BULGARIA: CORONA-HOME OFFICE AND OTHER LABOUR LAW CHANGES

With the official declaration of the emergency situation in Bulgaria on 13.03.2020, many employers in the country have decided, at their own discretion or necessity, to offer their employees telework or work from home. This decision relates to the positions for which such type of work is possible. The State On Emergency Act, which was subsequently adopted by the Bulgarian parliament, contains already the necessary regulations for the unhindered introduction of teleworking.

  1. New rules on teleworking during the emergency state

With effect from 13.03.2020, employers can offer their employees telework or home office unilaterally and depending on the type of work without the consent of the latter. A prerequisite for this is the assessment of whether the employer has the possibility to provide the employee with the necessary equipment for this period. The modalities of the employment relationship, the performance of the work and the control shall be determined by the unilateral decision of the employer. By way of derogation from the detailed regulations of the Labour Code with regard to telework at normal times, the consent of the employees to outsourcing their activities outside the company premises during the emergency situation is no longer required.

Upon transition to a home office, only the workplace shall be changed. All other modalities of the employment relationship may remain unaffected. After all, the employer has the right to unilaterally change the following conditions:

- the remuneration;

- the order of issue and accountability in the performance of tasks;

- the procedures for the supply of materials and the delivery of the finished production;

- the cost of the workplace and its payment;

- other conditions relating to the special requirements for the performance of teleworking;

- issues relating to work, technical and other equipment at the workplace, maintenance obligations and costs;

- other conditions for the supply, replacement and maintenance of equipment;

- clauses relating to the purchase of individual equipment by the employee.

  1. Stopping work and using annual leave

As a result of the difficult situation, an employer may also take the decision to stop the work of the whole company or of only a part of it. The decision allows the employer to stop the work of only individual employees. During this period, he may also choose to offer employees the use of their paid annual leave and employees are obliged to use the offered part of the annual leave. In both cases, employees are entitled to their bread-to-wages for the period of the stopped work or for the period of using the annual leave.

Some categories of employees are also entitled to request use of their paid or unpaid annual leave even during the emergency situation and the employer is obliged to allow the use. This relates to pregnant women, mothers of children under 12 years of age, employees under 18 years of age, disabled employees with more than 50% incapacity for work and others.

The employer also has the option of reducing full working hours by a unilateral decision. In this case, he can calculate salaries proportional to working time.

 

As of March 25, 2020
We would like to point out that the legal situation may change on an ongoing basis, but we make every effort to keep the contents up to date.

Contact person
Cornelia Draganova
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