Description

Employment law is a branch that affects a huge part of society because it regulates a daily activity for millions of people - the provision of labour power in exchange for payment.

A characteristic feature of labour law in Bulgaria is its overregulation and the extremely enhanced protection (at least at a formal level) of employees. These peculiarities are an echo of the communist era, in which the Labour Code of 1986 was adopted, which is still in force, albeit with numerous amendments. Notwithstanding the changes in the country, government control and sanction activity in the area continue to be particularly intense - this requires employment cases to be consulted with an attorney with experience and expertise in such situations.

Employment law in first place regulates the conditions under which the legal relationship between employer and employee arises. In this regard, I would be able to advise you on the documents required for the conclusion of an employment contract, its mandatory content and the possible modifications of its conditions. I can review and possibly modify the contract in light of both the employer's interest and the employee's rights - depending on which one of them is my client.

Another issue that often arises in the employment relationship is that of the amount and manner of use of the employee’s leave. The conflicting hypotheses here are varied - it is possible that the employer does not allow the use or, on the contrary, tries to force the employee to use his or her leave. In such situations, the affected party should contact a lawyer to analyse the case and propose a solution in accordance with the applicable regulations.

The most essential element of the employment relationship is, of course, the remuneration. The main legal problem in this respect is the possible lack of payment. But questions may also arise as to the calculation and structure of the salary. In my practice, I have come across examples where the employer has for years failed to accrue and therefore pay the additional remuneration for the so-called 'time served', even though this right of the employee is directly derived from the law and does not depend on the stipulations in the employment contract. It is also not rare for an employer not to pay overtime or to pay less than the amount due.

The relations arising in connection with the control of labour discipline are particularly conflictual. On the one hand, employers are severely constrained by a number of formalities which they must comply with, if they wish to impose disciplinary punishment. On the other hand, it is not uncommon for disciplinary proceedings to be used to give legal form to otherwise unauthorised pressure on an employee - for example, to make him or her to resign. As it is clear from the above, in such situations both the employer and the employee concerned need adequate legal assistance, which you can rely on, if you contact me.

The termination of employment also brings legal complications. An employer's ability to terminate an employee is subject to numerous legal requirements. Omitting seemingly minor details can make the dismissal illegal and the employee can sue the company. The manner in which the employment relationship is terminated is also far from irrelevant to the employee. For example, the extent of his social rights as an unemployed person is directly dependent on the grounds on which the contract was terminated. Generally speaking, if the initiative for the termination came from the employee, he would receive unemployment compensations in a reduced amount and for a shorter period.

As it can be conclude from the above, employment cases often end up in the courtroom. It is advisable to contact an attorney in connection with any lawsuit in which you are involved, but when it comes to employment law, it is even more imperative because these disputes have certain procedural specifics (e.g., shorter prescription terms) that must be considered.

Labour migration governs the rules under which foreign nationals are admitted to the Bulgarian labour market. Particularly popular in recent years is the so-called "EU Blue Card". This document enables highly qualified employees, who are not EU citizens, to acquire the right to reside and work in Bulgaria. Under certain conditions, their family members can also obtain such rights. In addition to the Blue Card, there are other procedures allowing access to the Bulgarian labour market. All of them are characterized by the need to comply with various requirements of both migration and labour law. In other words, this is a complex legal matter in which you need the help of a reliable lawyer with experience, and I can provide you with just that.

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