An employment contract in Bulgaria shall be concluded between the employee and the employer in writing before beginning of work. The written form is obligatory for the validity of the contract.
The employer presents to the employer a number of documents before entering into an employment contract. The Bulgarian labour law provides a list of legally required background documents such as medical certificate, document evidencing a specific professional qualification or capacity, etc. For some specific jobs, a criminal record certificate is also required. The employer can also require additional documents.
Within three days after the conclusion of an employment contract, the employer sends a standard form notification of this to the National Revenue Agency.
Before beginning work, the employer provides the employee with a counterpart of the employment contract as concluded, signed by both parties, as well as with a copy of the notification, certified by the National Revenue Agency.
The employment contract in Bulgaria can be drafted in any language but shall contain details of the parties and shall specify:
- the place of work;
- the position title and the nature of work;
- the date of its conclusion and the starting date of its performance;
- the duration of the employment contract;
- the amount of basic and extended paid annual leave and of additional paid annual leaves;
- equal length of the period of notice to be observed by both parties upon termination of the employment contract;
- the basic and supplementary labour remunerations of a permanent nature, as well as the frequency of their payment;
- the duration of the working day or week.
Other terms may also be agreed by the employment contract which are not regulated by mandatory provisions of the law, as well as terms which are more favourable for the employee than those established by the collective agreement.
The job description is an integral part of the employment contract in Bulgaria. The employee signs a written confirmation of receipt of the job description.
The employment contract in Bulgaria may be for an indefinite duration or for a fixed-term.
The employment contract is a contract of an indefinite duration unless expressly agreed otherwise. There is no maximum legal duration for a work assignment in Bulgaria.
An employment contract of an indefinite duration period may not be transformed into a fixed-term contract, except where the employee expressly wishes so and expresses this wish in writing.
A fixed-term employment contract can be concluded:
- for a definite period which may not be longer than three years for execution of casual, seasonal or short-term work and activities;
- 2. until completion of specific work;
- for temporary replacement of an employee who is absent from work;
- for work in a position which is to be occupied through a competitive examination: for the time until the position is occupied on the basis of a competitive examination.
As an exception, a fixed-term employment contract for a definite period may be concluded for a period of not less than one year and for work and activities that are not of a casual, seasonal or short-term nature. Such an employment contract may also be concluded for a shorter period upon written request of the employee.
The fixed-term employment contract shall be transformed into a contract of an indefinite duration if the employee continues to work for five or more working days after expiry of the agreed period without a written objection of the employer and the position is vacant.
Where the work requires testing of the ability of the employee to perform it or the employee wishes to verify whether the work is suitable for him or her, the employment contract may include a trial period of up to six months. Until expiry of the trial period, the party to whose benefit it has been agreed may terminate the contract without notice.
Additional work under employment contract
The employee may conclude an additional employment contract with the same employer for the performance of work beyond the scope of his or her labour duties, outside the working time fixed for him or her.
The employee may furthermore conclude employment contracts with other employers as well for performance of work outside the working time fixed for him or her under his or her principal employment relationship (external concurrent employment), unless otherwise provided for in his or individual employment contract under his of her principal employment relationship.
The maximum duration of working time under an employment contract for additional work, together with the duration of the working time under the principal employment relationship may not exceed 48 hours. With their express written consent, the workers and employees may work more than 48 hours.
Rights and Obligations of the Employee
The employee has the right to be paid according to the duration and the results of work performed.
As well, employees are entitled to:
- full social security and health insurance coverage for all social risks for the entire term of the employment contract;
- work under normal working conditions which allow the employee to perform the assigned tasks precisely and up to the required standard of quality;
- use annual paid leave and all other holidays/leaves as provided by in the labour legislation.
The employee must perform his of her labour duties accurately and in good faith.
Upon performance of the work, the employee is obligated to:
- come to work on time, fit and able to perform his/her duties;
- observe the working hours and use working time only for the performance of his/her duties;
- execute the work thereof in the required quantity and quality;
- observe the technical and technological rules;
- observe the rules for health and safety at work;
- carry out the lawful orders of the employer;
- take attentive care of the employer’s property which is entrusted to him/her;
- be loyal to the employer and not to disclose any confidential data for the employer, as well as to protect the reputation of the enterprise;
- observe the internal rules adopted in the enterprise.
Rights and Obligations of the Employer
The employer is obligated to charge in payrolls and to pay the labour remuneration agreed for the work done. At the request of the employees, the employer shall issue abstracts from the payrolls on the labour remunerations and any compensations, whether paid or unpaid.
The employer is under the obligation to keep an employment file for each employee. The employment file contains all documents in connection with the establishment, existence, modification and termination of the employment relationship.
Employers also have obligations to make social security and health security contributions in favour of the employees.
For more information or preparation of all types of employment contracts and job descriptions please do not hesitate to contact us by e-mail: email@example.com or call us on: +359 2 851 72 59.