23.10.2023
THE LATEST CHANGES IN THE COMMERCIAL LAW IN RELATION TO INSOLVENCY
The exceptional dynamics of commercial turnover nowadays, as well as the multitude of factors of all kinds, which are related to the activity of commercial companies, often confront traders with various difficulties in fulfilling their obligations, especially financial ones. At such times, terms such as bankruptcy and bankruptcy begin to be used freely. This terminology is characteristic of the legislations of other countries, and in Bulgaria the statutory term is bankruptcy. More specifically, we should talk about commercial bankruptcy, which combines on the one hand the legal institution itself, and is also used to denote the legal proceedings for declaring a merchant bankrupt.
In issue No. 66 of 01.08.2023 of the State Gazette, changes to the Commercial Law were promulgated regarding various stages of the bankruptcy procedure. By their nature, the amendments aim at introducing clear rules regarding the rights of creditors and debtors, as well as improving the efficiency of the proceedings themselves. The changes are related to the implementation of the requirements of Directive (EU) 2019/1023 of the European Parliament and of the Council of June 20, 2019 on the frameworks for preventive restructuring, on the forgiveness of obligations and the ban on carrying out an activity, on measures to increase the effectiveness of restructuring, bankruptcy and debt relief proceedings and amending Directive (EU) 2017/1132.
Among the numerous amendments and innovations, the amendment in the scope of the concept of "over-indebtedness" according to Art. 742 of the Commercial Law. Until now, the current norm allowed to justify over-indebtedness if the property was not sufficient to cover the monetary obligations of a trader. With the change made, the norm will apply to all obligations in the future. This means in practice that the inability to fulfill specific other contractual obligations, for example production, delivery or others, will also be able to presuppose the initiation of insolvency proceedings.
Next, the amendment to Art. 613 of the Commercial Law. Until now, the district court of the merchant's seat at the time of the request to open the proceedings was competent to hear the bankruptcy proceedings. The amendment states that the district court at the seat of the trader, registered no later than 6 months before the filing of the application for the opening of bankruptcy proceedings, is competent. Thus, in practice, changes in the headquarters in shorter terms would not have an impact on the jurisdiction of the claims - including in cases of deliberate changes by companies expecting similar proceedings to be initiated against them. On the other hand, the new norm imposes the need for a careful analysis of the circumstances in relation to the registered office of the traders before filing the application for the opening of bankruptcy proceedings, in order to avoid delays in the event of a jurisdictional dispute.
A significant change is also made in the circle of acts of the district courts, which can be appealed according to Art. 613a of the Commercial Law, expressly stating that the decisions of the appellate court are subject to a cassation appeal.
Next, the innovation that a number of acts relevant to bankruptcy proceedings will also be announced in the Commercial Register deserves attention. This amendment is also relevant in connection with the deadlines for appealing the relevant acts, which begin to run from their announcement.
Part of the legislation is already a completely new regulation in connection with the bankruptcy proceedings of natural persons - entrepreneurs. The scope of the new rules includes natural persons exercising an economic activity, a trade or a free profession, as long as their enterprise does not require the conduct of business in a commercial manner in terms of subject matter and volume. In addition to the norms expressly provided for, the regulations regarding bankruptcy proceedings for the sole trader are also intended to be applied subsidiarily for natural persons - entrepreneurs. Along with the general rules for determining insolvency under Art. 608, para. 1 of the Commercial Law, a special hypothesis is also provided for these persons, namely when the person is unable to fulfill a required monetary obligation arising from or relating to a transaction related to his/her business activity, trade or free profession.
The competent court in bankruptcy proceedings is the district court at the place of registration of the entrepreneur, entered no later than 6 months before the moment of filing the application for opening bankruptcy proceedings. In the event that the entrepreneur does not have a place of registration, the law provides for the jurisdiction of the district court of the entrepreneur's permanent address. The creation of a special information system at the Ministry of Justice is also planned, in which the acts of bankruptcy proceedings of an entrepreneur can be entered or announced.
The amendments to the law also provide for the creation of special forms of claims, lists of creditors, the declaration and consent of the receiver, distribution accounts, monthly reports of the receiver and the receiver's diary.
At the same time, a number of changes are being made regarding the stabilization procedure. The purpose of this procedure is to prevent the opening of bankruptcy proceedings by reaching an agreement between the trader and his creditors to restructure the enterprise, which will lead to the continuation of the trader's activities. It is noteworthy that in Art. 764 of the Commercial Law, in contrast to the previous text, a significantly more detailed listing of traders for whom stabilization proceedings are not applied is made. The changes also introduce explicit requirements regarding the content of the stabilization plan.
The above changes are just some of the new developments in bankruptcy proceedings. The new texts are substantial in volume and cover both different aspects of all stages of insolvency proceedings, with respect to which practice is yet to be established. To a large extent, the new texts will contribute to speeding up the various stages of bankruptcy proceedings and their progress under clearer and more efficient rules.
20.10.2023
15,200 YOUNG PEOPLE WILL BE SUPPORTED TO ENTER THE LABOR MARKET THROUGH THE NEW "YOUTH EMPLOYMENT +" PROJECT
15,200 inactive or unemployed youth will be supported to enter the labor market through the activities of the "Youth Employment +" project of the "Human Resources Development" Program 2021-2027. The project is a continuation of the "New Opportunity for Youth Employment" project implemented by the Employment Agency in the previous program period of the Operational Program "Human Resources Development" 2014-2020.
Its main goal is to increase the competitiveness of young people aged 16 to 29 inclusively by providing an opportunity for an internship, on-the-job training, employment or inclusion in training to acquire "soft" skills with an employer. This will facilitate the transition of young people from education to employment and allow them to gain valuable work experience needed to fill job vacancies claimed by employers.
The new "Youth Employment+" project is implemented by the Employment Agency as a specific beneficiary. From 02.10.2023, the reception of requests from employers for inclusion in the Project began. Requests should be submitted using a template through the Secure Electronic Delivery System.
Under the "Youth Employment+" project, financed under the "Human Resources Development" Program 2021-2027, support can be given to young people involved in the "New Opportunity for Youth Employment" project, financed under the "Human Resources Development" Operational Program 2014- 2020, who have not reached the maximum duration of employment foreseen according to the concluded employment contracts. Funding under the current project for them will only cover the remaining period until the maximum support period is reached, if this period is at least three months or more. For the remaining period, employers must apply for inclusion in the "Youth Employment+" project with an up-to-date application. Employment contracts already concluded with persons employed under the "New Opportunity for Youth Employment" project must not be terminated.
"Youth Employment+" will provide support to inactive or unemployed youth through:
The total financial assistance under the Project is BGN 188 million. It is expected to involve 15,200 inactive or unemployed youth, of which 9,120 will remain employed by the same employer after the completion of the operation. The project will be implemented until 31.12.2027.
You will find additional information about employers and inactive or unemployed persons in the labor offices throughout the country, as well as on the official website of the Employment Agency under the banner "Human Resources Development" Program 2021-2027.
19.10.2023
IT IS EASIER TO FINANCE OWN BUSINESS FOR PEOPLE WITH DISABILITIES
The Ministry of Labor and Social Policy proposes a change in the Methodology for financing projects for self-employed people with disabilities.
The Executive Director of the Agency for People with Disabilities approves programs and projects for the initiation and development of independent business activities for people with disabilities, together with a methodology for financing the planned activities. The methodology regulates the application conditions, required documents and specific application requirements.
This targeted program is implemented annually by providing funds from the state budget and in many cases is practically the only alternative for people with disabilities to participate in the labor market. The goal is to promote opportunities for self-employment, entrepreneurship and starting an independent business by people with disabilities. In this way, prerequisites are created for their reintegration into society, to improve their socio-economic status with a view to leading a fulfilling life and sustainable socialization, the Ministry of Labor and Social Policy explains.
According to the department's analysis, problems have been identified preventing the achievement of the expected results of the implementation of the program, resp. dissuading potential candidates - individuals with disabilities from applying.
In this regard, a Draft Order for amending and supplementing the Methodology for financing projects for the initiation and development of independent business activities of disabled people has been developed, together with a new model of the Application Form - Appendix No. 1, an integral part of the methodology.
The changes envisage increasing the subsidy under the program from BGN 20,000 to BGN 30,000 as a stimulating incentive mechanism for persons from the target group.
The application conditions are eased by dropping some formal requirements, such as canceling the requirement that the funding applicant prove management experience for similar activities, in order to stimulate the application of more persons inactive on the labor market, as well as changes in the subsidy payment tranches on the individual components of the program. Advance payments for project investment costs are expected to increase from 30% to 50%. This will provide applicants with more funds to purchase equipment.
The term of the post-investment activities is reduced from 36 months to 24 months in order for future entrepreneurs to have the opportunity to benefit from other targeted programs as regular employers.
The relevant application forms are also specified in relation to the envisaged amendments.
Individuals with permanent disabilities, with 50 and more than 50% determined reduced working capacity, who do not have an established sole proprietorship, regardless of whether it is active or inactive, and who do not participate as partners in other commercial companies, are entitled to support under the Program.
In the last three years, 59 projects of individuals with permanent disabilities - owners of sole proprietorships - have been financed. They have started their own businesses in activities such as the production and sale of handicraft goods; beauty studios; taxi services; car painting services; investment design of buildings and facilities and implementation of copyright control; food establishments; roadside assistance; engraving and sublimation; development and maintenance of web applications and software; interior design studio and others.
When realizing the independent economic activity, a large part of the beneficiaries of the Program have provided employment to other persons as well.
Funds are granted to cover only investment costs, such as the establishment of a new enterprise, construction and repair works, equipment of the disclosed workplaces, one of which is mandatory for the owner of the enterprise, start-up minimum working capital, short-term training course for the owner of the enterprise.
18.10.2023
HOLIDAY PAY FOR A PART-TIME WORKING DAY
For the duration of the paid annual leave, the employer pays the worker or employee remuneration, which is calculated from the average daily gross labor remuneration charged to the same employer for the last calendar month preceding the use of the leave, during which the worker or employee worked at least 10 working days.
However, what happens when the worker or employee does not work full-time (8 hours), but performs part-time or less? Is there a change in the calculation of the amount of vacation days and the corresponding pay?
First of all, let's note that according to the law, the worker and the employee who works part of the statutory working time (part-time) has the right to paid annual leave in proportion to the time that is recognized as work experience. The length of service, on the other hand, is calculated in days, months and years.
For even greater specificity, the law states that one day of work experience is recognized as the time during which the worker or employee worked at least half of the legally established working hours for the day in one or more employment relationships.
This means that when the person is appointed at eight, seven, six five and four, they are entitled to the full 20 working days of paid annual leave.
For employees who work less with working hours of less than four hours, the amount of leave is determined proportionally as follows for employees:
- at 8 hours - 20 working days off;
- at 7 hours - 20 working days off;
- at 6 hours - 20 working days of leave;
- at 5 hours - 20 working days of leave;
- at 4 hours - 20 working days off;
- at 3 hours - 8 working days of leave (rounded from 7.5);
- at 2 hours - 5 working days off;
- per 1 hour - 3 working days (rounded from 2.5).
The gross remuneration for determining the benefits for paid annual leave is the gross remuneration received by the worker or employee for the month preceding the month in which the basis for the relevant benefit arose, or the last monthly gross remuneration received by the worker or employee, unless otherwise is provided.
The gross remuneration for determining the remuneration for paid annual leave shall include:
Reference:
Art. 177, Art. 222, paragraph 3, art. 228, para. 1, Art. 355, para. 1 and 2 of the Labor Code
Art. 17, para. 1 of the Ordinance on the structure and organization of the salary
18.10.2023
RESEARCH HAS HIGHLIGHTED WHICH ARE THE CRITICAL SECTORS FOR WORKERS
Poor work quality, including high emotional demands, high-speed work, and short deadlines, are widespread among several of the sectors and occupations considered essential, key, or critical during the COVID-19 pandemic.
Particularly in the case of health workers and those working in the care sector. Half of them had busy jobs – meaning their work put their health and well-being at particular risk. The strain these workers face on a daily basis calls into question Europe's ability to respond to future crises, says new Eurofound research, Quality of Essential Workers' Jobs in the context of the COVID-19 Pandemic.
It analyzes working conditions in certain sectors that have kept societies functioning in Europe during the COVID-19 pandemic. These workers maintained access to health care, long-term care, and other essential goods and services, including food, water, electricity, Internet, and waste treatment.
The study identified 11 critical groups of workers based on data from Eurofound's 2021 European Working Conditions Telephone Survey (EWCTS): health and education workers, office workers, cleaners and waste workers, food workers, managers and legislators, manual workers, ICT workers, scientists and engineers, defense workers and transport workers.
According to this definition, 45% of EU workers in 2021 can be considered critical, as are at least one third of the total workforce in each member state. In Denmark and Luxembourg, over half of the workforce can be considered critical workers.
Each group faces specific challenges to the quality of work and professional life during the COVID-19 pandemic. For example, cleaners and garbage collection workers have significantly poor job quality, with many having jobs combining high levels of physical demands and risks with a high degree of uncertainty. The group also stands out as having poor support from colleagues and managers, poor access to training and very limited opportunities for career development.
In addition, half of these employees were struggling to make ends meet, and many had no formal representation in the workplace.
Several critical sectors are currently suffering from labor shortages, notably hospitals and healthcare, education, food and beverage production, industrial cleaning and local and regional government. Improving working conditions and bringing pay in line with the value of these jobs to society is paramount to solving this problem. Policies and practices in these sectors should also aim to develop sustainable work practices, including supporting and developing workers' skills, promoting work-life balance and ensuring public investment in working conditions.
On the occasion of the report's publication, Eurofound's Working Life Research Manager Jorge Cabrita highlighted the importance of improving the quality of work of essential workers.
"A few years ago, people in Europe applauded frontline workers, but if we are serious about recognizing the value of these workers, the focus must be on improving the quality of jobs and developing sustainable practices, including fair pay. This is important not only for the officials in question, but also for Europe's resilience in the coming crises," he said.
17.10.2023
HOW E-PRESCRIPTIONS WILL BE WRITTEN
An explanatory meeting on the introduction of electronic prescriptions was held at the Ministry of Health. During the meeting, the changes that came into effect on October 16 with the amendment and addition of Ordinance No. 4 of 2009 on the terms and conditions for prescribing and dispensing medicinal products were discussed.
In the new texts of the Ordinance, it is stated that medicinal products for the treatment of diabetes (Anatomical therapeutic group A10) and antibacterial medicinal products for systemic use (Anatomical therapeutic group J01) will be prescribed only with an electronic prescription.
"We understand that any innovation is a challenge, but here the objectives of the ministry are clear. Dispensing these two groups of medicines only with an e-prescription will guarantee transparency over the entire process, control over the frequency and improper use without a doctor's prescription, as well as effective tracking of stocks, so that the needs of Bulgarian citizens are ensured in the first place, pointed out the Deputy Minister of Health Prof. Ilko Getov. "If we manage to reduce the use of over-the-counter antibiotics, even by just 5%, that will be a success," added Prof. Getov.
Issuance of an electronic prescription does not cancel a visit to a doctor, as the prescription of medication is carried out after a physical examination. In order to issue an e-prescription, the medical specialist needs to have a computer, a mobile device, an Internet connection and specialized medical software, such are the requirements when working with the National Health Insurance Fund. Crucially, the National Health Information System supports an "offline" mode of operation in which, in the absence of Internet connectivity, events are saved and re-sent when connectivity is restored.
In order to avoid difficulties and facilitate the medical professionals, "Information Service" developed and implemented a free and accessible application - eRx, functioning on mobile phones operating with Andorid and IOS. The developed eRx mobile application is completely free for these devices and is intended to issue electronic prescriptions in situations where the doctor does not have access to a computer with medical software.
A live demonstration of how to work with the application was also made before the representatives of the social organizations, thanks to which an electronic prescription can be issued during home visits or other emergency situations, outside the doctor's office.
The mobile application has functionality for prescribing medicinal products even in offline mode (in the absence of Internet connectivity), and when connectivity is restored, the prescribed prescription is sent to the National Health Information System.
16.10.2023
ARE WOMEN APPOINTED TO MANAGEMENT POSITIONS IN OUR COUNTRY?
One of the signs of a democratic society is whether there is equality between the sexes. The UN has been working in this direction for years, and the Council of Europe even recommended that the share of women in decision-making bodies should be no less than 40%. Bulgaria also promised to work to overcome gender inequality, with a deadline of 2030.
For the first time, the National Statistical Institute collects data on senior and middle-level management positions in all institutions. In the legislative, executive and judicial authorities, as well as in other structures outside them - such as higher education institutions, scientific organizations, public media, public enterprises. The number of positions does not match that of natural persons, as sometimes one person combines several positions.
Out of 22,000 management positions in our country, there are more men - over 63%. The working environment is "most masculine" in public enterprises. The largest number of women are in the judiciary, and true parity between the sexes exists in territorial administrations, scientific organizations and public media.
There are at least 750 people's representatives, chairmen, and vice-chairmen in leadership positions in the legislature. Three quarters are men and one quarter are women. This includes positions in the National Assembly and its administration, as well as in temporary and permanent committees. They are elected from the composition of the National Assembly in order to support its activities and exercise parliamentary control. As a member state of the European Union, Bulgarian MEPs are part of the legislative power.
In the parliament, the gap between men and women is the biggest. Out of 240 deputies, women make up about one fifth. There are so many in the parliamentary committees. And the ratio of men to women in the European Parliament, where 17 people's representatives work, is 12 to 5. This ranks us in 22nd place among the member states, with Sweden and Finland first, whose MEPs are 57% female.
The executive branch abounds in managerial positions. Of nearly 16,000, however, only 5,600 of them are employed by women. We divide the executive power into central and territorial. There are more women in the central office, and the positions they hold are mostly deputy managers, not managers. There are the most women in high positions in the executive agencies, and the least in the ministries. Currently, there are only 4 ministerial seats occupied by women.
Out of over 3,700 mayors in the country - be it municipalities, districts or town halls, the percentage ratio between men and women is about 70 to 30. The same is true of municipal councilors, whose number is approximately 5,100. Blagoevgrad has the most male mayors and municipal councilors, and the majority are women occupying these positions in Gabrovo and Vratsa.
The judiciary can be defined as a woman's kingdom. More than half of the management positions in the system are held by women. Be it in the Supreme Judicial Council, the courts or the prosecutor's office. Of the 1,868 judges last year, for example, two-thirds were women. District courts have the largest number of judges. The highest chance of meeting a female judge is in the Administrative Court - 78%, and the lowest - in the Military Court.
Independent structures include higher schools and learned organizations, state structures, which also include public media and public enterprises. In all of them, the division between the two sexes in management is the most balanced of all the positions listed so far. The only exception is public enterprises, where male managers dominate significantly - with over 72%.
Taking a look at management positions that are not part of state management, we will look for the profile of the working Bulgarian man and, respectively, Bulgarian woman, of active age in a high position.
Among men, the most common position is director, the greatest advantage over women is taken between the ages of 30 and 39. Their share is the largest in construction - 82% of management positions there are held by men, and the populated place where they dominate is Kardzhali.
Women are most often managers, although they share this position equally with the other sex. Between the ages of 20 and 29, there is the largest percentage of engaged ladies, who work mainly in health care and social work - 75% of this field is led by women, and the city most strongly colored in pink turns out to be Pernik.
13.10.2023
ANTIBIOTICS AND DIABETES MEDICINES - ONLY WITH E-PRESCRIPTIONS FROM MONDAY
From October 16, 2023, diabetes drugs and antibiotics will be prescribed by doctors only electronically. The amendments to the Ordinance on the terms and conditions for prescribing and dispensing medicinal products have been published in the "State Gazette" and will enter into force from Monday next week.
The reasons for the changes are to prevent the shortage of medicinal products and to deal with antimicrobial resistance, as well as to achieve the rational use of medicines, stated the Minister of Health's reasons for the proposed draft of changes.
Another reason for the regulatory changes is the Ministry of Health's policy of introducing electronic health care, the strategic goal of which is to improve public health, ensure access to medicines, increase the efficiency and reduce the costs of health services.
The change also aims to prevent unregulated practices that would lead to shortages or shortages of medicinal products, which would endanger the lives and health of patients in need.
12.10.2023
WHAT ARE THE MOST COMMON WORKPLACE VIOLATIONS?
The control bodies of the Executive Agency "General Labor Inspectorate" (GLI) carried out 35,956 inspections for the nine months of the year. 30,757 enterprises with more than 1,200,000 employees were checked.
The total number of detected violations of the labor legislation is 175,850, the GLI reports. There were 85,781 violations related to the provisions for the implementation of labor relations, and 89,252 violations related to the provision of health and safety at work.
The focus of the Agency's control remains the industries and activities for which the analyzes indicate that they are high-risk for the use of undeclared labor and for the provision of healthy and safe working conditions. These are construction, agriculture, hospitality, catering and trade.
During the inspections, 2,737 people were found working without an employment contract. The data show that the detection of this violation is increasing compared to the same period last year, when there were 2,464 cases of work without an employment contract. Working without an employment contract is not an insignificant violation, with a minimum penalty of BGN 1,500. Employers lose the right to participate in public procurement within three years.
During the period, the trend observed since the beginning of the year of growth in the issued work permits for minors was maintained. 13,210 were issued, which is 23% more compared to the same period last year, when there were 10,704, GLI also reported.
There has been an increase in the number of cases in which labor inspectors have stopped sites, sites, machines and equipment. They applied this measure in 371 cases, in contrast to last year, when it was used 173 times in the same period. It has a preventive nature and is applied to eliminate violations that create a direct danger to the life and health of workers and are a prerequisite for serious occupational accidents. With every act of stopping, a life can be saved.
There were 7,833 acts for the establishment of administrative violations drawn up for the above-mentioned period. The amount of criminal decrees and approved agreements that entered into force is over BGN 10.8 million.
The established delayed remunerations amount to over BGN 7.5 million. After the intervention of the Labor Inspectorate, over BGN 5 million have been paid.
A month ago, GLI announced that they were starting intensified checks aimed at guaranteeing the payment of wages to workers. The focus of the campaign is on employers who, in previous inspections, have been found to be delaying the payment of wages.
12.10.2023
SUCCESS TECHNIQUES
THREE DAILY RITUALS FOR BETTER CONCENTRATION AND PRODUCTIVITY
Effective time management is a difficult task for many entrepreneurs. It's easy to get caught up in big projects and neglect other tasks or making time for yourself. Here are a few things company founders and experts advise you to do to improve your focus and productivity:
Plan breaks throughout the day
One productivity mistake many of us make is working long hours and neglecting to take frequent breaks.
“Our bodies send us clear signals when we need rest, including nervousness, hunger, sleepiness and loss of focus. But we mostly ignore them. Instead, we find artificial ways to fuel ourselves: caffeine, foods high in sugar and simple carbohydrates, and our body's own stress hormones," writes Harvard Business Review Tony Schwartz, CEO of The Energy Project and author of "The Way We're Working Isn't Working".
To achieve high performance, according to Schwartz, you need to work the way sprinters in track and field train. This means working with full focus and intensity during the morning hours, for 90-minute "sprints" (but no more) before taking a break. In other words, focus solely on the most challenging and important task for 90 minutes at a time, then give your brain a break and let it recharge. That way, you'll be able to work more efficiently when you return to your desk.
Plan your to-do list items
It's important to take some time in the morning to plan what you need to do for the day. Cal Newport, a professor of computer science at Georgetown University and author of Deep Work: Rules for Focused Success in a Distracted World, says that planning items on your to-do list can help you be more realistic about what you can achieve. Otherwise, it's just a wish list, not goals you can actually achieve.
“The schedule forces you to face the reality of how much time you actually have and how long things will take. Now, when you look at the whole picture, you can get something productive out of every spare hour you have in your workday,” adds Newport.
Turn off notifications
Managing too many notifications can be overwhelming and distract you from important tasks. Instead of wasting time trying to empty your inbox, focus your attention on one or two pressing issues each day and set aside continuous time to strategically concentrate on them.
To avoid interruptions from email, text messages, and social media notifications, consider turning off these notifications during work hours you've allocated to the important task. This will help you stay in the zone and achieve more.
According to a study conducted by Dscout, the average person touches their phone 2,617 times a day. Turning off notifications is a proven way to minimize distractions and be more productive.
