NATIONALLY REPRESENTATIVE ORGANIZATIONS OF THE SOCIAL PARTNERS:
Confederation of Independent Trade Unions in Bulgaria,
Confederation of Labor "Support"
Association of Industrial Capital in Bulgaria,
Bulgarian Chamber of Commerce- Union of Bulgarian Business,
Bulgarian Union of Private Entrepreneurs "Vazrazhdane",
Bulgarian Chamber of Commerce and Industry,
Confederation of Employers and Industrialists in Bulgaria,
Union for Business Initiative,
DRIVEN BY THE DESIRE TO DEVELOP AND IMPROVE THE CONSENSUS POSITIONS SET FORTH IN :
· Pact for economic and social development of the Republic of Bulgaria from the end of 2006,
· Decision of the National Council for Trilateral Cooperation from October 2009. on anti-crisis measures and reaching a bilateral agreement between employers and trade unions on the regulation of remote work,
· "Bulgarian "pathway" for flexibility and security of the labor market 2009-2011", item IV, item 1.3, adopted in June 2009 by the Council of Ministers,
ORIGINATING FROM:
· The need for systematic and joint efforts to fulfill the commitments arising from Bulgaria's membership in the European Union;
· Your attachment to the values, goals and principles of the European social model and the European models of industrial relations;
· Their determination to continue and develop the practice and confirm their responsibility to settle significant issues of a labor and social nature through bilateral negotiations and in the spirit of Article 139 of the Treaty establishing the European Community (TEC), reaffirmed in Article 155, item 1 of the Treaty on the Functioning of the European Union (TFEU),
BASED ON:
· The framework agreement for remote work signed on 16 July 2002 between the European Trade Union Confederation - ETUC, the Union of Confederations of Industrialists and Employers - UNICE, the European Association of Craftsmen and Small and Medium Enterprises - UEAPME and the European Center for Enterprises with Public Participation and Enterprises of Major Economic Interest - CEEP, together with the Joint Committee of the Council of European Professional Management and Management - EUROCADRES and the European Confederation of Executive Directors and Management - CEC,
AS THEY RECEIVE AND SHARE:
· The definition of telecommuting given therein viz "a form of organizing and/or carrying out work, using information technologies, within the framework of an employment relationship, in which work that can also be carried out in the employer's premises is moved outside them as a rule"
· The main provisions and content of the European Framework Agreement.
AGREE AS FOLLOWS:
This Agreement applies to all types of remote work that meet the definition of remote work cited above, except for so-called "concentrated remote work" and "offshore remote work". Remote work can be done from the employees' home, as well as from telecenters, televillages, televillages, etc. organizational structures of the employer.
I. Remote work arrangement
1. Remote work is voluntary.
2.The terms and conditions for working remotely are agreed in a collective labor agreement or in an individual labor contract. In the individual employment contract, all conditions, rights and obligations of the parties under it, in relation to remote work and its implementation, are specifically entered.
3. The transition from work performed on the employer's premises to remote work may be the result of an additional agreement to the individual employment contract.
4With the individual or collective employment contract, the following can be agreed upon:
a) mixed modes of remote work, as well as the terms and conditions for their application;
b) possibilities and conditions for resuming work at the employer's premises
5. The specific type and nature of remote work, the conditions and procedure for its implementation are the subject of the individual employment contract.
6. With the individual and/or with the collective labor contract, or with the internal acts of the employer, standards/models can be adopted, through which:
a) organizes the assignment and reporting of the work,
b) reflects its content, volume, achieved results and other characteristics that are relevant for reporting the effectiveness of the work performed
II. Workplace. Technical equipment and workplace maintenance.
7. The telecommuter provides a designated workspace in his home.
8. Issues related to work, technical and other types of equipment at the workplace, obligations and costs for its maintenance, other conditions for delivery, replacement and maintenance of the equipment, as well as clauses with a view to the acquisition of individual elements of the equipment by the remote worker himself are agreed comprehensively and specifically in the individual employment contract.
9. The employer provides at his own expense:
a) the necessary equipment for performing the remote work, as well as consumables for its functioning
b) software provision;
c) technical prevention and maintenance;
d) requirements and instructions for working with the equipment and maintaining it in working order;
e) devices for communication with the remote worker;
f) data protection;
g) information necessary for working with the equipment and maintaining it in working order, as well as for legal requirements and rules, including those of the enterprise in the field of data protection, which the remote worker will handle during the work;
h) a monitoring system, if one has to be installed in the workplace and the consent of the worker has been obtained for this. In these cases, the remote worker's right to personal space must be respected;
i) other technical or documentary aids, according to the individual and/or collective labor agreement.
10. The remote worker is responsible for the proper storage and operation of the equipment provided to him. In the event of damage to the equipment or a breakdown in the information and/or systems used behind communicationsя is obliged to immediately notify the employer in a pre-arranged way or communication channel;
11. In the individual employment contract, the use of the telecommuter's own equipment can be stipulated, as can all relationships arising therefrom.
12. The individual and/or collective employment contract shall include clauses preventing misuse by the remote worker of the equipment, internet and communication connections provided to him. Outside of his direct work, the teleworker can use them within reason and good manners.
13. The employer provides in advance written information to the remote worker about the responsibility and sanctions, in case of non-compliance with the established rules and requirements, including and for the protection of official data, which is an integral part of his individual employment contract.
III. Organization of remote work andhealth and safety working conditions.
14. Remote workers enjoy all the rights related to the organization of work and the health and safety conditions of work, regulated in the Bulgarian legislation and the collective labor agreements valid for the enterprise, which are enjoyed by the workers/employees working on the employer's premises.
15. Responsibility for the safe and healthy working conditions at the workplace of remote workers lies with the employer, who is obliged to inform the remote workers about the requirements for work organization and about the healthy and safe working conditions, in accordance with national legislation, collective labor contracts, the internal rules of the enterprise, the company policy on safety and health at work and for all requirements and rules for the organization of work and when working with video displays.
16. The telecommuter is responsible for compliancethat of the company policy for work organization and for safety and health at work, as well as the rules and norms prescribed for health and safety at work.
17. The control for the correct implementation and compliance with the requirements and norms for health and safety working conditions is carried out as follows:
a/ Those working remotely have the right to request a visit to their home by submitting an application to the relevant division of the Main Labor Inspectorate.
b/ The employer and/or his representative, the representatives of workers and employees under Art. 7, para. 2 of the Labor Code, representatives of trade union organizations and the control bodies of the IA "Main Labor Inspectorate" have the right to access the workplace, within of what is agreed in the individual and/or collective labor contract with mandatory prior notification of the remote worker with his consent;
c/ Remote workers do not have the right to refuse access to the workplace without a serious reason for this.
IV. Work time. Holidays and vacations. Accounting for working hours.
18. The working hours of the teleworker:
a/ is established in the individual employment contract in accordance with the national labor legislation, the collective labor agreement and the relevant Regulations for the internal labor regulations.
b/is determined in compliance with the inter-day and weekly rest established by the Labor Code;
c/ corresponds in length to the working hours specified for those working on the employer's premises;
2. With the individual employment contract, the possibility of submitting:
– on overtime;
- night work;
– work during national holidays;
19. Under the conditions of the previous points, the remote worker himself organizes his working hours so that he is available and works at the time when the employer and his partners are in communication.
20. The standards for workload and work performance of the teleworker are the same as those of the corresponding workers/employees working on the employer's premises.
21. The actual time worked is reflected monthly in a document according to a template approved by the employer. The remote worker is responsible for the reliability of the data.
22. Persons working remotely:
a/ they themselves determine the breaks in their working hours in accordance with the provisions of the Labor Code, the Act on Health and Safety at Work and the by-laws related to their application, as well as the agreements in the individual and/or collective labor contract.
b/ use leave, by type, amount and order of use, in accordance with the provisions of the Labor Code, the by-laws, as well as the agreements in the individual and/or collective labor contract.
V. Labor Remuneration
23. The remuneration is determined by the individual employment contract, according to the provisions of the labor legislation and in accordance with the collective labor agreement and the rules for the organization of the company's salary.
24. The teleworker has the right to all additional remuneration established in the current legislation, the rules for the organization of the salary, the individual and/or collective labor contract.
25. The benefits of the social program of the enterprise are provided on a general basis also to remote workers, as well as to their families, when such are provided.
VII. Collective rights of teleworkers. Integration with those working on the employer's premises.
26. The remote worker has the same labor and trade union rights as employees working on the employer's premises.
27. In view of the right to information and consultation, remote workers can form an independent group to elect a separate representative for information and consultation under Article 7a of the Labor Code, if their total number exceeds 20 workers.
28. The employer provides opportunities for:
a/preventing the isolation of remote workers from those working in the employer's premises, such as:
- creates conditions for regular work or social meetings of remote employees in the employer's premises/offices;
- creates a company virtual space - chat, forum or other means through which office workers (those working on the employer's premises) and remote workers can communicate freely;
b/ access to company and professional information of the enterprise related to remote work performance;
29. Remote workers have the right to participate in the organizational and social life of the trade union organization in the enterprise of which they are members.
30. The conditions and possibilities according to the previous texts are guaranteed by clauses in the individual and/or collective labor contract, as well as the rules for the internal labor rules of the enterprise.
VIII. Qualification, retraining, training
31. Remote workers have the same access to training and career development opportunities as the corresponding workers on the employer's premises and are subject to the same assessment policy as other workers.
32. Remote workers receive appropriate training, tailored to the technical equipment at their disposal and to the characteristics of this form of work organization.
33. If necessary, the supervisor of teleworkers and his colleagues have the right to training in this form of work and its management.
IX. Final clauses
1. For all unresolved issues in this Agreement, the provisions of national legislation shall apply.
2. The parties to the Agreement propose to the Government of the Republic of Bulgaria to provide for the possibility of its application regarding civil servants working in an employment or service relationship.
3. The agreement can be amended and supplemented by the parties, according to the order of its conclusion. Any supplementary and/or amending agreement or annex is an integral part of this agreement.
4. The parties to this Agreement establish a permanent expert group. The composition of the expert group includes two (one main and one substitute) experts from each of the organizations that are party to it.
The expert group monitors the implementation of the Agreement, identifies possible difficulties and challenges and develops an annual analytical report with findings and proposals. The report of the expert group is provided to the organizations, parties to the Agreement, and by their decision to the Government through the Ministry of Labor and Social Policy.
5. The Permanent Group of Experts can give agreed interpretations on matters related to the implementation of the agreement. The members of the signatory organizations can separately or together refer to the established permanent expert group for clarifications on the content and application of the agreement.
6. The agreement was drawn up in 9 original copies, one for each of the signatories and one for the Council of Ministers. Copies translated into French or English shall be made available to the signatories of the European Framework Agreement.
H. IMPLEMENTATION CLAUSES OF THE AGREEMENT
In accordance with the European Framework Agreement on remote work and for the purposes of implementing this Agreement, the parties to it propose to the Government of the Republic of Bulgaria to submit to the National Assembly a Bill amending and supplementing the Labor Code with the following paragraphs:
§ 1. In Article 3 CT, three new paragraphs are created with the following content:
"(3) On issues within the scope of Article 3, Paragraph 1, agreements may be concluded between representative organizations of workers and employees and employers, including for amendments and additions to normative acts or for the adoption of new ones, provided that:
1. in the event of an initiative by the representative organizations, the prior consent of the government has been obtained;
2. in the event of an initiative by the government, prior consent has been obtained from the workers' and employees' organizations and the employers
(4) The implementation of the agreements under the previous paragraph is guaranteed by the Council of Ministers by legislative means, by exercising a legislative initiative or issuing a normative act from its powers.
(5) The conditions and procedure for reaching agreements are determined by rules adopted by the National Council for Tripartite Cooperation."
§2. A new §19 is created in the Additional Provisions with the following content:
"§19.(1) Based on:
1. The European framework agreement on teleworking, signed at the initiative of the European Commission on 16 July 2002 between the European Trade Union Confederation - ETUC, the Confederation of Industrialists and Employers - BusinessEurope, the European Association of Craftsmen and Small and Medium Enterprises - UEAPME and the European Center of Enterprises with Public Participation and Enterprises of Main Economic Interest - CEEP, together with the Joint Committee of the Council of European Professional Management and Management - EUROCADRES and the European Confederation of Executive Directors and Management - CEC, and
2. Article 139 of the Treaty establishing the European Community (TEC) and reaffirmed in Article 155, item 1 of the Treaty on the Functioning of the European Union (TFEU)
this law brings into force the agreements reached in the Agreement on the organization of remote work in the Republic of Bulgaria signed on 24.11.2010. between the nationally representative organizations of workers and employers"
SIGNED IN SOFIA ON NOVEMBER 24, 2010
BEHIND:
Confederation of Independent Trade Unions in Bulgaria:
/ Plamen Dimitrov, President/
Confederation of Labor "Support":
/Dr. Konstantin Trenchev, President/
Association of Industrial Capital in Bulgaria:
/Vasil Velev, Chairman of the Board/
Bulgarian Chamber of Commerce:
/Bozhidar Danev, Chairman/
Bulgarian Chamber of Commerce and Industry:
/Tsvetan Simeonov, Chairman/
BSCP "Vazrazhdane":
/Vanya Todorova, Chairman/
Confederation of Employers and industrialists in Bulgaria:
/Ognyan Donev, Chairman/
Union for Business Initiative:
/Prof. Dr. Borislav Borisov, Chairman/
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