people.
23.02.2024
OVER A THIRD OF MANAGERS IN ROMANIA ARE WOMEN
Four out of ten entrepreneurs in Romania are women and more than a third of managers in the economy as a whole are women, according to a speech by the President of the National Council of Small and Medium Enterprises in Romania (CNIPMMR) Florin Gianu at a conference of the European Employers' Association of Business Women (PEFA).
"In terms of women running listed companies, we are number one in Europe, which is outstanding, with an average of 31.6%, with the European average being 20%. At the level of the entire economy in Romania, 33.2% of managers are women, a percentage close to what happens at the European level, i.e. 35%, a higher percentage than in the traditional countries: Germany has 29%, Italy - 28% and the Netherlands – 26%. These are official data from Eurostat," stressed Florin Gianu.
According to data presented by the head of the National Council of Small and Medium Enterprises in Romania, four out of every ten entrepreneurs (38.4%) in Romania are women. The best representation was registered in the Center region (44.5%), followed by the Bucharest-Ilfov region (44%). A lower presence of female entrepreneurs is reported in the Western region - 31.9%.
On the occasion of the establishment of the European Employers' Association of Business Women (PEFA), the chairman of the National Council of Small and Medium Enterprises in Romania indicated that the organization is joining an extremely professional and ambitious family.
Representatives of the Romanian authorities and business circles participated in a debate on the topic "Equality between the sexes. Agenda 2030", on the sidelines of which the creation of the European Employers' Association of Business Women was announced.
22.02.2024
WE GET A FASTER TEMC DECISIONS
The term for the pronouncement of the Territorial Expert Medical Committees (TEMC) and the National Expert Medical Committee (NEMC) in the assessment of permanently reduced working capacity/type and degree of disability is shortened. This is done with changes to the Regulations on the structure and organization of work of the medical examination bodies and of the regional medical examination files, adopted by the government.
The uniform distribution of certification procedures in the country is also foreseen, while at the same time consideration by TEMC will take place on a random basis. According to the Council of Ministers, this will lead to transparency, impartiality and speed in the issuance of TEMC decisions.
The obligation of TEMCs to pronounce only on the basis of the medical documentation, including the information available from the health records in the electronic health files of the individuals, will condition a full and objective assessment, reducing the requirement of TEMCs to provide additional documents.
Setting a deadline for communicating expert decisions to interested parties, informing individuals of the dates on which their documents will be considered, engaging in personal responsibility for compliance with the guidelines, etc., are organizational measures that will improve coordination between the parties involved in the medical examination process.
In the changes to the Rules for the establishment and organization of work of the medical examination bodies, which was uploaded for public discussion a year ago, it was written that a double increase in the number of the currently operating 70 TEMCs in the country is foreseen. The main goal is for the territorial expert medical commissions to be able to pronounce within the statutory three-month period, which is currently not happening on a large scale.
There is now a significant delay in the medical examination of permanently reduced work capacity, type and degree of disability, and this delay is different for different commissions. 29 TEMCs, which is 41 percent of all, are pronounced within the statutory three-month period, 17 commissions are pronounced between 4 and 6 months, and 15 after one year. The longest period of pronouncement reaches more than 4 years. The main reason is poor staffing.
The project provided for commissions to be opened in all state and municipal multi-specialty hospitals and complex oncology centers, and in those of them that are university hospitals or commercial companies with mixed state and municipal participation in the capital, at least two commissions should be created.
Mandatory participation in the composition of committees of the heads of structures in the respective medical institution was introduced for the staffing of TEMC.
It was also planned to create conditions for the use of the complete information from the records in the electronic health files of the people by the medical examination bodies. The goal is to reduce the number of cases in which TEMC requires additional research and consultations during the expertise procedures.
21.02.2024
PART-TIME MINIMUM WAGE
Undoubtedly, the controversy over the size of the minimum wage raises the question of whether the lowest paid workers have really felt a tangible increase in their living standards over the past decade?
Should the increase in the minimum wage be counted as a kind of merit of the trade union organizations and are the complaints of the employers' organizations that their views on the amounts are not taken into account, or at least not sufficiently?
Where economic interests are conflicting, it is difficult to reach a complete understanding. Employers' organizations assess the increase of the minimum wage as an unbearable burden for business and insist on more transparent rules for determining its amount. According to them, the increase of the minimum wage does not correspond to the growth of the gross domestic product, it puts the border between the minimum and the average unreasonably close wages for the country and may force a number of, mostly small and medium enterprises, to start layoffs.
It is logical that if an employer cannot afford to pay the increased minimum wage to its workers, it will look for mechanisms to reduce its labor costs by getting rid of some of its employees.
As counterarguments in support of increasing the minimum wage, the need to guarantee a decent wage and increase the purchasing power of the population is usually pointed out. The step-by-step increase in the minimum wage should also guarantee a sustainable increase in the standard of living.
Supporters of the idea of a faster increase in the minimum wage, led by trade unions, remind that the minimum wage is not received in the so-called "net amount", but deductions are made from it for taxes and insurance.
If the clearest example of a worker or an employee without previous work experience in the same or similar position is taken as an illustration (i.e. without additional labor remuneration for acquired work experience and professional experience): from BGN 780 minimum wage close to BGN 175 will be deductions at the expense of the employee. In other words, this income really only guarantees a minimum standard of living for physical survival. After all, not only is the minimum wage as an absolute amount insufficient to cover the needs of individuals, but also the tax and insurance burden is high, which further aggravates their situation.
Despite all the disputes, the law still allows the negotiation of wages below the national minimum wage in some cases, such as part-time work. It may be agreed upon between the parties at the time of the employment relationship or subsequently, with an additional agreement. Part-time work can also be introduced unilaterally by the employer as a specific "anti-crisis" measure when reducing the volume of work for a period of up to three months in a calendar year.
The lower limit of remuneration will be determined proportionally to the minimum wage for full-time work, for example, when working 4 hours - 1/2 of the minimum wage, etc.
Contracts for additional work and for work on certain days of the month usually do not constitute a main source of income for the worker or employee. The shorter duration of their work is also reflected in a lower minimum wage.
A special case is the contract for on-the-job training, under which the employer undertakes to train the worker or employee in the process of work in a certain profession or specialty, and the worker or employee - to master it. During the training period, the worker or employee receives labor remuneration according to the work performed, but not less than 90 percent of the minimum wage established for the country. The social justification of this legislative decision is in the lack of experience of the person doing the work, which usually makes his work less valuable from the employer's point of view.
Reference:
Art. 110, 111, 114, 138 and 138a 230 of the Labor Code
21.02.2024
THIS IS WHAT KIND OF STAFF IS NEEDED IN MONTANА REGION
The Employment Agency announced all vacancies in the Montana region.
If you have lost your job or want to change your current job, you may consider the suggestions below:
Managing Directors and Executive Directors 1 Montana
Sellers in stores 2 Montana
Applied specialists in medicine and pharmacy 3 Montana
Applied specialists in medicine and pharmacy 1 Varshets
Sellers in shops BGN 1,200 1 Montana
Electrical installation and repair workers 1 Montana
Other skilled workers and related craftsmen 1 Montana
Mobile Equipment Operators 3 Montana
Specialists in social sciences and religious specialists 1 Lom
Other unskilled workers BGN 1,000 1 Montana
Doctors 1 Montana
Truck and bus drivers 1 Lom
Workers in agriculture, forestry and fisheries 4 Berkovitsa
Doctors 2 Montana
Sellers in shops 2 Lom
Other personnel engaged in trade 1 Montana
Sellers in stores 2 Montana
Clothing and related workers 5 Montana
Other unskilled workers 2 Lom
Machine operators in textile, sewing and leather production 3 Lom
Sellers in shops 1 Lom
Machine operators in textile, sewing and leather production 2 Lom
Clothing production workers and related workers 17 Berkovitsa
Applied specialists with control functions in the mining and processing industry and construction 1 Montana
Clothing production workers and related workers 9 Berkovitsa
Workers in the processing industry 4 Montana
Blacksmiths, tool makers and related 1 Berkovitsa
Truck and bus drivers 1 Montana
Operators of mobile equipment 2 Lom
Machine mechanics and fitters 1 Montana
Personnel providing health care for people 1 Boychinovtsi
Clothing and related workers 1 Montana
Other medical and health professionals 1 Varshets
Applied specialists in the physical and technical sciences 1 Montana
Applied specialists in the field of arts, culture and cooking 2 Montana
Workers in the processing industry 3 Montana
Artisans 1 Montana
Personnel providing health care for people 1 Berkovitsa
Machine operators in chemical production and the production of photographic products 8 Montana
Waiters and bartenders 1 Lom
Financial specialists 1 Montana
Blacksmiths, tool makers and related 2 Montana
Waiters and bartenders 1 Montana
Other qualified workers and related craftsmen BGN 1,000 1 Montana
Sellers in shops BGN 1,500 1 Montana
Clothing and related workers 2 Montana
Clothing production workers and related workers 12 Berkovitsa
Blacksmiths, tool makers and their relatives BGN 1000 2 Montana
Clothing and related workers 3 Montana
Chefs 1 Montana
Cooks 1 Boychinovtsi
Doctors 1 Montana
Sellers in shops BGN 900 1 Montana
Truck and bus drivers 3 Montana
Housekeepers and butlers 1 Boychinovtsi
Clothing and related workers 5 Montana
Workers in the processing industry 1 Lom
Drivers of heavy goods vehicles and buses 1 Boychinovtsi
Machine operators in the food industry 2 Montana
Doctors 2 Montana
Car and motorcycle drivers 1 Montana
Truck and bus drivers 2 Montana
Food production workers and related workers BGN 1,200 2 Montana
Doctors 1 Montana
Doctors 2 Montana
Sellers in shops BGN 1000 2 Montana
Cashiers and ticket sellers BGN 1000 1 Montana
Vehicle washers, window washers, washers and related 1 Montana
Specialists in social sciences and religious specialists 1 Lom
Blacksmiths, tool makers and their relatives BGN 1000 3 Montana
Mobile Equipment Operators 1 Montana
Clothing production workers and related workers 6 Berkovitsa
Clothing production workers and related workers 10 Berkovitsa
Waiters and bartenders 2 Montana
