We will continue our previous two posts about the changes in the Bulgarian Legislation concerning the labour activity by foreign individuals.
In compliance with the Ordinance for the conditions and the provisions for the business trips, the Work permit shall be issued by the Bulgarian Employment Agency and the registration of the employment shall be done prior to the entering Bulgaria of the foreign individual. The entire procedure for the registration of the sent on business trip foreign individuals shall be conducted by the local person who is the accepting party. The accepting party could be either local legal or local individual person. In compliance with para 1 from the final provisions of the Ordinance for the conditions and the provisions for the business trips: “’local person’ is every registered under the Bulgarian legislation company or physical person who uses for his activities the services of sent on a business trip employee or worker”.
The foreign individuals, sent on a business trip to the Republic of Bulgaria by their foreign employers shall work in observance of the Bulgarian Employment legislation /working week, minimum wage, paid leave, health and safety at work and etc./.
The local person which is the accepting party for the foreign employees sent to a business trip in Bulgaria shall ensure the observance of the Bulgarian Employment legislation. Furthermore, the local person is obliged to present before the authorities of the respective Employment Agency’s Labour office /where the work from the sent on business trip foreign individual will be executed/ the statutory required documentation: Application, Evidences for the claim, company documents of both the accepting party and the foreign company and etc.
In compliance with art.9 from the Ordinance for the conditions and the provisions of issuing, refusal and suspension of Work permits to foreigners in the Republic of Bulgaria, the Work permit shall be issued for the time of rendering the service or the period of the Business trip but not longer that 1 year. The term can be extended if the conditions are still existing.
For the foreign individuals working on labour contract, the work permit can not be longer than 3 years /art.10 from the Ordinance for the conditions and the provisions of issuing, refusal and suspension of Work permits to foreigners in the Republic of Bulgaria/.