MR IVAILLO CALFIN
DEPUTY MINISTER-PRESIDENT
ON DEMOGRAPHIC AND SOCIAL POLICY,
MINISTER OF LABOR AND SOCIAL POLICY I
CHAIRMAN OF NSTS
REGARDING: Draft Resolution of the Council of Ministers on Amendments and Supplements to the Ordinance on the Conditions and Procedures for Issuing, Refusing and Revoking Work Permits for Foreigners in the Republic of Bulgaria
DEAR MR CALFIN,
With the proposed changes, it is envisaged to drop the requirement to conduct a market test for highly qualified specialists from third countries to work in Bulgaria, introducing requirements for concluding contracts with them for a period of not less than 12 months and a basic salary - three times the amount of the average salary for the country, as well as the fact that the Minister of Labor and Social Policy, on the proposal of the nationally representative employer organizations and after coordination with the NSNZ and the National Labor Migration Council, will annually determine the list of professions for highly qualified specialists who will benefit from the reliefs proposed in the draft decree.
In the years after the introduction in 2011 of the procedure for issuing the so-called "blue cards", KRIB together with its members - branch organizations from the ICT sector - conducts an active dialogue with representatives of the executive power and the state administration, for its easing in terms of deadlines and requirements.
That is why we welcome the actions taken by the state in this direction.
We have no additions to the proposed texts for changes in the Ordinance, but what continues to worry us is the lack of proposals for the actual deadlines for issuing the relevant work permits, assuming responsibilities on the part of the involved institutions in the event of a delay in the issuance of the relevant documents. sanctions etc.
From the Project of PMS presented in this way to amend and add to the Ordinance and the corresponding justification for it, it is not clear whether changes are foreseen in the direction of reducing the deadlines for issuing the documents / our proposal in the dialogue with the administration was that the procedure should not take more than four weeks /, as well as the acceptance and receipt of the documents in one place and from one institution will be carried out - so-called "one stop shop", which should be largely tied to the overall concept of e-government.
In this regard, our expectations are related to a detailed description and clarification of the process, so that it is as clear as possible, both for the employees of the state administration and for us from the business.
Regarding the so-called "List of professions", which will be annually updated and approved by the Minister of Labor and Social Policy, we appeal for the development of adequate criteria for its compilation.
Regarding the introduced salary threshold of three average salaries for the country, we believe that the proposal could be reconsidered and brought into line with the provisions of Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. According to the Directive, the gross annual salary cannot be lower than 1,5 times the average gross annual salary /SBRZ/ in the respective member state. According to the directive, when applying a derogation for certain groups, this threshold can be even lower – 1,2 times the SBRZ. In this regard, we suggest that the text of the new Art. 19a, Para. 3, Item 1, providing for the introduction of a minimum salary threshold of at least 3 times the average salary for the country, to be brought into line with the directive and the proposed remuneration to become the -about 1,5 times SBRZ.
In general, we consider that the presented changes are appropriate, given the shortage of personnel in some sectors of the economy, such as the "Information and Communication Technologies" sector.
We would like to explicitly emphasize that, in reality, unemployment in the ICT industry has been negative for more than 10 years, and retraining opportunities are severely limited.
Many of the companies are engaged in initiatives to support education at all levels. Unfortunately, the effect of an educational reform, even if it starts immediately, will be visible only after a few years.
We are aware of the great need and have repeatedly raised the issue of the need for reform in the education system as a long-term measure.
That is why the measure, the implementation of which will allow to reduce the current shortage of personnel in the short term, is precisely the easing of the procedure for issuing the so-called "blue cards".
We believe that the measure will not lead to social tension and loss of jobs for Bulgarian citizens, neither in the short term nor in the long term.
With respect,
Eugene Ivanov
Ex. director
http://www.turbulence.tech