|Muchakova||Date: Tuesday, 28.02.2012, 18:57 | Message # 1|
|ORDINANCE ON THE CONDITIONS AND PROCEDURE FOR POSTING employees from Member States or of employees THIRD PARTIES IN BULGARIA UNDER THE PROVISION OF SERVICES (TITLE AMEND. - SG. 45 2006, IN FORCE FROM 01.01.2007) |
Effective 09/18/2002, the
Adopted by Decree № 142 of 08.07.2002, the
Prom. SG. 68 of 16 July 2002., amended. SG. 45 of 2 June 2006.
Article. 1. (Amended - SG. 45 of 2006, effective 01.01.2007) (1) This Ordinance shall apply to employees of the Member States or of employees by third parties sent on a business trip on the territory the Republic of Bulgaria for a period of an employer established in a Member State or third country with whom they are employed during the period of the business trip.
(2) In calculating the period under par. 1 should be taken in account all previous periods of business trip journey to perform the same job.
Article. 2. (Amended - SG. 45 2006, in force from 01.01.2007) Employees under art. 1, para. 1 with place of work in Bulgaria in cases, where their employer sent them to a business trip:
1. for its own account and under its management and according to a contract for services concluded between him and the resident for whom the services are intended;
2. in holdings of enterprises in the territory of Bulgaria.
Article. 3. (1) (Amended - SG. 45 2006, in force from 01.01.2007) Employees on a business trip under art. 2 work and pays insurances with the conditions of the Bulgarian legislation with regard to:
1. maximum working week and working hours and minimum daily, daily and weekly rest periods;
2. minimum wage;
3. eligibility for overtime and minimum size of its pay;
4. minimum amount of paid annual leave;
5. health and safety at work;
6. special protection of minors, women, pregnant and nursing women and persons with disability;
7. equality between women and men;
(2) (New - SG. 45 2006, in force from 01.01.2007) The cost of maintenance of posted workers during the posting form part of wages under par. 1, item 2.
(3) (prev.. 2 am. - SG. 45 2006, in force since 01.01.2007) Where the Minister of Labour and Social Policy has spread application of a collective agreement under of Art. 51b, para. 4 of the Labor Code, the employer of a Member State applies to posted workers the terms of the collective agreement that are more favorable than the minimum laid down in para. A.
(4) (prev.. 3 am. - SG. 45 of 2006, effective 01.01.2007) In the case of installation of equipment when it is an integral part of the contract for the supply and installation is performed by skilled and / or specialists supplying company for commissioning of equipment supplied is not subject to the conditions under par. 1, items 2-4, if employees are posted for no more than 8 days.
(5) (New - SG. 45 2006, in force from 01.01.2007) Paragraph 4 shall not apply to activities in the field of construction listed in the Annex.
(6) (prev.. 4 am. - SG. 45 2006, in force from 01.01.2007) When the Bulgarian legislation provides more favorable conditions under par. 1 of the laws of the State on whose territory the seat of the employer under Art. 1, para. 1 resident seconded ensure employee compliance with more favorable conditions.
(7) (New - SG. 45 of 2006, effective 01.01.2007) In cases under para. 6 posted workers from third countries cannot be treated less favorably than employees seconded from Member States.
Article. 4. (Amended - SG. 45 2006, in force from 01.01.2007) Seconded employees under art. 2 operating in the Republic of Bulgaria to the terms and conditions of the Ordinance on the terms and conditions for issuance, denial and revocation of work permits for foreigners in Bulgaria (NURIOORRCHRB), adopted by Ordinance № 77 of the Council of Ministers of 2002 ( SG. 39 of 2002).
Article. 5. (Amended - SG. 45 2006, in force from 01.01.2007) The local entity that receives the posted employee shall declare to the Employment Agency compliance with the requirements of Art. 3.
Article. 6. (Amended - SG. 45 2006, in force from 01.01.2007) The employer of a Member State or a third party present at the Employment Agency by the resident document certifying the existence of an employment relationship or worker seconded employee, according to the laws of the State where its registered office.
Article. 7. (1) (Amended - SG. 45 of 2006, effective 01.01.2007) The Executive Agency "General Labour Inspectorate" liaise and cooperate with the competent authorities of other countries on the conditions stipulated in art. 3.
(2) (New - SG. 45 2006, in force from 01.01.2007) Cooperation under par. 1 includes information on:
1. conditions in the posting down in Art. 3;
2. motivated request of the competent authorities of other countries in cases of:
a) transnational supply of workers;
b) the established violations and cases of unlawful transnational activities;
3. posting of workers from third countries.
(3) (prev.. 2 am. - SG. 45 2006, in force from 01.01.2007) Employment Agency maintains a database of posted workers in the Republic of Bulgaria.
(4) (New - SG. 45 2006, in force from 01.01.2007) Employment Agency through its Regional Offices provide information about the conditions for secondment as provided for in Art. 3, para. A.
Article. 8. Executive Agency "General Labour Inspectorate" performs specialized control activities in compliance with the conditions of art. 3.
§ 1. (Amended - SG. 45 of 2006, effective 01.01.2007) For the purposes of this Ordinance:
A. "Resident" is registered under Bulgarian law natural or legal person for its business use the services of the seconded employee.
2. "Member State" - member of the European Union or another country - party to the European Economic Area.
§ 2. This Ordinance is adopted pursuant to Art. 70, para. 4 of the Law on Employment Promotion.
§ 3. This Ordinance shall enter into force two months after its publication in "Official Gazette".
§ 4. (New - SG. 45 2006, in force from 01.01.2007) The ordinance does not apply to crew members in commercial shipping.
§ 5. (Former § 4 - SG. 45 of 2006, effective 01.01.2007) implementation of this Ordinance is assigned to the Minister of Labour and Social Policy, the Executive Director of the Employment Agency and the Executive Director of the Executive Agency "General Labour Inspectorate".
To Decree № 118 of May 22, 2006 ON AMENDMENTS TO THE ORDINANCE ON THE CONDITIONS AND PROCEDURE FOR ADMISSION OF ALIENS SECONDED IN BULGARIA UNDER THE PROVISION OF SERVICES
(Promulgated - SG. 45 2006, in force from 01.01.2007)
§ 9. This Decree shall enter into force from the date of entry into force of the Treaty of Accession of Bulgaria to the European Union.
Annex to Art. 3, para. 5
(New - SG. 45 2006, in force from 01.01.2007)
The activities referred to in Art. 3, para. 5 include all activities relating to the construction, repair, maintenance, alteration or demolition of buildings, and in particular the following work:
2. removal of spoil
3. actually works
4. assembly or disassembly of prefabricated elements
5. finishing or installation
12. maintenance, painting and cleaning
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