New verification, documentation requirements to take effect for posted workers

3 Feb 17

BULGARIA

IMPACT – MEDIUM

What is the change? Bulgaria has implemented the EU’s posted workers directive, imposing new notification and documentation requirements on foreign companies sending employees to work in Bulgaria.

What does the change mean? A notification of secondment must be submitted by Feb. 10 for all workers currently on secondment in Bulgaria, regardless of their nationality. For new secondments, notification must be filed before the first day of work in Bulgaria. A new notification must be submitted within seven days when there are changes to the posting details. Companies will also be required to keep signed letters of assignment, payslips, timesheets and notifications of secondment on file and available for inspection in Bulgaria at all times during the assignment and for a year after the assignment ends.

  • Implementation time frame: Feb. 10.
  • Who is affected: Foreign companies, including EU/EEA companies, sending employees to work in Bulgaria.
  • Business impact: The changes add administrative steps and document retention requirements to the process of sending employees to work in Bulgaria.
  • Next steps: Affected businesses should become familiar with the new rules and be sure they are in compliance with all new requirements.

Background: Bulgaria implemented the new rules pursuant to the EU’s Enforcement Directive on Posted Workers. An online notification system is expected to be set up eventually, but for now, the notification requirement must be completed at the local office of the General Labour Inspectorate. Companies sending employees to Bulgaria must designate a person in Bulgaria who is able to make documents available upon request. Relevant documents—letters of assignment, payslips, timesheets and notifications of secondment—should be kept for at least a year after the secondment ends. For employees currently on assignment, all relevant documents from Jan. 6 forward should be retained.

BAL Analysis: Affected companies should make sure they follow Bulgaria’s new secondment procedures and documentation requirements. BAL is available to assist in the notification process or with any questions about what is required to stay in compliance with the new rules.

This alert has been provided by the BAL Global Practice group and our network provider located in Bulgaria. For additional information, please contact your BAL attorney.

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