Penev LLP contributed to the highly prestigious edition of Clifford Chance Guide to Employment in the European Union 2011

Under the Bulgarian constitution the right to work is recognised as a fundamental right of citizens and the Bulgarian state is obliged to facilitate the exercise of that right by all persons, including those with physical or mental impairments. The Constitution expressly prohibits forced labour and sets out the following basic rights for employees: (i) the freedom to choose employment; (ii) healthy and safe working conditions; (iii) a minimum salary; (iv) remuneration corresponding to the work performed; and (v) a right to rest and leave. Each of these rights is to be exercised in accordance with the relevant legislative provisions.

The Labour Code is the principle source of law regulating the legal relationship between an employer and an employee and includes the following: addressing trade unions and employers’ organisations, collective agreements, employment contracts, information and consultation rules, working time, leave, work discipline, disciplinary liability and other employer’s and employee’s liabilities, remuneration, health and safety and termination of the employment relationship. The majority of the provisions of the Labour Code are statutory and, therefore, may not be amended or waived even by the mutual consent of employer and employee. The Labour Code was adopted in 1986 and has been amended a number of times with a view to implementing the relevant EU Directives applicable to labour issues.

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