Amendments to Labor and Social Insurance Legislation Affecting Employers and Social Security Contributors, Introduced via the Act on Measures and Actions During the State of Emergency

Summary

During a declared state of emergency, Bulgaria’s Labour Code (LC) gives employers several temporary powers they would not otherwise have: assigning employees to home-based work or telework without their consent, suspending operations while still paying gross remuneration, introducing part-time schedules for previously full-time staff, and unilaterally granting paid annual leave. At the same time, the law requires employers to approve leave requests from specific protected categories of employees — such as pregnant employees, parents of young or disabled children, minors, and employees with reduced working capacity.

• Governing law: Bulgarian Labour Code (LC)
• Trigger condition: A formally declared state of emergency
• Employer powers introduced:
  • Assign home-based work / telework without employee consent
  • Suspend operations (in whole or part) while still paying gross remuneration
  • Introduce part-time work for full-time employees
  • Unilaterally grant paid annual leave, even to employees with under 8 months of service
• Employee protections preserved: Mandatory approval of leave requests for specific protected categories (see below)
• Key legal reference points: Articles 107v(2) and 107i(2) of the Labour Code (conditions for home-based work/telework orders); Article 333(1)(2) and (3) of the Labour Code (protection against dismissal)
• Leave time counts toward service: Time spent on leave under these provisions is recognized as length of service (employment record)

Assigning Home-Based Work or Telework Without Consent

During a declared state of emergency, an employer may require an employee to temporarily perform home-based work and/or telework, even without the employee’s consent. Only the employee’s place of work changes — all other terms of the employment contract remain the same.

This change must be made by a formal employer’s order, which must specify the conditions set out in:

Article 107v(2) of the Labour Code (for home-based work), covering:

• The location of the workplace
• The employee’s remuneration
• The procedure for assigning and reporting on work
• How materials are supplied and finished output is delivered
• Utility/operating costs for the workplace and how they are paid
• Other conditions specific to the requirements of home-based work

Article 107i(2) of the Labour Code (for telework), covering:

• Work-related, technical, and other equipment for the workstation
• Responsibilities and costs for maintaining that equipment
• Conditions for supplying, replacing, and maintaining the equipment
• The procedure for an employee to acquire individual equipment components

Suspending Operations During a State of Emergency

Employers may also issue an order suspending the operation of the enterprise, a part of it, or specific employees’ work — for the whole emergency period or only part of it, until the state of emergency is lifted.

Employees still get paid: During any such suspension, affected employees are entitled to receive their gross remuneration.

Special rule when a state authority orders the suspension: If a state authority (rather than the employer itself) orders the suspension of the enterprise’s operations (in whole or in part) during the state of emergency, the employer must not allow employees onto their usual work premises for the period specified in that authority’s order.

Reducing Working Hours (Part-Time Work)

For the whole state-of-emergency period, or for part of it, an employer may introduce part-time working hours at the enterprise (or one of its units) for employees who normally work full-time.

Mandatory Paid Annual Leave Without Employee Consent

If the employer suspends operations of the enterprise, part of it, or individual employees’ work during a state of emergency, the employer may also grant paid annual leave to an employee without that employee’s consent — including to employees who have not yet accrued 8 months of employment service.

Employees the Employer Must Grant Leave To, On Request

Regardless of the employer’s own preferences, during a declared state of emergency the employer is obligated to approve a request for paid annual leave or unpaid leave from any of the following categories of employees:

• A pregnant employee, or an employee in an advanced stage of IVF treatment
• A mother or adoptive mother of a child up to 12 years old, or of a child with a disability regardless of age
• An employee who is a single father or adoptive father of a child up to 12 years old, or of a child with a disability regardless of age
• An employee under 18 years of age
• An employee with a permanently reduced working capacity of 50% or more
• An employee entitled to protection against dismissal under Article 333(1)(2) and (3) of the Labour Code

Important: Time spent on this type of leave is recognized as length of service (it counts toward the employee’s employment record).

Frequently Asked Questions

Can an employer force an employee to work from home during a state of emergency in Bulgaria?

Yes. Under these Labour Code provisions, an employer may assign home-based work or telework without the employee’s consent during a declared state of emergency, provided the order specifies the conditions required by Article 107v(2) or Article 107i(2) of the Labour Code. Only the place of work changes.

Does an employee still get paid if the employer suspends operations?

Yes. Employees are entitled to their gross remuneration during any suspension ordered under these emergency provisions.

Can an employer force someone to take annual leave during a state of emergency?

Yes, if operations (in whole or part) are suspended — even for employees with less than 8 months of service. However, for specific protected categories of employees, the employer must grant leave upon their request rather than imposing it unilaterally.

Which employees have a guaranteed right to take leave during a state of emergency?

Pregnant employees, employees in advanced IVF treatment, mothers/adoptive mothers or single fathers/adoptive fathers of children under 12 (or children with disabilities of any age), minors, employees with 50%+ reduced working capacity, and employees protected against dismissal under Article 333(1)(2) and (3) of the Labour Code.

Does leave taken during a state of emergency count toward an employee’s length of service?

Yes. Time spent on leave under these provisions is recognized as length of service.

What happens if a government authority (not the employer) orders the enterprise to suspend operations?

The employer must not allow employees onto the work premises for the period specified in that authority’s order.