26.10.2022
AN EMPLOYER MUST GIVE NOTICE IF HE LAYS OFF MORE THAN 10 PEOPLE
In the current Labor Code (LC) there is a special norm entitled "Right to information and consultations in cases of mass dismissal". It is dedicated to the cases in which a special procedure must be carried out before larger dismissals are carried out.
Thus, it is explicitly stated that if the employer intends to undertake mass dismissals, he is obliged to start consultations with the representatives of the trade union organizations and the representatives of the workers and employees "in due time, but not later than 45 days before their execution". CT also states that he is also obliged to "make efforts to reach an agreement with them in order to avoid or limit mass dismissals and to mitigate their consequences".
The Code also defines what it means by "mass redundancies". These are dismissals on one or more grounds, carried out at the discretion of the employer and for reasons unrelated to the specific worker or employee, when the number of dismissals is at least 10 in enterprises where the list of employees in the month preceding the mass dismissal is more than 20 and less than 100 workers and employees for a period of 30 days. The specific case also falls into this hypothesis, which means that the procedure develops if more than 10 people are fired at the same time.
Such are the cases when the dismissed are "at least 10 percent of the number of workers and employees in enterprises where the list of employees in the month preceding the mass dismissal is at least 100, but not more than 300 workers and employees ". The same applies when the dismissed are at least 30 in enterprises where the list of employees in the month preceding the mass dismissal is at least 300 or more workers and employees for a period of 30 days.
The order and manner of conducting consultations in case of mass dismissal are determined by the employer, the representatives of the trade union organizations and the representatives of the workers and employees. It is expressly stated that regardless of whether the employer or another legal entity made the decision that led to mass dismissals, the employer is obliged to provide written information to the trade union organizations and the representatives of the workers and employees before the start of the consultations. This information must contain the reasons for the planned redundancies, as well as the number of employees who will be made redundant and the main economic activities, occupational groups and positions to which they relate. The number of employed workers and employees from the main economic activities, groups of professions and positions in the enterprise, the specific indicators for applying the criteria for the selection of the workers and employees who will be dismissed, the period during which the dismissals will take place, and the benefits due are indicated , related to layoffs.
After providing this information within three working days, the employer is obliged to send a copy of it to the relevant division of the Employment Agency. In the event of non-fulfillment of the employer's obligation, trade unions and employee representatives have the right to notify the Executive Agency "Main Labor Inspectorate" of non-compliance with labor legislation.
The intended mass dismissals are carried out no earlier than 30 days after notifying the Employment Agency, regardless of the notice period.
25.10.2022
THE EXPENSES OF ONE FAMILY IN ROMANIA HAVE INCREASED BY 20%
The value of the minimum consumer basket for a family of two adults and two children in Romania in September 2022 was 8,659 lei (3,431 BGN) per month compared to 7,233 lei (2,866 BGN) in September 2021, i.e. 19.7 percent more, indicate data from the "Friedrich Ebert" Foundation Romania and "Sindex" Romania, cited by Agerpress.
According to the report "The minimum monthly consumer basket for a decent life for the population of Romania" the value of the basket for a family of two adults and one child is 7112 lei (2818 BGN) per month, for two adults without children - 5322 lei (2110 BGN) per month, and for a single adult - 3275 lei (1298 BGN) per month.
The recalculation of the value of the basket was made on the basis of the price indices announced by the National Statistical Institute for the month of September 2022, compared to September 2021.
The idea of a minimum consumer basket for a decent life includes a set of necessary periodic expenses to cover the needs of a family of a certain structure.
Apart from the immediate needs for survival - such as shelter and food - the minimum basket for a decent life also covers a series of comprehensive current needs such as clothing, personal hygiene, education, health care, transport, communication, recreation, as well as some unforeseen expenses such as family events, health problems and others, indicate the "Friedrich Ebert" Foundation Romania and "Sindex" Romania.
"The increase in the total value of the consumer basket is determined by the significant increase in spending on the following heads: Food (+18.8 percent), Clothing and shoes (+20.9 percent), Housing (+31.2 percent), Expenditure on housing (+34.0 percent)," the report noted.
The data also show that spending on household and hygiene products increased by 6.7 percent, on education and culture - by 8.4 percent, and on health care - by 9.1 percent.
24.10.2022
EUROSTAT: ANNUAL INFLATION IN BULGARIA WITH GROWTH UP TO 15.6% IN SEPTEMBER
Annual inflation in the European Union, as measured by the Harmonized Index of Consumer Prices, accelerated in September to 10.9 percent from 10.1 percent in August. A year earlier - in September 2021 - inflation in the Union was at a level of 3.6 percent.
At the same time, inflation in the Eurozone in September reached 9.9 percent compared to the same month in 2021, when it was only 3.4 percent. In August, the annual change in consumer prices in the monetary union amounted to 9.1 percent. This is shown by the latest data of the European statistical agency Eurostat, published on its website.
In September, compared to August, the growth rates of consumer prices in both the EU and the Eurozone registered an increase of 1.2 percent.
In Bulgaria, the annual inflation according to the Harmonized Index of Consumer Prices rose to 15.6 percent in September, which is 0.6 percentage points more than the August values of the indicator. In September 2021, again on an annualized basis, native consumer price inflation was at 4 percent.
In September compared to August, Bulgarian inflation increased by 0.7 percent.
On October 17, the National Statistical Institute reported that the annual inflation in our country in September reached 18.7 percent.
The lowest annual rates of price growth were recorded in France (6.2 per cent), Malta (7.4 per cent) and Finland (8.4 per cent). At the other end of the scale, with the highest annual levels of the indicator are Estonia (24.1 percent), Lithuania (22.5 percent) and Latvia (22 percent). Compared to August, annual inflation in September fell in six member states, maintained its level in one, and increased in twenty.
In September, energy prices (+4.19 percentage points), followed by those of food, alcohol and tobacco (+2.47 pp), services (+1, 80 pp) and non-energy industrial goods (+1.47 points).
24.10.2022
UNDER WHAT CONDITIONS CAN WE RECEIVE "BONUSES" TO THE SALARY?
First of all, let's clarify that the salary is a monetary remuneration of the employee from the employer for work and work already performed. The salary is agreed upon between the employee and the employer when entering into an employment relationship, that is, when entering a job and concluding an employment contract. The employment contract also stipulates the periodicity of salary payment, which is most often at the beginning or end of each current month.
The salary is the basic remuneration for the worker, and to it can be added other, additional incentives for the worker such as bonuses in the form of vouchers for food and other purchases, private health insurance, in addition to the mandatory health insurance paid by the employer, and others.
Additional material incentive (АMI) in the form of one-time remuneration, monthly, quarterly and/or annual bonuses is part of the gross salary of the worker or employee and represents an additional remuneration (so-called "bonus") beyond the basic salary.
In the internal rules for the organization of the company's salary, the amounts and the method of distribution of the additional material incentive to the workers or employees should be determined. Funds for additional material incentives can be paid monthly, quarterly, annually or for another calendar period and in most cases are distributed among individual employees in proportion to the time worked during the year.
In the internal rules for the organization of the salary, there are often also scenarios in which the worker or employee does not receive or receives an additional material incentive in a reduced amount, when he did not observe the labor discipline.
It should be borne in mind that the determination of workers or employees who are entitled to additional material incentives is related to the individual judgment of the employer.
In cases where bonuses are paid monthly, the amount being different depending on the achieved labor results, they represent remunerations above the basic salary, determined according to the applied labor remuneration systems, i.e. they are included in the gross labor remuneration to determine the remuneration for paid annual leave or benefits under some of the articles in the Labor Code.
21.10.2022
EUROSTAT REPORTS A DECLINE IN YOUTH UNEMPLOYMENT FOR 2021
The youth unemployment rate (people aged 15 to 29) in the EU has fallen to 13 percent in 2021, down from 13.3 percent in 2020, Eurostat reports.
The Covid crisis and related measures have disproportionately affected young people in terms of unemployment, most notably in 2020 when the youth unemployment rate rose by 1.4 percentage points and the overall unemployment rate by 0.4 percentage points point. In 2021, however, youth unemployment fell slightly more (-0.3 percentage points from 2020) than the general unemployment rate (-0.1 percentage points from 7.1 to 7 percent in 2021).
Excluding the regions for which the data is for 2019 (mostly in Germany), the lowest unemployment rate in 2021 was recorded in the eastern regions of the EU: four regions in the Czech Republic, including the South West, which has the low registered unemployment among Nomenclature of Territorial Units for Statistics (NUTS) level 2 regions - 3.7 per cent, three regions in Hungary (including Budapest Metropolitan Region - 4.8 per cent) and Greater Poland Voivodeship in Poland (4 per cent).
The highest unemployment rate was recorded in Southern Europe. In 23 regions, 30 percent or more of the workforce aged 15 to 29 were unemployed. At the top of the ranking are six peripheral or remote regions with over 40 percent youth unemployment: Ciudad Autónoma de Ceuta (56 percent), Ciudad Autónoma de Melilla (41.9 percent) - both in Spain, Greek Eastern Macedonia and Thrace (45.1 percent) and Western Macedonia (42.3 percent), Mayotte (43 percent) in France and Sicily (40.1 percent) in Italy.
The youth unemployment rate (13 per cent) was almost double the overall unemployment rate (7 per cent) in 2021 and higher than the overall unemployment rate (for people aged 15-74) in each of the 192 Level 2 regions of the Nomenclature of Territorial Units for Statistical Purposes for which data are available.
In nearly half (46.4 percent) of these 192 regions, the youth unemployment rate was at least twice as high as the overall unemployment rate. The highest ratio between these two indicators is registered in Vest, Romania, where youth unemployment is 3.5 times higher than general unemployment. A relatively high ratio (2.8 or 2.9 times higher) was reported in Basilicata and Molise in southern Italy and the province of Flemish Brabant in Belgium.
Regarding the level of total unemployment in the regions of level 2 of the Nomenclature of Territorial Units for Statistical Purposes in 2021, the highest level was reported in the southern and outermost regions of the EU. Regional unemployment at a level of at least 14.5 percent was recorded in nine out of 13 regions of Greece (the exceptions being the metropolitan region of Attica, the Peloponnese, the Ionian Islands and the North Aegean), eight regions in Spain, four remote regions of France and four regions from southern Italy.
The lowest level was recorded in Central Moravia and Prague in the Czech Republic, Central Transdanubia and Western Transdanubia in Hungary, Warsaw Metropolitan, Wielkopolska and Pomeranian Voivodeship in Poland - all with unemployment rates in the range of 2.1 to 2.3 percent.
21.10.2022
EXPERTS: POVERTY IS A KEY FACTOR KEEPING YOUNG PEOPLE OUT OF THE LABOR MARKET
Poverty plays a key role in keeping young people in Bulgaria out of the labor market and education, writes an analysis by the Institute for Market Economy. The report of the Institute for Market Economy aims to build the profile of young people in Bulgaria who are neither working nor studying (NEETs).
Unsurprisingly, inactive youth themselves are low-income, but the majority of them live in poor households, creating significant barriers to their activation. The observation is similar in the income distribution - while the working or studying youth follow the income structure of the population as a whole, the inactive ones are close to and below the poverty line.
Bulgaria is among the five countries with the highest share of NEETs in the European Union, which is why there is apparently a need to refocus policies towards them, according to the Institute for Market Economy.
The most important factor that separates active from inactive youth is education – among NEETs there is a much higher proportion of those with primary and lower education, which blocks their access to the labor market.
As the trend is towards increasing the demand for highly educated specialists even for many of the jobs in agriculture and the low segments of industry, we can claim that the realization of the labor market of people with low education will become more and more difficult, it is written in the report.
The Roma are overrepresented among the inactive youth, as among the youth of Bulgarian-Turkish origin there is a much larger share of secondary and higher education graduates. This means that solving the problem of inactive youth is related to the integration of the Roma, experts point out.
The analysis does not establish a great dependence between the state of health and non-participation in education, training and employment among Bulgarian youth - differences are present, but they are not significant. However, there are regional imbalances, with the inactive youth having a significantly larger share in the South-Central and South-East regions of the country.
The data show that housework and childcare are a brake on women's active participation in the labor market. Although a direct relationship between motherhood, care and retention outside the labor market cannot be established, inactive women live in households with significantly more children, and in general more people, which leads to the conclusion that for a significant part of them work in the home is the determining factor for inactivity, the report says.
Currently, most of the efforts to activate inactive youth fall on the Ministry of Labor and Social Policy, and in particular the Employment Agency. Part of the problems that keep young people inactive, however, are rather the competences of institutions that deal with health and education policies, or other types of social care. Therefore, closer cooperation between institutions is needed, including through data exchange and profiling of the individual needs of unemployed youth, the Institute for Market Economy recommends.
A significant proportion of inactive youth have dropped out of school after the primary and lower secondary phases, which blocks their access to higher education and limits their access to most segments of the labor market. Accordingly, placing additional emphasis on retention in school can be seen as a de facto prevention of inactivity later in life. Before the Covid-19 pandemic, measures were taken in this direction, but after the normalization of education, they should be restored and even strengthened, the report says.
The integration of inactive women needs specific measures. The importance of women's role in the family environment and childcare means that an appropriate solution for a significant number of them would be a wider advocacy of remote or part-time work. Of particular importance in some parts of the country, and especially in the capital, is access to childcare - kindergartens and nurseries, experts report.
21.10.2022
HOW IS WORK EXPERIENCE FROM ANOTHER COUNTRY RECOGNIZED?
According to the Labor Code, work experience is also the time during which the civil service or work under employment law was performed according to the legislation of another member state of the European Union, in another state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as and the time of holding a position in an institution of the European Union, certified by an act of establishment and termination of the legal relationship.
The work experience of persons acquired in another member state of the European Union, in another state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as well as the time of holding a position in an institution of the European Union is recognized by the employer, at which the person works under an employment relationship.
The persons submit an application to the employer, to which they attach an act of creation and termination of the legal relationship and/or documents issued by the employer and/or by the competent institution according to the legislation of the relevant country, for the circumstances or for some of them, which give grounds for recognition of work experience. The documents, depending on the country of origin, must be drawn up in accordance with the provisions of the bilateral or multilateral international treaties to which the Republic of Bulgaria is a party, or of another law in force in Bulgaria (the Rules for legalizations, certifications and translations of documents and other papers) .
Based on the documents provided, if they give grounds for assuming that the legal conditions of the Labor Code are present, the employer takes the necessary actions to ensure the enjoyment of rights under the employment relationship, resulting from the existence and length of the work experience. The submitted documents are returned to the person, as a copy of them or their inventory is kept in the employment file.
If the country does not fall under the aforementioned hypotheses of the Labor Code, you should check whether Bulgaria has a contract or an agreement with the respective country where you worked. For example, Bulgaria has many concluded social security agreements with Russia, Canada, Tunisia, Israel, Korea, Moldova, Ukraine, as well as with a number of other countries. Unfortunately, no such agreement has yet been concluded with the USA, where there is an extremely large number of working compatriots.
Reference:
Art. 351, para. 2, Art. 352, para. 2, Art. 353 and Art. 354, para. 2 of the Labor Code
Art. 13 of the Ordinance on the work record and work experience
The regulations for legalizations, certifications and translations of documents and other papers
Decree No. 184 of the Council of Ministers of 1958
20.10.2022
UNDER WHAT CONDITIONS IS THE TEACHERS' PENSION FUND USED?
Due to the specific nature of their work, teachers acquire the right to early retirement at a lower age and a shorter insurance period. They are additionally insured for old age with a separate insurance contribution and in the Teachers' Pension Fund, and the amount of the insurance contribution is entirely at the expense of the insurer.
The funds from the fund are used to pay pensions and supplements for teaching experience. What are the specifics regarding the teacher's internship and what are the mechanisms of action of the Teacher's Pension Fund?
Teaching experience is the insurance experience spent on a teaching or educational position in educational and educational institutions. The insurance experience of principals and deputy principals of educational and educational institutions is also considered to be teaching experience, if they have completed the full norm of mandatory teaching work.
Teaching experience is also the insurance experience of persons occupying positions according to a list approved by the Minister of Education and Science, agreed with the head of the National Social Security Institute, if they meet the requirements for occupying the position of "teacher" or "educator", according to the acquired education, professional qualification and legal capacity, and have fulfilled the full norm for compulsory teaching work.
The positions that are included in this list are comprehensively listed in the Ordinance on pensions and insurance service and include positions such as assistant director with teaching employment, head of the educational computing office, pedagogical advisor, teacher, educator, etc.
The social security experience completed after January 1, 2007 in the position of "educator" in homes for children deprived of parental care, and the social security experience completed after January 1, 2008 in the position of "educator" in the other specialized institutions for the provision of social services for children or in other places for the provision of social services in the community, as well as the insurance experience completed after January 1, 2009 in the position of "teacher" or "educator" in homes for medical and social care for children and in nurseries.
The annual budget of the Teachers' Pension Fund is adopted by the law on the state social insurance budget for the relevant year as an annex thereto and is not included in the consolidated budget of the state social insurance. In the event that the law on the state social security budget for the relevant year is not adopted by the National Assembly by the beginning of the budget year, the income of the Teachers' Pension Fund is collected and the expenses are carried out in accordance with the current regulations.
Funds raised in the Teachers' Pension Fund are used to pay pensions and supplements. The primary administrator of the funds of the Teachers' Pension Fund is the manager of the National Social Security Institute, and secondary administrators are the heads of the territorial divisions of the National Social Security Institute. The administrative, technical, accounting, legal and information services of the Teachers' Pension Fund are carried out by the National Social Security Institute.
Reference:
Art. 19, para. 1 and 3 of the Ordinance on pensions and insurance service
Art. 6, para. 7 of the Social Security Code
Art. 20a. from the Social Security Code
19.10.2022
EMPLOYMENT CONTRACT AFTER SELECTION
The election is applied primarily in state bodies - representative or executive (for example - election of a mayor). On the basis of election, a position can also be held in state institutions - rector, dean, etc. The election can be a basis for holding a position in a non-profit legal entity, a political party or a public organization. The election can also be provided for in the Articles of Association of a commercial company (e.g. election of the Chairman of the Management Board).
A choice does not always create an employment relationship. At first, it was related to holding a representative position (Chairman of the Student Council). The selection creates an individual employment relationship when the position is full-time - provided for in the staff schedule of the relevant enterprise and paid - a salary is paid. As a basis for the emergence of an individual employment relationship, the selection establishes certain professional requirements for the candidate (these requirements depend on the position). The candidate must also meet certain personal requirements, for example - age (also depend on the position). Thirdly, the selected person must give his prior written consent to be selected. Selection is also made when only one person applies for the position.
An election is made to fill a position that is vacant or about to be vacated, as well as in the case of a prolonged absence of the person occupying it. The term for which the person is elected is no longer than 5 years.
The election is made by an electoral body established by law, in an act of the Council of Ministers or in a statute. An election is produced when more than half of the persons entitled to vote are present, and the vote is public unless the electing body decides to be secret. Each position is voted for separately, and the candidate who received the most votes, but not less than half of the votes of those who participated in the voting, is considered elected.
It is established in the law that the employment relationship arises from the announcement of the candidate as elected. The selected person is obliged to start work within 2 weeks of receiving the message about the result of the selection.
When the election has ended without any of the candidates being elected, the employment relationship with the person occupying the position for which the election is being held continues until the successful completion of the next election. The employment relationship with the selected person, who did not start work, is considered not to have arisen.
Reference:
Art. 1, para. 2, Art. 84, Art. 85, Art. 86, Art. 87 of the Labor Code
18.10.2022
COMPENSATION FOR LOOKING AFTER A SICK FAMILY MEMBER
One of the needs provided by the legislation is to increase the possibilities of adapting the working regime to the individual needs of the worker or employee arising from his family and personal obligations.
One of these needs is often the cases in which it is necessary to take care of a sick family member or, as the pandemic situation in the country of the last two years has forced - looking after a child under quarantine until her term expires, as well as other similar situations. related to caring for a family member for health reasons.
In which specific cases, related to caring for a sick family member, is compensation paid?
The law states that monetary compensation under the conditions and in the amount of monetary compensation for temporary incapacity due to a general illness is also paid for looking after or urgently accompanying for medical examination, research or treatment in the country or abroad a sick family member over 18- age - to each insured up to 10 calendar days in one calendar year.
Compensation is also paid for caregiving or necessary accompaniment for medical examination, examination or treatment in the country or abroad of a sick child up to the age of 18 - up to 60 calendar days in one calendar year in total for all insured family members.
Also for looking after a child under quarantine up to 18 years of age, sick with a contagious disease - until the quarantine period expires, for looking after a sick child up to 3 years of age, placed in a hospital care facility together with the insured - for the time , during which the insured was in the establishment. Compensation is also paid for looking after a healthy child up to the age of 12, returned from a children's institution or school, due to quarantine of the institution or the school, or of a separate group or class in it, or due to quarantine of the child - until the expiration of the the quarantine.
It is important to specify that for the same insured event at the same time, monetary compensation can be paid to only one insured family member.
For taking care of a chronically ill family member, cash compensation is paid only in case of exacerbation of the illness, and family members of the insured person are considered to be his ascendants and descendents in a straight line, the husband and the wife.
Monetary compensation is also paid for looking after a child placed with relatives or a foster family.
Reference:
Art. 45 of the Social Security Code
Art. 26 of the Child Protection Act
