EMCC European Monitoring Centre on Change

Bulgaria: Obligation to consider alternatives to collective dismissals

Bulgaria
Phase: Management
Type:
Obligation to consider alternatives to collective dismissals
Last modified: 17 June, 2019
Оригинални назив:

Кодекс на труда

Енглески назив:

Labour Code

Article

Article 130a

Description

In Bulgaria, companies envisage redundancies only as last resort and only after having considered all possible alternative options and/or identifying and implementing supporting measures (such as phasing planned measures over time, extending or reducing working time, seeking replacement activities). The employer is obliged to consult with trade unions about such alternatives. The trade unions may submit a statement to the Employment Agency (not compulsory) related to options for future employment of the dismissed employees.

 

Comments

In order to protect the interests and rights of employees, the Labour Code requires that the employer is obliged before the consultations with the social partners, to provide written information to the representatives of the trade unions and the representatives of the employees for the reasons for the dismissals envisaged. Such information needs to include the following information:

  • The number of employees to be dismissed and the main economic activities,
  • occupational groups and positions to which they relate,
  • the number of employees of the main economic activities,
  • occupational groups and positions in the enterprise,
  • the specific indicators for applying the selection criteria of the workers to be dismissed,
  • the period during which the dismissals will take place and the amount of due benefits related to the dismissals.

All this information could be used by the employee representatives and the employer to reach an agreement, to avoid or limit mass layoffs and mitigate their consequences.

In case of nonfulfillment of this employer's obligation, the representatives of the trade unions and the representatives of the employees have the right to alert the Executive Agency 'Labour Inspectorate' for non-observance of the labour legislation.

Cost covered by
Not applicable
Involved actors other than national government
  • Public employment service
  • Trade union
  • Other
Involvement others
Executive Agency "General Labour Inspectorate"
Thresholds
No, applicable in all circumstances
Sources
Useful? Interesting? Tell us what you think. Hide comments

Eurofound welcomes feedback and updates on this regulation

Add new comment