When signing an employment contract, the employer must comply with certain statutory requirements intended to guarantee the rights and interests of workers and employees.

Minimum Age for Concluding an Employment Contract

The minimum age at which a person may conclude an employment contract is 16 years.

Persons aged between 16 and 18 years may be employed only with the prior authorisation of the Labour Inspectorate in each individual case. In addition, they must undergo a compulsory preliminary medical examination to certify their fitness to perform the intended work.

In exceptional cases, it is possible to conclude employment contracts even with persons under 16 years of age. For them, too, authorisation from the Labour Inspectorate is required, as well as a compulsory medical examination.

Form and Content of the Employment Contract

The employment contract must, as a mandatory requirement, be concluded in writing.

The contract is signed in person by the worker or employee, as well as by the employer. Signing may also be carried out through an authorised representative of the employer, but for this purpose the power of attorney must be express and notarially certified.

Minimum Mandatory Content of the Employment Contract

The Labour Code specifies the mandatory elements that must be included in the employment contract:

  1. Details of the parties – it is not necessary to state identity card numbers;
  2. Place of work – usually the town in which the employer is located is entered, unless otherwise agreed;
  3. Job title – it must correspond to the National Classification of Occupations and Positions;
  4. Nature of the work – a description of the activity that the employee will perform;
  5. Date of conclusion and commencement of performance – if the contract does not specify a particular starting date, the employee must report for work within a period of one week;
  6. Term of the contract – it may be for an indefinite period or for a fixed term. If the contract is for a fixed term, the period of validity or the grounds for its conclusion must be clearly stated – for example, until the completion of specific work, to replace an absent employee, and so on;
  7. The amount of the basic and the additional paid annual leave;
  8. The period of notice upon termination – it must be the same for both parties;
  9. The amount of the basic remuneration and the additional remuneration of a permanent nature, as well as the frequency of its payment;
  10. The duration of the working day or the working week.

In addition to these mandatory clauses, the parties may also agree on additional terms, provided that they do not contravene the law and do not worsen the worker's rights.

Notification to the НАП

Within 3 days of the signing of the employment contract, the employer is obliged to submit a notification thereof to the relevant territorial directorate of the National Revenue Agency (НАП).

The worker has no right to commence work before receiving a copy of the signed employment contract, as well as a copy of the notification submitted to the НАП.

Documents Required for Concluding an Employment Contract

Upon commencing work, the employee must present the following documents:

  1. An identity document – the employer has no right to make a copy of the identity card, but only to record the necessary data from it;
  2. A diploma, certificate, or other document evidencing education, speciality, qualification, professional competence, academic title, or academic degree – where there is such a requirement for the position. A copy of the document, certified "true to the original", is kept in the employment file;
  3. An employment record book or other document evidencing length of service in the speciality – only if a certain professional experience is required for the position;
  4. A medical certificate – upon first commencing work, or if the person has not been engaged under an employment relationship for a period exceeding 3 months (original);
  5. A criminal record certificate – required only if the position held requires certification of criminal history. For example, such requirements exist under:
    • The Private Security Activity Act;
    • The Road Transport Act;
    • Ordinance No. 34 on the taxi carriage of passengers;
    • Ordinance No. 33 on the public carriage of passengers and goods in Bulgaria.
  6. Authorisation from the Labour Inspectorate – mandatory for persons under 16 years of age or those between 16 and 18 years of age.

The employer has no right to require additional documents, unless they are provided for in a special law or statutory instrument. For example, a driving licence is required if the person is being appointed to the position of "driver".

Employment Record Book

When signing an employment contract, the worker is obliged to provide the employer with his employment record book. After the necessary data have been entered, the book is returned to him.

At the employee's request, the employment record book may remain in the safekeeping of the employer.

If the person is concluding an employment contract for the first time, the employment record book is issued by the employer. In this case, the employee declares in writing that he has not previously worked under an employment relationship. This declaration is kept in his employment file.

Commencement of the Employment Relationship

If the worker or employee fails to report for work within the agreed period, the employment contract is deemed not to have arisen.

The commencement of work must be documented in writing. Usually, a clause is included in the employment contract itself stating that the worker has commenced work on a specific date.

Should you need legal advice or assistance in connection with the conclusion and termination of employment contracts, or protection against unlawful dismissal, please contact us on 0887550706 or by e-mail: [email protected]