29.12.2023
IN WHICH CASES IS AN INCREASED AMOUNT OF RETIREMENT BENEFIT OBTAINED
The gross remuneration for determining the retirement benefit is the gross remuneration received by the worker or employee for the month preceding the month in which the legal relationship was terminated, or the last monthly gross remuneration received by the worker or employee, unless otherwise provided.
When determining the gross remuneration from which the compensation is calculated, Art. 17 of the Ordinance on the structure and organization of the salary applies.
There are certain circumstances in which the law makes it possible to receive an increased amount of these benefits. What are these possibilities?
The amounts of retirement benefits apply, as long as no greater amounts are provided for in an act of the Council of Ministers, in a collective labor agreement or in the employment contract.
This means that the parties to a collective labor agreement can agree on larger amounts of compensation, and the law does not limit the maximum amount. Upon termination of the employment relationship, a worker or an employee who has acquired the right to a pension for insurance length of service and age, who is a member of a trade union organization party to the contract or who has joined the concluded collective labor agreement, has the right to compensation in an increased amount, according to the contract.
Larger amounts of compensation under Art. 222, para. 3 of the Labor Code can also be negotiated when concluding an individual employment contract. The parties are not limited in reaching an agreement on the amount of the compensation upon retirement, and there is no obstacle to agreeing on larger amounts of the compensation even after the conclusion of the employment contract - with an additional agreement.
At the present time, Decree of the Council of Ministers No. 31 of February 11, 1994 is still in force in Bulgaria to increase in some cases the amount of benefits under Art. 222, para. 3 of the Labor Code.
According to the cited Decree, upon termination of the employment relationship after January 1, 1993 of a worker or employee from the organizations and units of budgetary support, after having acquired the right to a pension for time served and old age, regardless of the reason for the termination, his compensation under Art. 222, para. 3 of the Labor Code is increased in the total amount of his gross remuneration for a period of six months, when, regardless of the implemented transformations, closure, opening, merger or division of the organizations and units of budgetary maintenance, the worker or employee has worked in the last ten years of his working experience in the same, in terms of the main functions and tasks performed, organization or budgetary support unit.
Pursuant to the same Resolution, retirement compensation under the Labor Code in the amount is also determined for pedagogical and medical personnel, as well as for artistic and artistic-creative personnel, when during the last ten years of their working experience before acquiring the right to a pension for time served and old age have worked in organizations and budgetary support units in the field of education, health care, social care, culture and art.
We pay special attention to the fact that the Decree sets the express condition that the persons have worked in budget support organizations and units, and not in private hospitals, private schools, etc. similar.
Reference:
Art. 1, para. 1 and para. 2 of Decree of the Council of Ministers No. 31 of February 11, 1994 to increase in some cases the amount of benefits under Art. 222, para. 3 of the Labor Code
Art. 222, para. 3 of the Labor Code
Art. 17 of the Ordinance on the structure and organization of the salary
28.12.2023
THE HEALTH CONTRIBUTION IS BEING RAISED
From 1 January, the health contribution is raised for people who pay their own compulsory health contributions (e.g. long-term unemployed persons who do not receive unemployment benefits and are not insured by the state, etc.) and are not registered as self-insured persons within the meaning of The Social Security Code.
From the first day of 2024, the minimum monthly amount of the insurance income for self-insured persons will increase, and it will be BGN 933 compared to BGN 780 now.
Currently, the health contribution per month is BGN 31.20, because according to the Health Insurance Act, the uninsured pay 8% on income, not less than half of the minimum monthly income for self-insured persons, or currently BGN 390. From next year, the contribution becomes BGN 37.32 per month, since half of the income will now be BGN 466.50.
The contribution is borne by the state for children, pensioners, socially weak and other groups of people specified in Art. 40, para. 3 of the Health Insurance Act. When the employer or another person is obliged to pay the insurance contributions, failure to pay them does not deprive the person of the right to use the services provided by the Health Fund.
The deadline for paying health contributions is the 25th of the month following the month to which they apply. Legal interest is charged for payment that is not made on time. For example, the health contribution for January, which will already be higher, must be paid by February 25 at the latest.
All those who are required to pay their own health insurance contributions must submit a one-time declaration Form 7 to the National Revenue Agency, the revenue agency reminds. In the section "Health insurance" on the website of the revenue agency, there is also information on filling out and submitting declaration Form 7.
28.12.2023
ROMANIA IN THE TOP 3 OF THE BEST COUNTRIES FOR DIGITAL NOMADS FOR 2024.
The orders for the attendance return work continue to produce titles, but the remote work remains up -to -date and employees continue to look for ways to travel and work.
Visaguide.world, an online free visa information guide, rank countries based on various factors directly affecting the lifestyle of a digital nomad.
The Digital Nomad Visa Index Index arranges sides based on the following factors:
For years, Portugal has been one of the most popular destinations for digital nomads, but does not take the lead in the ranking of Visaguide.world.
Portugal has already declared several changes to the policy that come into force in 2024 and can be defined as unfavorable for digital nomads, including the end of the unusual residence regime that allows a reduction in tax for 10 years to new residents, regardless of nationality S
Which country is # 1 for digital nomads in 2024?
Spain is the best country for digital nomads in 2024. With a score of 4.50 out of 5. Since 2023. The distance work visa allows people to live in Spain by up to 1 year as long as they have income at least 2 times higher From the minimum wage in the country, over 2600 euros or $ 2,750 a month.
Applicants should also not have a criminal record in Spain or elsewhere in the last 5 years before application, private health insurance, a 1-year employment contract with a company outside Spain and at least 3 years of work experience or a diploma from a college in the district, according to the Spanish Ministry of Inclusion, social security and migration.
Earlier this year, Spain announced that it allows spouses and families to join the candidates for a digital nomadic visa as they have higher salaries than the required minimum amount.
The applicant must show an additional $ 1,000 more monthly income per family member. Then they have to have another $ 335 per person a month. For example, in order to move a 4-member family to Spain, the applicant must show revenue of $ 4350 a month or about $ 52,200 a year.
Top 10 Digital Nomads countries in 2024
Argentina is the second best country for digital nomads in 2024. The South American digital nomad visa allows remote workers to stay for 6 months with the option to renew their stay in the country for up to 1 year. In order to apply, you must have a distance work and a passport from a country that does not require an Argentine visa, according to the National Migration Directorate.
When the digital nomad visa was announced in 2022, the Argentine government also said that applicants would receive discounts on airport transfers, transport, hotel stay and joint office spaces.
It is not yet clear what the requirements for the income of digital nomads are to apply for a visa in Argentina. According to the Visaguide.world report, their visas also allow the nomads to live without taxes throughout their stay. The report also indicates that the high speed of the Internet of Argentina and the popularity among tourists are the two additional factors that make this country sought.
28.12.2023
WHAT DOES IT MEAN TO HAVE WORKED IN A "GROUP OF ENTERPRISES"
The Labor Code stipulates that upon termination of the employment relationship, after the worker or employee has acquired the right to a pension for length of service and age, regardless of the reason for the termination, he is entitled to compensation from the employer in the amount of his gross remuneration for a period of 2 months.
If he has acquired 10 years of work experience at the same employer or in the same group of enterprises in the last 20 years - compensation in the amount of his gross remuneration for a period of 6 months.
In practice, the question of what it means to have worked in a "group of enterprises" often arises, according to which the amount of the retirement benefit can be determined in certain cases.
The legal definition of the term "group of enterprises" in the Labor Code applies in all cases where the term is used in the normative act. Therefore, the term "group of enterprises" used in the provision of the Labor Code has the meaning defined in the Additional Provisions of the Labor Migration and Labor Mobility Act.
According to the provisions, "Group of enterprises" is two or more related enterprises, such that: one enterprise, in relation to the other enterprise, directly or indirectly owns a preferential share of the subscribed capital of the second enterprise; controls the majority of votes related to the share capital issued by the second entity; has the right to appoint more than half of the members of the administrative, management or supervisory body of the second enterprise, or the enterprises are under the unified management of the parent enterprise.
The right to compensation in the amount of the gross labor remuneration for a period of 6 months arises for employees who have acquired a total length of service of 10 years or more in the last 20 years with the same employer or in the same group of enterprises.
The expression "in the last 20 years" means that the assessment of the presence of at least 10 years of work experience acquired at the same employer or at different employers, but from the same group of enterprises, is made within 20 years and that this should be the last 20 calendar years as of the date of termination of the employment contract.
If the worker or employee in the last 20 years of his employment has 10 years of employment with two different employers who are "connected", he is entitled to compensation in the amount of 6 gross wages. This is the case, for example, when one enterprise, in relation to the other enterprise, directly or indirectly owns a preferential share of the subscribed capital of the second enterprise.
The length of service can be acquired during the last 20 years before the termination of the employment relationship, during which the worker or employee worked with or without interruption for the same employer. In addition, the specified 10 years in the last 20 years can also be acquired with different employers, as long as they are in the "same group of enterprises".
When more than 10 years of the worker's or employee's work experience in the last 20 years were not acquired with the same employer, but with two or more different employers who are not from the same group of enterprises, the benefit is for a period of 2 months.
When not less than 10 years of the worker's or employee's work experience are acquired with the same employer or with different employers, but from the same group of enterprises, the benefit is for a period of 6 months.
Reference:
Art. 222, para. 3 of the Labor Code
§ 1, item 5 of the Labor Migration and Labor Mobility Act
22.12.2023
HAPPY HOLIDAYS FROM THE CONSULTANCY CENTER - BERKOVITSA
The Consultancy Center of Berkovitsa wishes you the shine of the upcoming bright Christmas and New Year holidays to illuminate your homes and warm your hearts! And let the New Year bring health, peace and hope!
22.12.2023
THE NUMBER OF FOREIGN WORKERS WHO WILL BE ABLE TO WORK IN ROMANIA WILL REACH 140,000 NEXT YEAR
The number of foreign workers who will be able to work in Romania in 2024 will reach 140,000, or 40 percent above the threshold for this year according to an analysis published this week by an online recruitment platform.
According to EJOBS, most employers are in the retail, hotel and restaurant business, services, construction, transport and logistics or tourism, as well as "initial positions", which require a maximum of two years of experience.
Of the nearly 350,000 jobs announced from the beginning of January to the end of November, 86,000 were announced by employers from the retail sector, 51,000 from the Services sector, 40,000 of the food industry, 37,000 from tourism, 32,000 from transport and logistics, and 28,000 from construction employers.
According to Salario (Salario), the IDDS unit to compare wages, the average net salary at a national level for an employee who occupies a low, starting position in these sectors is between 2600 and 3600 lei as follows: 3000 lei for the employees in the trade At retail, 3600 lei for construction workers, 3000 lei for workers in the food and hotel and restaurant industry, 3100 lei for employees in transport and distribution, 2600 lei for employees in tourism.
"2022 is the year in which the number of work permits provided to workers from non-EU countries has increased most, given that in 2021 the contingent of newly adopted foreign labor market is It was 50,000, which is twice the previous year. According to official data, over 96,000 employment contracts for workers from non-European countries have been registered last year," the media reports.
The EJOBS platform, established in 1999, is the first to recruit staff in Romania, which since 2012 is part of the Ringier AG group, an international media company with the Headquarters in Zurich, Switzerland.
Currently, the platform offers 24,000 jobs, of which nearly 6,500 are from employers in the retail sector, 2,000 - in construction, 3 300 - in the services, 2,600 - in transport and logistics, and 2,200 - in tourism, hotel and restaurant.
22.12.2023
THE EMPLOYMENT AGENCY LAUNCHES ACCEPTING APPLICATION FOR FREE TRAINING WITH VOUCHERS
As of 21.12.2023 Employment Agency has launched the admission of applications for training with vouchers for the acquisition of digital skills under key competence (CC) 4 "Digital Competence". The training will be funded under the National Recovery and Sustainability Plan.
It may include unemployed and employed persons, the focus will be on disadvantaged persons, those without digital literacy, Roma people, low-level persons, low/or no digital skills, older persons and other.
The eligible forms of training are present and distance training, providing for the payment of scholarships and means of transport costs only for unemployed persons in daily present form.
The training will be carried out under a curriculum approved by the Minister of Labor and Social Policy. Its duration will be not less than 55 hours at a base level (level 1 and 2 according to DIGCOMP) and not less than 45 medium-level academic hours (level 3 and 4 according to DIGCOMP). A trainer has the right to receive a voucher for training for the acquisition of a basic and one voucher for average digital competence, and the acquisition at the average level of digital skills will take place after the acquired basic level.
Any unemployed or employed person who wishes to apply for a training voucher for key competence 4 "Digital Competence" should complete an electronic application that is available from here.
In the application for participation, the person should fill in all compulsory fields, choose his preferred training, preferences, training, form of training, place and address of training.
After submitting the application, the applicant will receive information about the number under which he or she is registered with the Employment Agency system. Upon approval of the application, an electronic voucher will be issued for the requested training, and in case of disapproval, the person will receive an answer with the reasons.
Additional information, as well as a consultation to involve vouchers, can be obtained at all labor offices in the country.
Important!
In connection with inquiries and cases of non -deposited emails to confirm application of vouchers with vouchers to acquire digital skills under key competence 4 "digital competence" funded under the National Recovery and Sustainability Plan, the Employment Agency notifies that in the application for the application for Participation The person should fill in all mandatory fields. After submitting it, at the specified email address, the applicant will receive information about the number under which he or she is registered with the Employment Agency system.
The manner of receiving the confirmation of the application and the electronic voucher is only of the correct e-mail specified by the applicant.
In the event that e-mail is wrong, incomplete or false, the Employment Agency cannot send confirmation, and at a later stage-you cannot get confirmation or refusal to issue the voucher.
If within 24 hours of the application you have not received an email for registration with the Employment Agency system, you have the opportunity to submit a new application by entering your correct email address.
22.12.2023
20 MILLION EUROS FOR START-UP FARMERS OVER 41 YEARS OLD
Provision of a grant of EUR 30,000 for new producers aged 41 to 65 who wish to start an agricultural business. This is what the new support scheme looks like, which is included in the corrections sent to Brussels at the end of last week in the strategic plan for agriculture, allocating funding for the sector in the current program period until 2027. It will be allocated 20 million euros, with the goal is to attract at least 663 new entrepreneurs in the sector.
With the sent corrections in the strategic plan, a new assistance intervention will be created - "Start-up assistance for the establishment of new farmers in agriculture" with a budget of 20 million euros. It will support applicants aged 41 to 65 who would like to receive financing to start an agricultural business. The condition is that they have registered their first agricultural holding - sole trader or sole proprietorship, a maximum of 12 months before the date of application for the funds. As well as having the "relevant professional knowledge and skills to carry out agricultural activities" or undertake to acquire them during the implementation of the project.
According to the scheme, it will be possible to receive financing of 30 thousand euros for starting a business: 15 thousand euros of the amount will be provided after the approval of the project, and the rest - after the implementation of its activities, the new intervention foresees. Co-financing from the applicant is not required.
Each project will have to start a maximum of 9 months after its approval and be completed within 3 years, the rules stipulate.
The New Farmers Scheme complements the existing opportunity for young farmers under the age of 40 to start a farming business. In the corrections to the strategic plan sent to Brussels, it is foreseen that the support for them will be increased to 40 thousand euros for starting a business. Persons between 18 and 40 years of age who register their first agricultural holding and have professional knowledge or skills, or undertake to acquire them, will be able to apply for it.
Funding for young farmers is also planned to be in two stages – 20 thousand euros upon approval of the project and 20 thousand euros after its implementation, which should be within three years.
21.12.2023
EIT DIGITAL LAUNCHES A NEW TRAINING PLATFORM FOR ACQUIRING DIGITAL SKILLS
EIT Digital introduced the global education initiative (d)Academy, which aims to help develop the digital skills needed in today's economy.
More than three-quarters of companies in the European Union report that they are struggling to find employees with the right skills, and a quarter of small and medium-sized enterprises consider the lack of qualified employees and experienced managers to be the biggest problem they face.
New technologies are changing the way we work and live, necessitating the need to retrain and upgrade the skills of the workforce to avoid falling out of the labor market and ensure a fair digital transition. Data from the 2023 DESI Digital Economy and Society Index shows that only 54% of European citizens have at least basic digital skills.
The (d)Academy will bring together experts from industry, education and research communities who will develop modular educational programs on topics ranging from cybersecurity to data analytics and machine learning. Programs will range from online courses to blended and hands-on training.
EIT Digital (d)Academy
The initiative will be implemented through the EIT Digital (d)Academy platform – a modern ecosystem designed to bring together trainers, training providers and workers. Employers will be able to use the platform to predict what skills they will need, determine the gap between available and required skills and synchronize learning outcomes with new recruitment, said Vanessa Wainwright, founder of abodoo.
With the help of the platform, it will be possible to determine the available skills of each learner and prepare personalized recommendations for training and career development. Each of the users will be able to indicate how they want to develop their career and in what field, after which they will receive a personalized package of trainings and learning content that will effectively fill the gaps between the available and necessary skills to achieve the goals of the learner. Also, employers will be able to identify skills gaps in their employees and align talent hiring with learning outcomes.
The platform will also offer skills-based job-hunting options, rather than the widely used method of reviewing resumes. This is expected to provide a wider selection of talent and increase efficiency in the search for new employees.
20.12.2023
THIS IS WHO IS OBLIGED TO HELP THE TRADE UNIONS
According to the law, state bodies, local self-government bodies and employers create conditions and assist trade union organizations to carry out their activities.
They provide them free of charge with movable and immovable properties, buildings, premises and other material conditions necessary for the performance of their functions. What is the provision of these conditions and is there an option to bypass them?
The Labor Code recognizes the important social function of trade unions as the authentic representative and defender of the rights and interests of workers and imperatively stipulates that state bodies, local self-government bodies and employers are obliged to create conditions and assist trade unions to implement their activity. The general duty of state bodies, local self-government bodies, as well as employers is that they must first of all create the necessary conditions for the implementation of trade union activities.
Under the term "conditions" should be understood the creation of that atmosphere and environment that best supports the respective trade union organizations to effectively and timely exercise their representative and protective functions.
For this reason, the term "conditions" in all cases is associated with the specifics, with the peculiarities and challenges of trade union activity, with the essence of the trade union cause, with the circumstances and requirements that accompany trade union work. In practice, this means that the issues that have arisen, which relate to labor and social security relations and to issues of the standard of living, should be resolved by the social partners at the appropriate level, through the means of social dialogue, in a spirit of cooperation and mutual respect for the interests and of the two parties involved in it.
It is specifically stated that the state carries out the regulation of labor and directly related relations, insurance relations, as well as issues of the standard of living in cooperation and after consultation with the representative organizations of workers and employers.
The law specifies the type of material and technical conditions that should be provided to trade union organizations. These conditions are listed by way of example and are mainly reduced to buildings, premises provided for free use, as well as "other material conditions".
Under the concept of "other material conditions" should be understood, for example, the assumption of consumable expenses for the use by the unions of lighting, heating, water, telephone charges within predetermined limits, etc. The expression "other material conditions" is related to the provision of buildings and premises, because what is the point of the state or the employer providing for free use premises in which there is no electricity, water, heating or these costs are not borne, but only four walls?
In order to have clarity and certainty in the relations between the social partners, the specific obligations by law should be provided on the basis of agreements or clauses in collective labor agreements. These obligations should be in written documents, in writing, and not by verbal agreement, promise, etc.
The state authorities or the employer provides, according to its possibilities, the free use of premises for carrying out the activities of the trade unions and, after prior agreement, provides conditions for holding trade union events, free use of telephone/fax, copier equipment, Internet and e-mail access in sufficient volume and others the like, which are evidence of good cooperation between employers and trade unions expressed in writing.
Reference:
Art. 46 of the Labor Code
