An employment contract is the main legal instrument that settles the relationship between the employer and the employee. Whether you are starting your first job, changing employers or managing a team, knowing the key aspects of employment law and the contents of an employment contract is essential.
In this detailed article we will look at what an employment contract is, what types exist, how it is concluded, amended and terminated, and what rights and obligations it brings to the parties.
According to the Labour Code of the Republic of Bulgaria, it is an agreement between the employee and the employer by the power of which the employee undertakes to perform certain work for remuneration, under the direction of the employer and during certain working hours.
The conclusion of an employment contract is the main legal form for the provision of work for pay. All other forms of employment that do not go through an employment contract (except for civil contracts in specific cases) can be considered illegal employment or so-called "undeclared work".
1. Open-ended employment contract
This is the most common and preferred form. It does not set a specific time limit for the duration of the employment relationship.
The employee may work indefinitely and the employment relationship is terminated upon the occurrence of the conditions provided for in the law or the contract.
Employee Benefits:
2. Fixed-term employment contract
It is concluded for a certain period of time - for example for 6 months, 1 year, or until the completion of a specific task:
Important: Fixed-term contracts cannot be renewed indefinitely - the law allows a maximum of 3 years with conditions.
3. Part-time employment contract
It is concluded when the parties agree to work less than 8 hours per day. For example, a 4-hour working day. All rights of the employee are proportional to the time worked.
4. Contract for homeworking and teleworking
They are possible for those working from home or remotely, for example freelancers, IT professionals, administrators, etc. The law allows for flexibility in work location and hours.
The employment contract must include:
Important: Any employment contract must be concluded in writing before commencement of employment and registered with the NRA.
Any change in:
must be reflected by an additional agreement signed by both parties.
The employer is not allowed to unilaterally change the main clauses of the contract, except in the cases expressly provided for by law (e.g. in the case of a temporary transfer).
1. By mutual consent (Art. 325(1) of the Labour Code)
The least painful way. Written consent of both parties is required.
2. With notice from the employee or employer (Art. 326)
3. Without notice (Art. 327 and Art. 330)
In certain cases, e.g. when the employer does not pay wages, there are serious violations or there are serious health reasons.
4. Disciplinary dismissal
Imposed in cases of serious misconduct such as:
Employee Rights:
Duties of the employee:
Employer's rights:
Duties of the employer:
The employer does not give a contractI
llegal work without a contract is common, especially in seasonal and low-skilled employment. This poses serious risks for the worker - lack of insurance, unsustainable income, inability to protect their rights.
Tip: Never start work without a signed and registered employment contract.
Verbal contract
A verbal contract is not valid under Bulgarian labour law. Even if there is an oral agreement, it has no legal value before the institutions.
Forcing employees to register as ‘self-employed’ instead of having an employment contract
Some employers offer employees to register as ‘self-employed’ instead of employing them on an employment contract to save on insurance. This is an illegal practice in a job that has the characteristics of an employment relationship (working hours, control, hierarchy).
If you think your rights have been violated:
The Labour Inspectorate has the power to inspect, impose fines and oblige the employer to comply with the law.
The employment contract is much more than just a signed piece of paper - it is the legal foundation of the employment relationship. A well-written and lawful employment contract protects both parties, creates predictability and ensures that the interests of both the employee and the employer will be respected.
To be protected and confident in your work, always:
The well-known adage "it is better to know your rights than to hope that they will not be violated" applies with full force in the field of employment relations.