Draft Law on Labor Migration and Labor Mobility

MR IVAILLO CALFIN
DEPUTY MINISTER-PRESIDENT
ON DEMOGRAPHIC AND SOCIAL POLICY,
MINISTER OF LABOR AND SOCIAL POLICY I
CHAIRMAN OF NSTS

REGARDING: Draft Law on Labor Migration and Labor Mobility

DEAR MR CALFIN,

The Confederation of Employers and Industrialists in Bulgaria supports the bill as a whole. Our objections mainly boil down to the proposed text of Article 18, paragraph 3, which refer to the minimum salary threshold when concluding an employment contract with a foreign worker from a third country in a position from a single group of professions from the National Classification of Professions and the positions included in the List of professions for which there is a shortage of highly qualified specialists, which is annually updated by the Minister of Labor and Social Policy.

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 Article 18, paragraph 3, providing for the introduction of a minimum salary threshold of at least 3 times the average salary for the country, be brought into line with the directive and the proposed remuneration become at least 1,5 times SBRZ.

With respect,
Eugene Ivanov
Ex. director