Information about the labor legislation

The service provides information about the labour legislation in the cross-border region Romania - Bulgaria. Within this service there are structured thematic sections, in which Visa Agency provides the information through explanatory texts and links to documents and official websites of state institutions.

 

Regulations

 

  1. Legislation in Bulgaria

Labour Code
Social Security Code
Law on Income Taxes of Individuals
Law on Health Insurance
Tax-Insurance Procedure Code
Law on Public Servants
Law on Settlement of Collective Labour Disputes
Law on business trips in the country
Ordinance on working hours, breaks and holidays
Ordinance on the Structure and Organization of Wages
Ordinance on the elements of the remuneration and the income on which contributions are made
Law on Labor Migration and Labor Mobility
Rules on Implementing the Law on Labor Migration and Labor Mobility
Law on Employment Encouragament

 

  1. Legislation in Romania

Labour Code 
Tax Code 
Law 76/2002 on the unemployment insurance system and the stimulation of employment 
Law 319/2006 on health and safety in the workplace 
Law 279/2005 on traineeships in the workplace 
Ordinance 25/2014 on hiring and transfering of foreign citizens in Romania and the amendment of legislation on the status of foreign nationals in Romania 
Law 106/2017 on some measures for improving the exercise of rights on the territory of Romania, granted in the context of the free movement of workers within the European Union

 

Information about the social insurances and minimum wages

 

1. Social and health insurance in Bulgaria

The amount of the social security contributions and the ratio, in which they are distributed between the employee and employer, are determined annualy in the Social Security Code. According to the law, the insurances are distributed in a ratio of 60% for the employer and 40% for the employee. The distribution of the contributions in the State Social Security Funds depends on the labor category of the worker and on two chronological periods – the people born before and after 1960.

There are minimum insurance thresholds, which is the minimum sum, on which the employer is obliged to insure the worker. The minimum insurance threholds for each profession or occupation are determined in the Law on the National Social Security Budget - a table with the different professions, qualification levels and fields of activity.

The amount of the health insurance contribution is determined every year with the Law on the Budget for the National Health Insurance Fund.

 

2. Social and health insurance in Romania

The employer covers the social contributions for:

- employment

 

The employee covers the social contributions for:

- social pension insurance

- social healthcare insurance

 

3. Minimum wages in Bulgaria and Romania

Under Decree 316/20.12.2017 of the Council of Ministers, the minimum wage in Bulgaria, as of January 1st, 2018, is BGN 510 (260 euro).

In Romania, government decision 846/2017 defines the minimum guaranteed gross wage to be RON 1900 (about 409 euro).

 

Information on Labor Safety

 

1. Law requirements for health and safety on the workplace in Bulgaria

Those issues are regulated in the Law on Healthy and Safe Work Conditions. It determines the rights and obligations of the state, employers, employees, employee representatives, induviduals, who are working for themselves or in a partnership, and other organizations and legal entities for ensuring healthy and safe work conditions.

 

2. Law requirements for health and safety on the workplace in Romania

These issues are regulated with Law 319/2006 on Health and Safety on the Workplace. The law has a goal to define measures for encouragement and improvement of the healthy and safe work conditions for the workers. Also, it establishes common principles about the prevention of professional risks, protection of the health and safety of workers, eliminating risk and accident factors, information, consultations, ballanced participation in accordance with the law, training of workers and their representatives, as well as common guidelines for the implementation of these principles.

 

Information about the termination of employment contracts

 

1. Termination of contracts in Bulgaria

The Labour Code regulates the multitude of variants for the termination of employment contracts:

- by mutual agreement;
- by the worker/employee with a notice;
- by the worker/employee without a notice;
- by the employer with a notice;
- by the employer without a notice;
- on the initiative of the employer with an agreed compensation.

 

2. Termination of contracts in Romania

Individual employment contracts can be terminated:

- automatically;
- by mutual agreement of the parties;
- unilaterally at the request of one of the parties

The issues are regulated by the Labor Code.

 

Information about the posting of personnel

 

1. Posting of personnel in Bulgaria

The posting of personnel is regulated through the Ordinance on Postings in the Country, which determines the conditions for the posting of staff in the country, the amount of the daily allowance (road money, daily money and housing money), the order in which they should be accounted for, as well as the rights and obligations of the posters (employers) and postees (employees).

For the representatives of foreign companies, which are posted in Bulgaria for a given period of time, as well as Bulgarian workers, which are posted abroad, се прилага the Ordinance on the Terms and Conditions for the Posting and Sending of Workers and Employees in the Framework of Providing Services.

 

Information about the hiring of foreigners

 

1. Hiring of foreigners in Bulgaria

The Law on Labor Migration and Labor Mobility regulates the access to the labor market of workers-citizens of third countries, including any freelancing activities. The access to the Bulgarian labor market is relatively limited, but some reliefs have been implemented. The law provides a list of professions, which there is a big staff shortage for.

Regulation on the implementation of the Law on Labor Migration and Labor Mobility

The Law on Promotion of Employment regulates the public relations in promoting and preserving of employment, vocational guidance and education of adults. It also regulates the mediation of informing and hiring of Bulgarian citizens and citizens of other countries in the Republic of Bulgaria and in other countries.

 

2. Hiring of foreigners in Romania

Ordinance 25/2014 on hiring and transferring of foreign citizens in Romania and the amendment of legislation on the status of foreign nationals in Romania.

Law 106/2017 on some measures for improving the exercise of rights on the territory of Romania, granted in the context of the free movement of workers within the European Union.



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