BULGARIA Law and Practice Contributed by: Diana Milkova and Victoria Penkova, Penkova & Partners Law Firm
contract, the collective labour agreement, and the employer’s internal policies. The employer is responsible for providing, at its own expense, the necessary equipment and software to facilitate remote work, including devices for com - munication with remote employees (such as internet connectivity), data protection measures, and informa - tion about minimum safety and health requirements for the workplace where remote work is performed. The employer must also provide guidance on work - ing with the equipment, maintaining it, and comply - ing with legal requirements and rules. Additionally, the employer should establish a monitoring system and other technical or documentary aids as specified in the individual contract and/or collective labour agree - ment. Employees who perform remote work must provide written information to the employer about the char - acteristics of their remote workplace and adhere to the employer’s health and safety regulations, as well as company policies. The employer is required to inform the employee in writing, in advance, about the responsibilities and potential sanctions for non-compliance with the established rules and requirements, including those related to the protection of company data. 5.2 Sabbaticals An employee may be granted paid or unpaid sabbati - cal leave in accordance with the terms and proce - dures established in a collective agreement or through an agreement between the parties to the employment relationship. The period of unpaid sabbatical leave will count towards the employee’s length of service. 5.3 Other New Manifestations In recent years, particularly following the COVID-19 crisis, many employers have opted not to invest in office premises, instead offering more flexibility to employees through hybrid work models. This has led to the rise of desk sharing, where employees do not have fixed workspaces but instead use any available space when in the office.
Another emerging trend, though not legally regulat - ed, is the use of co-working spaces or office-sharing arrangements, particularly by employers with fewer than ten employees. These arrangements may raise concerns related to health and safety regulations. To address this, employers should ensure that relevant clauses regarding health and safety are included in their agreements with landlords or other employers.
6. Collective Relations 6.1 Unions
Employees have the right, without prior permission, to freely form trade union organisations of their own choosing, as well as to join and leave them on a vol - untary basis. Trade union organisations represent and protect employees’ interests before state bodies and employ - ers, particularly in matters related to industrial rela - tions, social security, and living standards. They achieve this through collective bargaining, partici - pation in tripartite co-operation, the organisation of strikes, and other legal actions. The bodies of trade union organisations within the employer’s organisation have the right to participate in the drafting of all internal rules and regulations relat - ed to industrial relations. The employer is required to invite them to participate in this process. Trade union organisations and their branches are enti - tled, at the request of employees, to represent them as authorised representatives before the court. 6.2 Employee Representative Bodies The general meeting of employees shall consist of all employees of the employer. It can be convened by the employer, by the leadership of the trade union organisation, or on the initiative of one-tenth of the employees. The general meeting will make decisions by a simple majority of the employees present, unless otherwise stipulated by the Labour Code, another law, or the organisation’s statute. At a general meeting, employees may elect repre - sentatives to represent their collective interests on
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