Please find below the second part of our study about the change of the Bulgaria legislation 2011 regards the Use of annual paid leave. If you have missed the first part please read it here first…
The employer is obliged to inform all employees of the approved schedule and to keep a copy thereof available to them at a suitable place in the enterprise.
– The schedule may also include the annual paid leave which usage has been postponed, as well as the unused up to 1 January 2010 annual paid leave for previous calendar years. Upon occurrence of concrete economic, technological, financial, market and other similar objective reasons, the schedule may be amended in accordance with the terms and conditions for its adoption, as mentioned above.
– As a result of the amendments the employer is entitled to unilaterally grant the use of the employee’s annual paid leave even without his/her written request or consent, provided that until the starting date of use, specified in the schedule, the employee has not requested the use of his/her annual paid leave. Before the amendments, the employer was entitled to do so in case that the employee has not requested the use of his/her paid leave within 5 working days after the starting date of use of the paid leave, specified in the schedule.
– Employees are entitled to postpone the use of up to 10 working days of their annual paid leave for the next calendar year. This can be done if justifiable reasons exist, upon submission of a written request to the employer and after the receipt of his consent. The Labour Code does not define the term „justifiable
reasons”. Therefore, they should be assessed by the employer on a case-by-case basis. It is important to
note that the number of days of annual paid leave that are postponed for use during the next calendar year, be it by the employee or by the employer, may not exceed 10 working days in total.
– A new provision regulates more clearly the two years prescription period, which was introduced by the
amendments from 30 July 2010, retaining the rule that the right to use annual paid leave extinguishes by the lapse of two years, starting as of the end of the year for which the paid leave is due, regardless of the reasons for the non-usage. There is no change of the condition providing that when the employee has not used his/her annual paid leave due to sick leave, maternity leave or leave for raising of a little child, or other type of leave set out in law, the two years prescription period starts to count as of the end of the year in which the reason for not using the paid leave have dropped out.
– It is also clarified that the unused annual paid leave for 2010 or part of it, including the paid leave that has been postponed by the employer according to Article 176, para 1 of the Labour Code, may be used until 31 December 2012.
– The text was repealed, which provided for delayed entry into force, as of 1 January 2012, of the amendments to Article 224, para 1 of the Labour Code, that were promulgated in the State Gazette, issue 58 of 30 July 2010 will come into effect on 1 January 2012. Thus, the said amendments should be considered effective as of 30 July 2010, which means that as of this moment onwards a monetary compensation will be due upon termination of the employment contract, for any unused annual paid leave accumulated after 1 January 2010 that has not expired by prescription as at the date of termination of the employment relationship.