|The Latest Amendments to Bulgarian Labour Laws|
Changes in NCO – Actions Required
The National Classification of Occupations for 2011 (NCO-2011) entered into force, effective as of 1st January 2011.
250 new professions have been added into NCO-2011, and 130 have been deleted. Logistics manager, manager in advertising, public relations, human resources, software development, networks, and corporate planning, office manager, facility manager are among the new managerial positions.
By 30th June 2011 employers have to adjust their schedule of working positions to NCO-2011 by changing the positions titles and/ or the position codes. The positions listed in NCO-2011 are related to minimum social security thresholds, which are determined annually by the State Social Security Budget Act. As of 1st January 2011 the minimum social security thresholds for some positions were raised.
In addition to the schedule of working positions, employers should also amend the employment agreements and the job descriptions of their employees in accordance with NCO-2011. Further to the instructions of the Ministry of Labour and Social Policy should a change in the position title occur, an annex to the employment agreement should be concluded and a notification under Art. 62 of the Labour Code should be submitted to the respective territorial directorate of the National Revenue Agency (NRA). The annex should be concluded by 30th June 2011.
If there is a change only in the position code, triggering no change in the position title, neither annex to the employment agreement, nor notification under Art. 62 of the Labour Code is required.
Home Based Work – New Possibilities
The Parliament has adopted a Bill amending the Labour Code which regulates the specifics of home based work in Bulgaria (State Gazette, Issue 33 of 26 April 2011), thus implementing Convention No. 177 of the International Labour Organization regarding home based work.
Under the Bill employees can work (manufacture goods or provide services) at home or at another place outside the premises of the employer, using their own or employer’s equipment and materials. Apart from the usual requisites, the employment agreement on home based work has to specify the location of the employee’s working place, the mechanism for assigning and reporting work, the chains for supply of materials and delivery of the work results, the distribution of utility costs for the working place and their reimbursement.
Employees can determine the beginning and the end of work days, the distribution of working hours within the limits set out by law, and the daily and weekly breaks on their own. Employees should inform the employer about the circumstances referred to above within 7 days from the conclusion of the employment agreement.
Work under open-ended working hours and overtime work is prohibited if employees work from home.