Labor and Social Security Law
The right to work is a main constitutional right in Bulgaria. Carefully defining and documenting labor relationships and the terms of employment is highly important for both the employee and the employer.
Being the more vulnerable side in the employee-employer relationship, employees are sometimes mistreated by employers. The latter may, voluntarily or involuntarily, include unlawful and/or unconstitutional clauses in the labor contract, which makes it easier for them to dismiss or penalize employees for actions that they are sometimes not responsible for. Such negative consequences can be avoided through a preliminary consultation with an attorney experienced in the sphere of labor law. In case of unlawful termination of a labor contact, the employees could benefit from engaging a legal professional who can fight for their rights.
On the other hand, it’s also very important for employers to be cautious when organizing the labor structure of their enterprise, including hiring employees and executing or terminating labor contracts. All paperwork (labor contracts; job descriptions; staff schedule; orders; internal rules, etc.) must closely adhere to the law. By doing so, employers protect themselves from lawsuits brought against them and establish a good, long-term employee-employer relationships.
Retiring is another area where caution is to be exercised. The constantly-changing normative basis as it comes to this final stage of employment, as well as the lengthy procedure and vast paperwork required to be submitted, poses risks to the employees, which can be avoided by an experienced legal representative acquainted with all the ins and outs of this specific procedure.
It is common for Bulgarians who have worked abroad to return to Bulgaria after the termination of their labor relations. In this situation, they have different options for receiving unemployment compensation depending on the specific case. It is not rare for the NSSI to issue unlawful refusals to pay unemployment benefits to these people. In such situations, it is recommended to seek the assistance of a lawyer, experienced in insurance law, to ensure your rights and legal interests are not infringed.
– preparation of all types of labor contracts under the Labor Code, additional agreements for amendment of labor relationships, different types of orders, etc.;
– assistance regarding the formation of the organizational labor structure of an enterprise – preparation of staff schedules, approval of job descriptions, regulations for internal work order, etc.;
– provision of consultations and preparation of written legal statements regarding lawful imposition of disciplinary penalties and/or termination of labor relationships;
– provision of consultations and preparation of written legal statements in relation to employment of foreigners under labor contracts in Bulgaria and commissioning of Bulgarian employees in third countries.
– provision of legal consultations and full assistance before entering into employment relations with employers, including review and analysis of employment contracts with a view to establishing the presence of illegal, discriminatory and/or void clauses;
– provision of legal consultations and assistance in relation to amendment of concluded labor contracts, including review and analysis of additional agreements, annexes, etc. provided by the employer;
– provision of legal consultations and clarification of the rights of workers / employees upon termination of a labor contract (compensations due by the employer; labor market rights, etc.);
– assistance in case of illegal dismissal and/or illegal imposition of disciplinary sanctions – provision of consultation and preparation of written legal statements, representation and defense before courts with a view to contesting illegal dismissals and/or illegally imposed disciplinary sanctions.
– provision of consultations, preparation of written legal statements and assistance before the competent authorities in relation to conducting procedures for acquisition of pensions for length of service and age;
– provision of consultations and full legal assistance in relation to the recovery of lost / destroyed employment records;
– provision of consultations and full legal assistance in relation to recognition of work / insurance experience with previous employers.
– providing legal advice and written statements on the possibilities of receiving unemployment compensation in Bulgaria after working abroad;
– providing full assistance before NSSI in procedures for receiving unemployment compensation in Bulgaria after working abroad – including drafting all legally required documents, representation before the National Employment Agency and the National Social Security Institute, etc.;
– appealing refusals of NSSI for granting unemployment compensation after working abroad, as well as representation in court proceedings.
Need legal assistance?
You can send a request for consultation / provision of legal assistance using the special inquiry form “Need assistance?” or directly to the e-mail address of Atty. Dilyan Kolev – kolev@dk-law.bg.
Please, describe in detail your case and the legal assistance you are seeking.
You can expect to receive a prompt response with instructions for provision of additional documentation / information or an invitation for setting up a call / meeting to discuss the matter further (if needed).