Since the beginning of March, the labor market in Bulgaria has become noticeably more active. There are more and more vacancies for Russian-speaking personnel on job search sites. Animators, administrators, waiters, cooks, cleaners, workers in laundries, bakeries and many other places where in the summer it is expected to make money on tourists are required. At the same time, it is no secret that not all Bulgarian employers properly register seasonal employees. In turn, a potential applicant is unlikely to delve into the legislation of the country where he plans to work for only a few months. Rather, without delving into the essence, he will sign a certain agreement, which, when verified, may turn out to be a "filkin letter". And this is a direct path to trouble. After all, there are many inspections in the upcoming tourist season. What do the activity and "catch" of the Main Labor Inspectorate during the winter season 2016-2017 mean?
"ALTERNATIVE" OPTION
Recall that in early March 2017, the state supervisory body of Bulgaria – the Main Labor Inspectorate (GIT) spoke about the numerous violations of labor legislation by the country's employers. One way to circumvent the law, which was popular in resort areas and which inspectors later classified as illegal, was to register foreign third-country nationals as being on "practical training". Most of the "trainees" in hotels and restaurants turned out to be citizens of Ukraine and Moldova. The scheme looked like this: workers arrived in Bulgaria on tourist and cultural exchange visas and went to work without concluding any labor contract. Employers presented to the inspectors contracts concluded between training organizations and partner enterprises – hotels, bars and restaurants.
At the same time, it was established that in In most cases, companies did have the necessary licenses to conduct training. The Bulgarian Law on Vocational Education and Training also allows for on-the-job and training internships in an enterprise as part of the training. But the inspectors of the State Labor Inspectorate collected enough indisputable evidence that the "trainees" were actually at their workplaces and for a monetary reward worked, in accordance with the established working day, in the positions of waiters, cooks, administrators, maids. At the same time, no employment contracts for internship or training were concluded with them, mentors were not appointed to them, and the necessary classes were not held, as required by the Labor Code.
As a result, the regulatory authorities had questions to the training organizations, which were suspected of the fact that, on the one hand, they illegally provided temporary work, on the other hand, they provided intermediary services without registration with the Employment Agency. At the same time, under the contract for practical training, they receive a monetary reward from hotels and restaurants for each "intern" sent. In this regard, the State Labor Inspectorate reminded employers of the rules for hiring foreign citizens from third countries in accordance with Bulgarian legislation.
HOW TO HIRE CORRECTLY
Employment of this category of citizens is regulated by the Law on Labor Migration and Labor Mobility, as well as explanations to it. The same regulatory documents describe the rules for the simplified admission of seasonal workers for up to 90 days. The responsible authority for ensuring access to the Bulgarian labour market for this category is the Employment Agency. The Bulgarian employer is obliged to notify the State Labour Inspectorate within seven days of the start of the actual work of the foreign national, so that the inspectorate can monitor the working conditions and the deadlines for its completion. For this purpose, special forms have been developed, which are posted on the website of the State Labor Inspectorate.
It is not difficult to detect and prove non-compliance with these requirements, as the inspections of the winter season 2016-2017 have shown. As a result of 375 inspections, 19 cases of the use of illegal labor of citizens from third countries were officially recorded. No doubts that during the upcoming summer season of 2017 the work of the State Labor Inspectorate will be improved. There will be more inspections, and the methods for detecting cases of illegal employment will be better and more diverse. If the simple requirements of the Bulgarian legislation are met, neither the employer nor the employee will have any problems.
Since last year, Bulgarian companies have indeed been allowed to hire employees from countries outside the European Union. In January 2017, sectors of the economy where seasonal employment is allowed were approved: agriculture, forestry and fishing, hotel and restaurant businesses. But, as the winter inspections of the State Labor Inspectorate have shown, employers are looking for "simpler" options. Therefore, potential applicants should still be guided by the legislation of the country in which they plan to work and check with the employer in advance about the rules of employment. Consequences of failure to comply with the requirements of the Law can be very deplorable for both parties. But if the employer, being in his country, somehow settles these problems, then the employee, in fact, without rights, may be left without work, lose time and money, and for violation of the visa regime may be deprived of the right to enter Bulgaria and other EU countries.
What are the options for official employment for foreigners in the Republic of Bulgaria, please read on the website of the Migration Center "Window to Bulgaria".
Sources: bnr.bg and www.mediapool.bg