In connection with the package of measures provided to us, which are aimed at provisions in the labor and insurance legislation, the Confederation of Employers and Industrialists in Bulgaria expresses the following position, which was already presented to the labor and insurance commissions of the National Council for Tripartite Cooperation, namely :
1. Measure 71 - issuing an order for the termination of an employment contract of a worker or an employee, when the worker or employee cannot submit an application for the termination of an employment contract to the employer – In cases where an employer ceases to operate but cannot be found at the management address specified in the employee's employment contract, he/she cannot submit a notice to terminate his/her employment contract. If, after an inspection carried out jointly by the control bodies of GIT, NOI and NRA, it is established that the employer has actually ceased its activity, the employment contract is considered terminated from the date of filing the application in GIT. The application is made personally by the worker or the employee on site at the GIT.
KRIB supports the proposal in art. 327, para. 2 of the CT, to provide for the possibility of submitting the application by mail through a licensed postal operator or by electronic means, subject to the provisions of the Law on electronic documents and electronic signatures.
2. Measure 72 - audit book certification - Pursuant to the provision of the CT, the control bodies shall enter in the audit book the content of the documents for administrative violations in the cases where the same were compiled during the inspection and cannot be delivered immediately. The mode of certification of the audit book creates unnecessary difficulties both for employers, who should present a new audit book for certification when opening each new site or workplace, and for labor inspectors, who should carry out the certification. With these services, the use of documents by electronic means is impossible, since the certification is carried out in a laced and numbered book. As technology advances, the obligation of a bound and numbered book is obsolete and the service should be phased out.
KRIB supported the proposal for the repeal of the provision of art. 408 of the Civil Code regarding the requirement that employers have and keep an audit book and repeal of the provision of art. 416, para. 2 of the Civil Code.
3. Measure 73 - registration of a collective labor agreement
KRIB does not support the measure. He believes that the idea itself is not clearly and unambiguously defined. In principle, we are for the collection of information to be done by one administrative structure, but the fact that the GIT only registers CTDs, while NIPA is the institution that analyzes this information, and its functions must be preserved, must be clearly distinguished. The registration of CTD in GIT and the maintenance of the information system by NIPA for CTD have different purposes and under the current norms, GIT provides data to NIPA.
4. Measure 74 - establishment, investigation, registration and reporting of occupational accidents - The process of declaring accidents is long and accompanied by the subsequent filling in and submission of other documents of a different source and nature. When the circumstances under which the accident occurred give reason to assume that it was work-related, the insurer is obliged within 3 working days of learning about its occurrence to submit a declaration to the TP of the NOI on a form approved by the manager of the NOI. When there is more than one injured person, the declaration is submitted for each injured person. The declaration is submitted in 4 copies, of which two remain in the TP of the National Insurance Institute, one is given to the victim or his heirs and one to the insurer.
KRIB supported the proposal in the part relating to providing the possibility to submit the necessary data electronically, and we do not support the proposal that in the case of more than one injured person, the declaration should be submitted simultaneously for all injured persons.
5. Measure 75 - extension of working hours - To extend working hours for production reasons, the employer is obliged to issue an order 3 days before the extension and to notify the Labor Inspectorate within 2 days of issuing the order. The order is issued after prior consultation with the representatives of the trade union organizations and the representatives of the workers and employees. This requirement complicates the procedure for obtaining permits, because in most cases the extension has to be done operationally, and the consultations with the representatives of the trade union organizations and the representatives of the workers, as well as the notification of the GIT, take too much time. The procedure that was made to protect the workers does not work.
KRIB supported the proposals related to the notification of the GIT, as well as the requirement of prior consultation with the representatives of the trade union organizations and the representatives of workers and employees and the creation of the possibility of keeping an electronic book for reporting the extension and compensation of working hours after an order has been issued by the employer.
6. Measure 76 - overtime
KRIB supports the proposals the overtime work situation should be reported to the GIT once a year - by December 31, and not twice a year, as it is at the moment, also the keeping of a special book should be omitted, since there is an order issued by the employer and there is no need to keep a special book book, as well as to drop the notification of the GIT. We demand an increase in the duration of overtime from 150 to 300 hours within a calendar year, as well as the abolition of such a limitation.
7. Measure 77 - receiving a declaration under Art. 15 of the ZZBUT - Pursuant to the requirement of Art. 15, Para. 1 of the ZZBUT, once a year employers fill out and submit a declaration to the GIT. When there is no change in the circumstances subject to declaration, they do not submit an annual declaration, but employers are obliged to notify GIT in writing by April 30 that there is no change in the circumstances. Written notices create an additional administrative burden on businesses. In practice, the administrative burden for the employer is not reduced, because instead of an annual declaration they send a notification to the GIT.
KRIB supports the proposal to drop the obligation of employers who do not have a change in circumstances to submit a notification to this effect.
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