Explore the remote work in Bulgaria, governed by the Labor Code’s “Additional Conditions for Remote Work.” Discover the benefits for both employers and employees, recent amendments enhancing flexibility, security, and accountability in the remote work environment.
Remote Work as per the Bulgarian Labor Code
Remote work is the prevailing model for modern IT professions. It allows employees to work from home, balancing work, and family commitments. Commuting time is saved, providing more personal hours. Employers benefit from home office satisfaction, talent acquisition, and reduced costs.
The Labor Code in Bulgaria thoroughly regulates remote work through its “Additional Conditions for Remote Work.” It defines as a “form of organized work outsourced from the employers’ premises and performed under an employment contract through the use of information technology, which was, or could have been, performed on the employers’ premises before it was outsourced.”
Employers should define and include the remote work location in the labor contract to ensure security for both parties in the employment relationship.
This allows the employer to monitor and control the implementation of assigned tasks.
On another note, any changes in the remote work location not initially outlined in the contract require an additional agreement. To maintain legal compliance, individuals or entities must register the changes with the National Revenue Agency.
The new provisions of the Labor Code in Bulgaria encompass several key aspects of remote work:
- Multiple Remote Work Locations
Under certain conditions, the employment contract can list multiple work locations. The employer can change the location for up to 30 days per year. The employee must request this in writing for it to be allowed. The contract or company rules must define the conditions.
- Right of Exclusion
The “right of exclusion” permits remote employees to refrain from responding to employer-initiated communication outside of working hours. This includes daily and weekly rest periods. Exceptions apply if conditions are agreed upon in the individual or collective labor contract.
- Regulation of Automated Systems for Tracking Working Hours
What is more, regulatory authorities regulate the use of automated systems, including algorithmic management systems, for tracking working hours. Upon request, the employer must provide the employee with data collected, processed, and stored by the information system. This ensures the employee’s rights and provides insight into decision-making processes.
- Reducing Employer Liability in Workplace Accidents
The adopted changes aim to regulate a basis for reducing the employer’s liability in case of a workplace accident involving a remote worker who has not followed safety and health rules. These changes aim to reduce the employer’s liability. This happens when the injured party contributes to a workplace accident through gross negligence. Also, when they fail to adhere to prescribed rules and norms for healthy and safe working conditions while working remotely.
In conclusion, the 2024 amendments aim to offer flexibility in work organization and ensure security for both parties in the employment relationship. This involves creating healthy and safe working conditions. Employers will have the ability to implement necessary measures for this. They’ll also be able to track and control working hours, as well as monitor the completion of assigned tasks.
For more information and assistance in your HR practice please contact Eurofast Payroll and HR professionals in Bulgaria at sofia@eurofast.eu.
Irina Trichkova
Payroll Specialist
Eurofast Sofia
sofia@eurofast.eu