The lawyers of "Legal Consultancy" who are engaged in employment in Europe advise both employers and potential employees.

Employment Law

Labour Market Litigation

It is worth noting that, over the past few years, the Bulgarian labor market has reached its peak. This affected the level of national employment of the population, in particular, it increased in the most active age group (15-64 years) by 4% (from 64.5% to 68.5%) over the past two years. On this basis, employment has reached its highest level since 2008, when the crisis began. The employment growth depends on such factors as attracting economically inactive individuals and their re-qualification, changing attitudes towards emigration and the import of foreign labor.

Redundancies

Legal Consulting LTD provides wide-spread services for employers and employee in particular on those issues that may arise during the dismissal of an employee or other situations that can affect employees. We will help you to understand the procedures that must be followed and how to approach the process of the most effective consultation. We provide full support for both employer and employee in matters of dismissal or premature termination of the contract. We also provide assistance and advice in drafting packages of necessary documents and in the preparation of agreements on trade-offs for employees who leave.
 
Restrictive Covenants

Legal Consultancy LTD sometimes uses special labor instruments that are used in labor contracts Restrictive Covenants. The principle of operation of this agreement is that it prohibits a former employee from working for a competitive company for a limited time and/or location. The goal is to temporarily limit labor competition and reduce the risk of the proliferation of commercial secrets and other properties.

Protection from Discrimination

Today, it is very important that human rights groups continue to work on creating the necessary legal jurisprudence to combat discrimination and monitor the proper implementation of this practice. This carries with it a great responsibility because PADA is a challenge to the modern Bulgarian legal and judicial practice. So far, individuals and legal entities who were implicated in discriminatory actions against Roma most often don't even deny that they belong to Roma less acceptable than to representatives of other races and nationalities.

Dismissal Protection

The widespread practice of concluding labor contracts between the employer and the hired worker creates the need for a normative settlement of possible disagreements regarding the unlawful actions of the employer in relation to the worker. In cases of unforeseen dismissal of an employee at the initiative of the employer, the practice of interaction with various legislative acts in the field of regulation of issues in the segment of labor legislation is applied. Protection against the dismissal of an employee is applied when the employment agreement is terminated at the initiative of the employer. The following regulations are designed to protect the interests of the hired worker from dismissal, regulated by the relevant legislative acts No. 344-334 and 225, which relate to monetary compensation and are coordinated with the Labor Code.
The term of the employment contract is considered illegal if:
 
  1. the contract has been terminated for a reason that does not correspond to the reasons established by law for termination of labor cooperation
  2. In cases of breach of an employment contract
  3. In cases where the dismissal does not comply with the contract on prior protection against dismissal
  4. If the cancellation of the employment contract was recognized as an inappropriate person

Statutory Employment Protection Rights

The statutory full-time shift takes not less than 8 hours per day, 5 days per week. Different rules govern issues such as work time flexibility, overtime pay, and night work. In addition to a daily rest of at least 12 hours and a weekly rest period of 48 hours, each employee is entitled to a minimum 30-minute break for a snack, not considering shorter “5-minute” coffee breaks. Employees have a minimum annual leave of 20 working days. Employee recruitment, postponement, and leave are governed by various rules established by the employer. An employee who has become the father of a newborn baby is entitled to paid leave of 15 calendar days from the moment of birth. In the case of pregnancy or childbirth, the employee is entitled to 410 calendar days of vacation, which are paid as social benefits and are calculated at 90% of the current salary. The social security sickness benefits together with permission from medical authorities allow an employee to take a vacation pay to take care for a family member who is sick. It is forbidden to put employees that are engaged in part-time in less favorable working conditions compared to regular employees engaged in the same or similar activities. It is unacceptable to treat fixed-term staff in a less favorable manner than comparable open-ended contract staff performing the same or similar nature of work.

Trade Union Consultation & Redundancy

The reason for the need for a regulatory settlement in the field of labor relations may be the fact of a fulfillment of more than 20 employees. The representative of the employer may be a legal representative of the trade union or an elected employee. Trade Union Consulting covers the following areas: possible and acceptable ways to avoid dismissal; reason for dismissal; finding possible ways to minimize the number of employees who will be laid off; the search for possible ways to minimize the consequences for the dismissed employees, for example, the provision of retraining; Your employer must also meet certain legal requirements for collective consultation.

Employee Privacy Protection

The continuous development of corporate relations between the hired worker and the employer, as well as the increasing complexity of the process control conditions and the final result of the work of hired workers, created the need to resolve possible differences in the pre-trial process. The result was the emergence of a regulatory body like the PDPA. The Bulgarian Constitution establishes the principle of the protection of privacy, as well as personal correspondence and all other communications. The Penal Code, Personal Data Protection Act (“PDPA”) and other laws contain specific privacy rules and restrictions on interference with personal integrity. It is believed that employees cannot have the same degree of confidentiality at work and at home. PDPAs regulations allow enabling an employer to set a privacy policy in the workplace. Thanks to this policy, an employer gets access to personal correspondence of an employee, video surveillance of his workplace, and processing of employee's private data. However, it should be noted that the employer doesn't have the right to cross the boundaries established by the regulations of the PDPA. The employee's private data must be processed in accordance with one of the allowed types of processing claimed by the PDPA.
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