After implementing the EU’s Posting of Workers Directive 2014/67/EU, new Bulgarian labour law has announced that it now requires all employers and temporary work agencies based in the EU to notify the Bulgarian Labour Authority of any postings in the country within the provision of services and/or in terms of intracompany transfer (ICT).
This requirement also applies to employers in the EEA, Swiss Confederation, or third countries who assign or transfer workers to work in Bulgaria.
Employers must complete the notification not later than the beginning of work and submit the following information (only a hard copy at present) to the local authorities:
- Information about the company sending the employee, the host company receiving the worker, and details on the employee’s identity.
- The duration of the posting.
- The location where the posted worker will be employed.
A designated representative must act as a liaison with the Bulgarian Labour Authority. This rep can be an employee of the host company, or any third person with legal representative power.
The employer posting the worker and the local Bulgarian company involved are now required to keep hard copies of the following documents:
- A copy of the employment agreement.
- Proof of payment (eg payslips).
- Documents showing the time worked.
Any changes in the posting conditions must be immediately reported to the labour authority.
The authority is entitled to supervise and control the posting process, and may initiate inspection checks during and after the posting, which may include requesting any additional documents related to it.
Additional requirements may apply to the posting of third country citizens where a work permit, visa, or residence permit may be necessary.
Failure to comply with these requirements may bring fines of up to EUR 7,500 for a first offence, and EUR 15,000 for repeated offences, to employers; and, EUR 5,000 (first offence) and EUR 10,000 (repeated offence), to an individual involved.