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Legal Alert - Improved legislative regulations on the posting of workers in EU Member States, a country which is a Party to the Agreement on the European Economic Area or in the Swiss Confederation.

 

The New 2017 Year has commenced with an improved legislative regulations on the posting of workers in EU Member States, a country which is a Party to the Agreement on the European Economic Area or in the Swiss Confederation.

By virtue of the latest amendments to the Bulgarian Labour Code, a distinction was introduced between the posting of workers (conducted by agencies that provide temporary work) and the commissioning of workers (by all over types of employers). The distinction aims at bringing clarity with respect to the rules on posting and commissioning of workers. The specifics of the two regimes are to be governed by a designated ordinance of the Bulgarian Council of Ministers that is yet to be adopted.

For the first time in the Bulgarian labour laws, there is an explicit provision, according to which during the whole term of the posting of the respective worker between him/her and the sending employer there has to be a valid employment agreement. The employers’ primarily responsibility remains to ensure at least the same minimum working conditions as those established with respect to workers performing the same or similar work in the host country.

The scope of the compensation due in relation to posting of a worker within the European Union has been established. The respective employee is entitled to his/her gross remuneration and travel expenses. Daily allowances and accommodation expenses are not payable by the employer.

The amendments implement in the Bulgarian labour legislation the new requirements introduced on an EU level and in particularly – Directive 2014/67/EC of the European Parliament and the Council.