May 13, 2022
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9 key amendments to the Labour Code from August 2022
The National Assembly adopted amendments and supplements to the Labour Code
The National Assembly approved amendments to the Labour Code to implement in our national legislation the requirements of Directive 2019/1152/EU of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union and Directive 2019/1158/EU of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.
The amendments were promulgated in the Official Journal on 5th of August 2022, but entered into force retroactively from 1st of August 2022 and mainly concern the following issues:
1. Extending the possibility of a second employment contract.
With the amendment of Article 111 of the Labour Code, employers will be able to include in employment contracts a prohibition of additional work by the employee only under certain conditions. Such a clause may now only be available for reasons of protecting commercial confidentiality and/or preventing conflicts of interest. As a result of this article, employers should be able to provide good reasons for the prohibition of additional work in their employment contracts with their employees.
However, taken into consideration up to this date, the conclusion of a second employment contract with a competitor, even in the absence of an express prohibition agreed between the parties, has been interpreted by case-law as a breach of the duty of loyalty owed by employees to their employer.
2. Transparency in working conditions.
According to the revised text of Article 66(5) of the Labour Code, the employer should have notified the employee of the changes in the employment contract at the latest before the amendment enters into force. Until now, the law allowed such notification to be made at the earliest opportunity and within one month after such changes came into force. /It is understood that this does not apply to changes which must be expressly agreed between the parties.
The purpose of the wording is to make the information known to the employee in an appropriate time to ensure the necessary degree of transparency regarding working conditions.
3. Increased employee awareness of the employment relationship.
The new provisions of Article 127 of the Labour Code create a new obligation for the employer - to inform its employees about the conditions and procedure for termination of employment under the Labour Code.
In view of the above, it is advisable for employers to update their internal documentation in order to comply with this new legal obligation.
4. A new shorter maximum probationary period for fixed-term employment contracts of less than one year.
Art. 70 par. 1 of the Labour Code provides for a new, shorter probationary period for fixed-term employment contracts concluded for a period of less than one year. The maximum duration of the probationary period for such contracts is now one month instead of the previously permissible six months. The revision aims to create a fairer proportionality between the probationary period and the duration of the employment contract.
5. The right of an employee on a fixed-term or part-time contract to propose certain changes to their contract of employment.
The new paragraph 2 of Article 119 stipulates that employees on fixed-term contracts and part-time employees, after the expiry of the probationary period of their employment contract, have the right to unilaterally propose to the employer to change to permanent contracts or to be appointed full-time respectively.
При такива обстоятелства вече работодателят е длъжен, в случай че иска да откаже предложението, да постанови мотивиран отказ. В резултат така редактираната разпоредба липсата на добре мотивиран отказ може да доведе до определени негативни последици за работодателя и дори административни санкции.
6. Информираност за обученията, които се предоставят на служителите. Работното време и задължителните обучения.
Съгласно последните промени работодателят следва да информира служителите си за обучения, който той осигурява и който са свързани с поддържане и повишаване на професионалната квалификация и подобряване на професионалните умения на служителите.
In such circumstances, the employer is now obliged, if it wishes to refuse the offer, to give a reasoned refusal. As a result of the provision thus drafted, the absence of a well-reasoned refusal may lead to certain negative consequences for the employer and even administrative sanctions.
The issue of training which is not legally or contractually compulsory is yet to be resolved.
7. Employees' rights when combining work and family duties.
Employees who are parents /adoptive parents/ of a child up to the age of 8, as well as those who are caring for a parent, child, spouse or other relatives in the direct line of descent due to serious medical reasons may benefit from Article 167b.
Each of these persons has the right to propose that the duration and distribution of his/her working time be modified for a certain period of time, to switch to teleworking and other modifications of the employment relationship to facilitate the reconciliation of work and family obligations.
New recruits may avail themselves of this right once they have completed at least 4 months of service.
These amendments to the employment relationship concerning working time should be agreed to in an explicit written agreement between the parties. Again, the Labour Code regulates the employer's obligation, in case he refuses the offer, to give reasons for his refusal in writing.
8. Two-month paid leave for a father raising a child up to the age of 8.
A father /or adoptive parent/ shall be entitled to two months' leave to raise a child under the age of 8. The right to this leave may be exercised if the father has not taken pregnancy and childbirth leave transferred from the mother/adoptive mother, leave for the upbringing of a child up to the age of 2 or leave for the adoption of a child up to the age of 5, nor has he taken leave in the event of the death or serious illness of a parent or adoptive parent (Art. 163, para. 10, Art. 164, par. 3, Art. 164b, para. 2 and 5 or Art. 167, para. 1 of the Labour Code). Leave may be taken in one lump sum or in instalments.
9. Leave for quarantine of children up to 12 years of age due to quarantine of the educational establishment, class or group.
This is a new option that was regulated by a previous amendment to the Labour Code and the Social Security Code made through the Health Act. They entitle employees to leave of absence in the event of a quarantine imposed on an educational establishment, group or class with respect to children up to the age of 12. Under the CSR, insured persons are entitled to a cash benefit for the period of quarantine.
The team of KGK Law Firm is at your disposal in case you need advice or need assistance regarding the interpretation and application of the amendments to the Labour Code.
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