Bulgaria: New rules for teleworking

 

In the State Gazette, issue 27 of 29.03.2024, the Law on Amendment and Supplement to the Labor Code has been promulgated, which introduces new rules regarding teleworking.

The changes are dictated by the sharp development of telecommunication technologies and digitalization, which determine the widespread use of work outside the employer’s premises.

The new changes provide many new opportunities, for the use of which, however, it is necessary to make changes in the company’s internal acts and/or employment contracts with employees.

In general, the changes are expressed in the following:

1. Increased flexibility in teleworking

The new provisions of the Labor Code explicitly stipulate that the employment contract, respectively with an annex agreeing on remote work, may be negotiated for more than one place of work. (Art. 107h, para. 8, item 1 of the Labor Code) In case this possibility is used, the employment contract should also stipulate all the rights and obligations of the parties to the individual employment relationship in relation to remote work. (Art. 107h, para. 3, item 2 of the Labor Code)

The law provides for the employment contract to agree on a mixed mode of work, as well as the terms and conditions for its application. (Art. 107h, para. 6, item 1 of the Labor Code)

In addition, it is also possible for the employer to change his place of work for no more than 30 working days per year at the written request of an employee. The terms and conditions for this should be set out in the employment contract, respectively in an annex to it and/or in the internal acts of the company.

2. Teleworking reporting

The new texts of the Labour Code establish an obligation to define rules for assigning and reporting telework, as well as the content, volume, results achieved and other characteristics of the work that are relevant for reporting its performance. (Art. 107h, para. 9 of the Labor Code) These rules may be included both in the individual or collective employment agreement and in the internal acts of the company. The Labor Code also introduces the possibility of assigning and reporting remote work through information systems, in the use of which the employer must provide written information to employees about the type and volume of work-related data that is collected, processed and stored in it. (Art. 107h, para. 10 of the Labor Code)

3. Obligations to ensure health and safety at work

Some of the amendments to the Labor Code are related to the development of legislation on the requirements for ensuring healthy and safe working conditions when working remotely.

The amendments improve the existing requirements by creating clear rules and determining the responsibility of the employer and employees in terms of health and safety at work when working remotely.

The new texts of the law regulate the obligation for the employer to provide the employee with information about the minimum safety requirements for the workplace where remote work is carried out. (107i, para 3, item 6 of the Labor Code) It is the employee’s obligation to comply with the specified requirements and to provide a workplace outside the enterprise as of the date of occurrence or amendment of the employment relationship. (Art. 107i, para. 1 of the Labor Code) After securing the place, the employee shall provide the employer with written information about the characteristics of the workplace provided by him for remote work. (Art. 107k, para. 2 of the Labor Code) The employer, in turn, should check the characteristics and ensure that they meet the requirements for healthy and safe working conditions provided for in the Health and Safety at Work Act. (Art. 107k, para. 3 of the Labor Code)

Insofar as the employer is responsible for health and safety at work, he should inform the employees about the requirements for the organization of work and about the safe and healthy working conditions in accordance with regulations, internal rules of the company, policies of the company for safety and health at work, etc. (Art. 107k, para. 4 of the Labor Code) However, the employee is responsible for compliance with the company’s policies for safe working conditions. (Art. 107k, para. 5 of the Labor Code)

The team of Mikinski & Partners Law Firm remains at your disposal if you have any questions or need assistance regarding the interpretation and application of the amendments and supplements to the Labor Code.

 

For further information, please contact:

Plamen Stefanov, Barrister

Mikinski & Partners Law Office, Sofia

e: pstefanov@mikinski.bg

t: +359 876 637 000

 

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