BULGARIA Law and Practice Contributed by: Diana Milkova and Victoria Penkova, Penkova & Partners Law Firm
• employees elected as representatives of the work - force or health and safety representatives at work, for as long as they hold such positions; • employees who are members of a special negotiat - ing body or certain European organisations, for the duration of their performance of relevant functions; and • employees who are members of trade union lead - ership, during their tenure in such a position and for six months thereafter, but only with the prior consent of the trade union body designated by the decision of the central leadership of the trade union organisation. A pregnant female employee or a female employee undergoing advanced stages of in vitro treatment may only be dismissed with notice in very limited circum - stances, as specified in the Labour Code. An employee on maternity leave may only be dis - missed if the enterprise is being closed. These protections apply at the time the dismissal order is served. The employee has the right to challenge the legality of their dismissal either before the employer or in court, and to seek the following remedies: • the dismissal to be declared wrongful and revoked; • reinstatement to their previous position; • compensation for the period of unemployment resulting from the dismissal; and • modification of the grounds for dismissal. The employer, acting unilaterally, may revoke the dis - missal order before the employee files a legal action in court. Labour disputes concerning wrongful dis - missal will be reviewed by the regional court within three months of receiving the statement of action, and by the district court within one month of receiving the appeal. 8. Disputes 8.1 Wrongful Dismissal
If the employer or court orders the reinstatement of the employee, the employee may return to their pre - vious position by reporting to work within two weeks of receiving the reinstatement communication, unless the time limit is exceeded for valid reasons. If the dismissal is found to be wrongful by the employer or court, or if the grounds for termination are correct - ed, the change must be recorded in the employee’s labour book or, after 1 June 2025, in their electronic labour record. In the case of wrongful dismissal, the employee is entitled to compensation from the employer. This compensation will be equal to the employee’s gross labour remuneration for the period of unemploy - ment caused by the dismissal, but not exceeding six months. If, during this period, the employee has worked in a lower-paid job, they are entitled to the difference in wages.
8.2 Anti-Discrimination The employer shall ensure:
• equal remuneration for equal or equivalent work; • equal opportunities for training and professional growth and promotion; • equal criteria in imposing disciplinary sanctions and termination of employment contracts; • effective measures to prevent any form of discrimi - nation in the workplace in co-operation with the trade unions; and • that the workplace is adapted to the needs of per - sons with disabilities. In the event of failure to fulfil its obligations, the employer shall bear liability for acts of discrimination committed at the workplace, including by its employ - ees. Anti-discrimination claims may be brought before the Commission for Protection of Discrimination or before the regional court. The Commission for Protection of Discrimination may impose sanctions amounting from BGN250 to BGN2,000 (in case of a legal entity, the pecuniary
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