Ex. No. 541-00-541
MR IVAILLO CALFIN
DEPUTY MINISTER PRESIDENT
ON DEMOGRAPHIC AND SOCIAL POLICY
MINISTER OF LABOR AND SOCIAL POLICY
AND CHAIRMAN OF
THE NATIONAL COUNCIL FOR TRILATERAL COOPERATION
COPY:
MR JOSIF MILOSHEV
CHAIRMAN OF THE COMMISSION
ON INSURANCE RELATIONS
TO NSTS
REGARDING: Draft Resolutions amending and supplementing: the Ordinance on the calculation and payment of monetary benefits and benefits from LLCs; The Ordinance on the granting and payment of cash benefits for unemployment; The Ordinance on the elements of the remuneration and on the income on which insurance contributions are made; The Ordinance on public insurance for self-insured persons, Bulgarian citizens working abroad and seafarers; Ordinance on pensions and insurance service; The Ordinance on the establishment, investigation, registration and reporting of occupational accidents; The Ordinance on the procedure for notification, registration, confirmation, appeal and reporting of occupational diseases
DEAR MR CALFIN,
Most of the proposals for amendments and additions to the regulations are related to changes in the Social Security Code already adopted by the National Assembly. The proposed regulations were discussed in the Supervisory Board of the National Insurance Institute and were adopted in their entirety. The Confederation of Employers and Industrialists in Bulgaria, after discussion with its members, expresses the following opinion:
1. Draft Decree amending and supplementing the Ordinance on the calculation and payment of cash benefits and benefits from the state social insurance
The proposed changes in the Ordinance on the calculation and payment of monetary compensations and benefits from DOO are reduced to aligning the Ordinance with the accepted and effective norms of Art. 49, para. 1 and Art. 4, para. 1, item 4 of the Code for social insurance and the provision of art. 49, paragraph 2 of the Law on Payment Services and Payment Systems.
The proposed changes, which will enter into force from 2015, are related to a change of the period from which the monetary compensation is calculated in pregnancy and childbirth and in the case of adoption of a child from 2 to 5 years of age, from 18 to 24 months. preceding the month of occurrence of the insurance risk. Also, the persons who are entrusted with the management and/or control of state and municipal enterprises under chapter nine of the Civil Code, their divisions or other legal entities created by law are also added to the mandatorily insured for all insurance cases.
After consultations and discussions, we support the proposed changes without objections.
2. Draft Decree amending and supplementing the Ordinance on granting and paying cash benefits for unemployment
With the proposals made, the administrative burden for the unemployed person is reduced, and with the removal of the deliberately separate Appendix 4 for declaring the Bank account for the payment of benefits and its inclusion as an element in Appendix 5, the number of submitted sample documents is reduced. It also gives more freedom to the unemployed person by giving him the opportunity to submit the application for the grant of cash unemployment benefit to the TP of the NOI of his choice.
We support the proposals made without objection.
3. Draft Decree on Amendments and Supplements to the Ordinance on Remuneration Elements and Incomes on which Social Security Contributions are Made
The proposed changes in the Ordinance are produced by the changes in Article 4, paragraph 1, item 6 and item 7, the newly created paragraph 15 of Article 6 and the repeal of Article 4, paragraph 2 of the Code of Social insurance, as well as bringing it into line with the current norms of the Law on the Audit Chamber.
With the newly created paragraph 9 of Article 1 of the Ordinance, it is provided that, in cases where the person according to the schedule has worked more than the agreed time, the insurance income, on which the same is provided, is greater than the monthly amount established by the Law on the Budget of DOO, as within the period for which total working time is entered, the limit is maintained up to the maximum monthly amount.
After the comments made on the draft regulation, no other changes were proposed, as a result of which we support the draft regulation.
4. Draft Decree amending and supplementing the Ordinance on public insurance for self-insured persons, Bulgarian citizens working abroad and seafarers
The changes in the Ordinance on public insurance for self-insured persons, Bulgarian citizens working abroad and seafarers are reduced to bringing the texts of the Ordinance in line with the adopted changes in the Social Security Code (SSC).
The only change beyond these accepted norms is related to relief for self-insured persons (ET, partners of commercial companies, etc.) in connection with respect for their insurance experience and income, and the requirement to issue insurance certificates for them is removed.
After consultations and discussions, we support the proposed changes without objections.
5. Draft Decree on Amendments and Supplements to the Ordinance on Pensions and Social Security Service
In the requirement in Art. 9, para. 1 of the Ordinance - to submit original documents for social security experience when applying for retirement and the new requirement to store them in the National Insurance Institute contains a risk of losing original documents and creates an additional burden on the employer's officials to reissue new originals.
We believe that it is not appropriate to seize and collect original documents for certification of acquired work and insurance experience. The reasons for this are: in case of loss or poor archiving of the applicant's personal pension file - the pensioner will not have the original of his/her document(s) in order to be able to defend himself/herself according to the relevant administrative and/or judicial procedure.
We believe that the proposal to amend this part of it is unfounded. The same result can be achieved by introducing an explicit statutory provision for liability for providing documents with false content.
In connection with the abolition of the obligation to submit an expert decision to TELK when granting a disability pension, since it is transferred officially electronically, a problem arises with receiving feedback - will the decision of TELK be received by the employer electronically path and how it will be notified in the future.
In the context of the comments made, we cannot support the proposed object of the regulation.
6. Draft Decree on Amendments and Supplements to the Ordinance on Establishing, Investigating, Registering and Reporting Occupational Accidents
The repeal of Art. 4 of the Ordinance reduces the administrative burden and saves time and costs for the employer, as well as reduces the risk of possible acts for the employer.
We support the draft regulation.
7. Draft Decree amending and supplementing the Ordinance on the procedure for notification, registration, confirmation, appeal and reporting of occupational diseases
The correction made to Art. 2, para. 2 to include temporary incapacity as a condition for recognizing the occupational nature of diseases outside the list of occupational diseases increases the risk of the employer being liable for diseases outside of the main and direct labor activity.
According to the proposal to amend the Ordinance and add the text "and temporary incapacity as a condition for the recognition of the occupational nature of diseases outside the List of occupational diseases, when they are primarily and directly caused by the work activity", it follows:
Increase in the number of proposals for occupational diseases, as a consequence of the addition of the expression "temporary incapacity" to the regulation;
The criterion for establishing an occupational disease is not clear, as a consequence of the addition of the text "outside the List of occupational diseases" to Article 2, paragraph 2 of the regulation and the right to interpret the diseases as occupational diseases by the persons issuing sick leaves
Extracting the texts "temporary incapacity" and "out of the list of occupational diseases" is a prerequisite for abuse in order to benefit workers at the expense of employers, by manipulating disease states and qualifying them as "Occupational diseases".
We believe that the phrase "...a disease not included in the List of Occupational Diseases..." arouses reasonable concern about the "wide open door" for clinical specialists to record as occupational diseases a number of cases of unclear origin.
We are categorically opposed to the amendment of Art. 2, para. 2 of the Ordinance and propose to take the necessary actions to return the old text of Art. 56, para. 2 of the Social Security Code.
With respect,
Eugene Ivanov
Ex. director
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