EMCC European Monitoring Centre on Change

Bulgaria: Staff information and consultation on restructuring plans

Bulgaria
Phase: Anticipation
Type:
Staff information and consultation on restructuring plans
Last modified: 14 June, 2019
Оригинални назив:

Кодекс на труда

Енглески назив:

Labour Code

Article

Articles 130b, 130c, 130d

Description

Preparations for restructuring processes have to be done as early as possible and must begin when the need to restructure is being contemplated, no later than 45 days before collective redundancies (within 30 days, at least 10 dismissals in companies with 20-99 workers, at least 10% in companies with 100-299 workers, at least 30 dismissals in companies with 300 or more workers) are realised. This preparation is carried out according to the methods and procedures negotiated at the sector level.

In the labour code, there is an obligation on the employer's side to inform and consult  trade union and employee representatives in line with EU information and consultation regulation on collective redundancies and transfer of undertakings, change of activities, economic situation and work organisation.  

The National Institute of Conciliation and Arbitration may participate in dispute resolution at the request of one of the parties, which must provide the following information:

  • reasons for the planned redundancies;
  • number of workers and employees to be made redundant and major economic activities, groups of occupations and jobs of the redundant employees;
  • number of employed workers and employees of the major economic activities, groups of occupations and jobs in the enterprise;
  • specific indicators for application of selection criteria for the workers and employees to be made redundant;
  • period during which redundancies will take place;
  • indemnities to be paid related to the redundancy.

 

Comments

Consultation normally takes place after the public announcement but cases of advanced consultations are gradually increasing. A total of 90% of collective agreements covering around 20% of the labour force contain conditions on collective redundancies.

Cost covered by
Not applicable
Involved actors other than national government
  • Employer organisation
  • Public employment service
  • Trade union
  • Other
Involvement others
National Institute of Conciliation and Arbitration
Thresholds
20
10
Sources
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