Bulgaria

Global Compliance Guide

Labor Requirements

The Bulgaria Labor Code regulates the labor relations between the employer and the employee. The Labor Code governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, employment relationships. 

Hours & Pay Regulations

Normal Working Hours

An employee’s normal working hours in a 5 days work week is 8 hours per day and 40 hours per week. 

 

The maximum duration of a work shift in the calculation of working hours shall not exceed 12 hours including overtime, and the duration of the working week may not exceed 56 hours including overtime. For employees who have reduced working hours the duration of shift can be increased up to 1 hour above their reduced working hours per day.

 

Summary Calculation of Working Hours

Summary calculation of working time allows flexible structuring of working time and allows calculations to use an average based over several weeks, therefore allowing long working hours in any given day, as long as the average stays within the 8-hour maximum limit. Any leave time, irrespective of the ground, i.e. annual paid leave or sick leave, will no longer be treated as “working time” for the purposes of summary calculation of working hours. 

 

The employer may establish a summary calculation of the working hours under conditions and by an order determined by the Ministry. The employer shall determine a period for which a summary calculation of the working time shall be established, with a duration of 1 to 4 months. A summary calculation of the working time for the employees with a non-standard working day is not allowed. Employees shall be entitled to a premium of 50 % for overtime work with the summarized calculation of working hours. Labor Code, Sec 136, 139, 142, 262.

 

Recording Requirement

The employer is required to keep a record for overtime work, any extension of working hours, and also the compensation paid for working hours to employees. Labor Code, Sec 149.

 

Shift Work

Work in a workplace may be organized in two or more shifts when it is required by the nature of the production process.

 

The work shift is considered a mixed shift when it includes day work and night work. A mixed work shift with 4 or more hours of night work is considered night work and with less than 4 hours of night work, is considered day work. Employees are not allowed to work 2 consecutive work shifts. Labor Code, Sec 141.

Overtime

The duration of the overtime work during one calendar year for an employee shall not exceed 150 hours. The overtime time limit can be increased via a collective agreement, but it shall not be more than 300 hours in a calendar year. The duration of the overtime work may not exceed:

      • 30 hours in case of daytime work or 20 hours in night work in 1 calendar month;
      • 6 hours in case of daytime work or 4 hours in night work in 1 calendar week;
      • 3 hours in case of daytime work or 2 hours in night work in 2 consecutive working days.

Remuneration for Overtime Work

Employees shall be entitled to a premium of 50% on the regular rate of pay for working overtime & a premium of 50 % for work with the summarized calculation of working hours. 

 

Overtime Exceptions

Employees shall be allowed to work overtime for work in connection with the country’s defense, for work performed for the ministry of interiors, for preventing, controlling, and overcoming the results of disasters, for urgent social necessary works. For emergency recovery work like repairs etc, for work that cannot be completed during regular work hours or for seasonal work. 

 

Extension of Working Hours

The employer may, with a written order, extend the working hours for production reasons, on some working days and compensate for the extended working day by reducing the other days. 

 

The duration of the extended working day shall not exceed 10 hours excluding overtime, and for employees with reduced working hours – up to 1 hour above their reduced working hours. In these cases, the length of the working week may not exceed 48 hours including overtime, and for employees with reduced working hours 40 hours. The extended workdays shall be allowed up to a period of 60 working days in a calendar year but not exceeding 20 consecutive working days. 

 

The employer shall compensate for the extension of the working hours by reduction of other days within 4 months for each extended working day. If the employer does not compensate for these days within 4 months, the employee has the right to determine the time during which the extension of the working hours will be compensated by reducing it, notifying the employer in writing at least two weeks in advance. If the employee is terminated before the compensation is given for the extension of working hours by reduction of other days within 4 months for each extended working day, such difference to the normal working day is paid at the overtime rate.  

 

Reduced Working Hours

Reduced working hours shall be established for employees who perform work under specific conditions when the risks to their life and health are high and cannot be eliminated regardless of the measures taken. The reduction of working hours leads to a reduction of the risks to their health & life.

 

The types of work for which reduced working hours are to be established shall be determined by an ordinance of the government authority. Labor Code, Sec 136-137, 142.

 

Working hours under an employment contract for additional work – The maximum duration of the working hours under an employment contract for additional work together with the duration of the working hours may not be more than 48 hours a week. The duration of the working hours is calculated for a period not longer than 4 months. Labor Code, Sec 113.

 

Work on Non-Standard Workday

Employers after consultation with the trade union may establish a non-standard workday for some employees. A non-standard working day may not be established for employees with reduced working hours. Employees with a non-standard working day shall be obliged, if necessary, to perform their labor duties even after the expiration of the regular working hours. The employees have the right to rest at least 15 minutes after the expiration of the regular working hours. The total duration of the working hours on a non-standard workday may not violate the uninterrupted daily and weekly rest.

 

Employees who do work on a regular working day for a non-standard work day are compensated by additional paid annual leave of at least 5 extra days. For overtime work performed on a regular working day by employees for a non-standard working day, no remuneration is paid.

 

If an employee performs overtime work on weekends and holidays for nonstandard workdays the premium amount will be determined by the rules for overtime pay i.e. at least an increase of 75% – for work on weekends and an increase of 100% – for work on public holidays. Labor Code, Sec 146, 144 & 150, 262, 156(2).

Night Work

Work performed between 10 pm to 6 am is considered night work. The weekly working time for employees working at night in a 5-day working week shall not exceed 35 hours. The daily working time for employees working at night in a 5-day working week shall not exceed 7 hours.

 

Employees whose regular working hours include at least 3 hours of night work as well as employees who work in shifts, one of which includes at least 3 hours of night work, shall be considered as employees who perform night work.

 

Pay for Night Work

Effective January 1, 2021, in accordance with the ordinance passed, employees shall be given an additional remuneration of no less than 0.15% of the minimum wage for each hour of night work performed. 

 

Pay for Overtime Work at Night

Employees shall be entitled to a premium of 50% on the regular rate of pay for working overtime at night. Labor Code, Sec 140-140A and Decision № 156 OF 21 JULY 2020, Sec 1. 

Breaks

The employer shall provide the employee with an unpaid meal break of not less than 30 minutes. The breaks shall not be included in the working hours. In workplaces with uninterrupted work, the employer shall provide the employee with meals during working hours. Labor Code, Sec 151. 

 

Daily Rest

The employee shall have the right to uninterrupted daily rest, which may not be less than 12 hours. Labor Code, Sec 152.

 

Weekly Rest

An employee shall be entitled to a weekly rest in the amount of two consecutive days in the case of a five-day working week, one of which shall begin on Sunday.  The employee is provided with at least 48 hours of uninterrupted weekly rest.

 

In the summary calculation of working hours, uninterrupted weekly rest is not less than 36 hours. If there is a change of shifts in the summary calculation of working hours, the uninterrupted weekly rest may be in a smaller amount than the rest but not less than 24 hours, in the cases when the actual and technical organization of the work in the enterprise imposes this.

Work On Rest Days

Pay for Overtime on Weekly Rest

Employees shall be entitled to a premium of 75% on the regular rate of pay for working overtime on the day of rest. For overtime work performed on the two days of the weekly rest in case of daily calculation of the working hours, the employee shall also be entitled to uninterrupted rest during the following working week in the amount of not less than 24 hours. Labor Code, Sec 153 & 262.

Public Holidays

Bulgaria has the following 14 official holidays:

      • January 1 – New Year;
      • March 3 – Day of the Liberation of Bulgaria from the Ottoman yoke – a national holiday;
      • May 1 – Day of Labor and International Workers’ Solidarity;
      • May 6 – St. George’s Day, Day of Courage and the Bulgarian Army;
      • May 24 – Day of the holy brothers Cyril and Methodius, of the Bulgarian alphabet, education, and culture, and of Slavic literature;
      • September 6 – Union Day;
      • September 22 – Independence Day of Bulgaria;
      • November 1 – Day of the People’s Awakeners – absent for all schools;
      • December 24 – Christmas Eve, 
      • December 25 and 26 – Christmas;
      • Good Friday
      • Good Saturday
      • Easter Sunday 
      • Easter Monday.

When the public holidays with the exception of the Easter holidays, coincide with Saturday and/or Sunday, the first or the first two working days after them are considered as non-working days.

 

The government authority may declare holidays in order to pay public tribute to important historical, political, cultural, or other particularly significant events, as well as days of celebration of certain professions and for gratitude.

 

Pay for Work on Public Holidays

Employees shall be entitled to a premium of 100% on the regular rate of pay for working on Public Holidays.

 

Pay for Overtime work on Public Holidays

Employees shall be entitled to a premium of 100% on the regular rate of pay for overtime work on Public Holidays. Labor Code, Sec 154, 262 & 264.

Annual Leave

An employee shall be entitled to 20 working days after 4 months of service with the employer. 

 

Employees shall be entitled to an extended paid annual leave depending on the special nature of the work, which shall include the basic paid leave given above. The categories of employees and the minimum amount of this leave shall be determined by the government authority.

 

The employee is entitled to additional paid annual leave:-

      • For work under specific conditions and risks to life and health, which cannot be eliminated, limited, or reduced, regardless of the measures taken of not less than 5 working days;
      • For work on a non-standard working day – not less than 5 working days.

An employee, who professes a religion, different from the Eastern Orthodox one, the employer shall allow the employee, at their choice the use of part of the annual paid leave for the days of the respective religious holidays, but not more than the number of days for the Eastern Orthodox religious holidays under the public holiday rules.

 

The employer shall have the right to provide the paid annual leave to the employee without the employee’s consent for more than 5 working days when the leave is provided to all employees simultaneously as well as in the cases when the employee after an invitation from the employer has not requested his leave until the end of the calendar year for which it is due.

 

Use of Leave – The employee shall use his paid annual leave by the end of the calendar year in which it’s due. Hence an employee can use the paid annual leave until the end of the respective calendar year unless its use is postponed. If the paid annual leave coincides with another type of paid or unpaid leave, the use of the paid annual leave is interrupted, and the remaining annual leave shall be postponed to another working day by agreement between the employer and employees.

 

Postponement of Use of Leave – The use of the paid annual leave may be postponed for the next calendar year by – 

        • the employer due to important production reasons;
        • the employee when he uses another type of leave or at his request with the consent of the employer.

When annual leave is postponed or not used until the end of the calendar year in which it is due, the employer shall ensure the employee uses it during the next calendar year, but no later than 6 months, for which it is applied. If the employer has not allowed the use of the leave the employee shall have the right to determine the time of its use by notifying the employer in writing at least 14 days in advance.

 

At the beginning of each calendar year (but not later than 31 January), the employer is obliged to notify each employee in writing of the amount of paid annual leave that he is entitled to use during the year, including delayed or unused leave from the previous year.

 

Expiration of the right of use – When the paid annual leave or part of it has not been used until the expiration of two years from the end of the year for which it is due, regardless of the reasons for this, the right to use it shall expire. When the paid annual leave has been postponed, the right of the employee to use it shall be denied after the expiration of two years from the end of the year in which the reason for not using the leave began.

 

Vacation Pay

The employer shall pay the employee remuneration, which shall be calculated by the average daily gross remuneration accrued for the last calendar month preceding the use of the leave during which the employee has worked at least 10 working days. When there is no month in which the employee has worked at least 10 working days with the same employer, the remuneration shall be determined by the basic and additional labor remunerations agreed in the employment contract.

 

Annual Leave on Termination of Employment – Upon termination of the employment relationship before acquiring 4 months of work experience the employee has the right to compensation for unused paid annual leave.

 

After the termination of employment, the employee shall be entitled to remuneration for unused paid annual leave for the current year in proportion to the length of service along with the remuneration for postponed unused leave. Labor Code, Sec 154-156, 172-173, 175-178, 224. 

Minimum Wage

Effective January 1, 2021, the amount of the minimum monthly salary for Bulgaria is BGN 650, and the minimum hourly salary of BGN 3.92 for a normal working time of 8 hours and for a 5-day working week.

 

 

 

The minimum wage stated above may not be up to date and subject to change. Please refer to the link for the latest wage rates.

Special Leave

Sick Leave

An employee shall be entitled to leave in case of temporary incapacity for work due to general illness or occupational disease, occupational accident, for sanatorium treatment and in case of urgent medical examination or examination, quarantine, removal from work prescribed by the health authorities, care for a sick or quarantined family member, urgent accompaniment of a sick family member for a medical examination, examination or treatment, as well as for caring for a healthy child returned from a childcare facility due to quarantine in the facility or the child.

 

For the time of leave due to temporary incapacity for work of the employee monetary compensation is paid in terms and amounts determined by a social security law. The right to monetary compensation for the time of leave due to temporary incapacity for work is acquired as of the day of occurrence of the temporary incapacity for work the person is insured for general illness.

 

Pay – Employees shall be paid for the first 3 working days of the temporary incapacity at 70 percent of the average daily gross remuneration for the month in which the temporary incapacity for work occurred, but not less than 70 percent of the average daily agreed remuneration. If the person does not have the required 6 months of insurance, he is not entitled to remuneration for the first 3 working days of temporary incapacity for work. 

 

The daily cash benefit for temporary incapacity for work due to general illness is calculated in the amount of 80 percent, and for temporary incapacity for work due to an accident at work or occupational disease – in the amount of 90 percent of the average daily gross salary or average daily insurance income. The daily cash benefit for temporary incapacity for work due to general illness may not exceed the average daily net remuneration for the period from which the benefit has been calculated.

 

The cash benefit for temporary incapacity for work due to general illness, accident at work, and occupational disease is paid from the first day of the occurrence until the recovery of working capacity or until the establishment of disability. Labor Code, Sec 162.

Maternity Leave

An employee shall be entitled to paid leave due to pregnancy and childbirth in the amount of 410 days for each child, of which 45 days must be used before birth. If the birth takes place before the expiration of 45 days from the beginning of the use of the leave, the remainder shall be used after the birth.

 

When the child is stillborn, dies, or is placed in a childcare institution on full state support or for adoption, the mother shall have the right of leave until the expiration of 42 days from birth. If the mother is not able to work after the end of the 42nd day as a result of childbirth, this leave is extended at the discretion of the health authorities until her ability to work is restored. Until the expiration of the term, this leave shall be paid as maternity leave.

 

When the child is given for adoption, shall be placed in a childcare institution on full state support or shall die after the 42nd day of the birth, the leave shall be terminated from the next day. In such cases, if the mother’s ability to work has not been restored as a result of the birth, this leave is extended at the discretion of the health authorities until her ability to work is restored.

 

Employees who are enjoying maternity leave and the child is accommodated via placement of the child with a family of relatives or friends, as well as placement of a child to be reared by a foster family the employee has the right to maternity leave in the amount of the difference from the age of the child on the day of his / her placement until the expiration of the term of the due maternity leave. This leave may not be used simultaneously with the maternity leave.

 

Pay – The employee shall be paid monetary compensation under conditions and in amounts, determined by social security law. The cash benefits of the self-insured employee for the entire period of temporary incapacity for work and in case of pregnancy and childbirth are at the expense of Social Security. Labor Code, Sec 163, Social Security Law.

 

Breastfeeding Break

An employee shall be entitled to paid breastfeeding break until the child reaches the age of 8 months for 1 hour two times a day. or with employees consent for 2 hours at one go. For an employee who works on a reduced working day of 7 hours or less, this break is 1 hour per day. After the child reaches the age of 8 months, this leave is 1 hour per day and is allowed to the employee at the discretion of the health authorities, while it is necessary to breastfeed the child.

 

If an employee has twins or a premature child, the amount of the break shall be 3 hours per day until the child reaches the age of 8 months and 2 hours each after the age of 8 months, while at the discretion of the health authorities it is necessary to breastfeed. In these cases, if the employee works on a reduced working day of 7 hours or less, the initial amount of breastfeeding break is 2 hours, and after 8 months of age, 1 hour per day. The break can be used in two intervals and with the consent of the employer.

 

This break under the conditions and in the amounts shall also be given both to the adoptive mother and to the mother of a found child. Labor Code, Sec 166. 

Paternity Leave

When the mother and the father are married or live in the same household, the father is entitled to 15 days’ leave for the birth of a child from the date of discharge of the child from the medical institution. With the consent of the mother after the child reaches the age of 6 months, the father may take leave for the remainder of up to 410 days instead. When the father is unknown, the leave can be used by one of the mother’s parents.

 

When the father has died, the leave can be used by one of the mother’s or father’s parents. When the child is accommodated via placement of a child with a family of relatives or friends, as well as placement of a child to be reared by a foster family, with the consent of the employee after the child reaches the age of 6 months, her spouse may use leave for the remaining up to 410 days instead.

 

Pay – The employee shall be paid monetary compensation under conditions and in amounts, determined by social security law. Labor Code, Sec 163. 

Leave for Raising a Child of up to 2 years of age

After using the leave entitled for pregnancy, childbirth, or adoption, if the child is not placed in a childcare facility, the employee is entitled to additional parental leave until the child reaches the age of 2. The leave is with the consent of the mother or adoptive mother shall be allowed to the father (adoptive parent) or to one of their parents when they work under an employment contract.

 

During leave, the mother (adoptive mother) or the person who has taken over the upbringing of the child shall be paid monetary compensation under conditions and in amounts, defined in social security law. If the leave is interrupted by means of an employment contract, the employee shall be monetarily compensated by social security insurance. Labor Code, Sec 164. 

Leave to Raise a Child placed with Relatives or in a Foster Family

The right to leave for raising a child up to the age of 2,  shall be provided to the employee with whom a child has been placed under the procedure of placement of a child with a family of relatives or friends, as well as placement of a child to be reared by a foster family. If the child is accommodated with spouses, the leave shall be used only by one of them. Monetary compensation shall be paid under conditions and in amounts, determined in social security law. Labor Code, Sec 164A.

Adoption Leave

An employee, who adopts a child up to 5 years of age, is entitled to leave for a period of 365 days from the day of the transfer of the child for adoption, but not later than reaching the age of 5 years. When the child is adopted by spouses, the leave with the consent of the adoptive parent may be used instead by the other adoptive parent after 6 months from the day of transfer of the child for adoption, but not later than reaching the age of 5, when working under an employment contract. 

 

When the adoptive parent has died, the leave may be used by one of the adoptive parent’s parents or the adoptive parent when working under an employment contract. With the consent of the employee who has adopted a child herself, after the expiration of 6 months from the day of transfer of the child for adoption, one of the employee’s parents may use the leave instead of the employee when working under an employment contract.

 

Employees shall be paid monetary compensation by the state social insurance for the leave if the leave is interrupted by an employment contract. After using the leaves, when the child has not reached the age of 2 and has not been placed in a childcare institution, the adoptive parent or the person who has taken care of the child shall be entitled to additional leave for raising a child until the child is 2-year of age.

 

When the adoptive parents are married, the adoptive parent shall be entitled to 15 days leave for adoption of a child up to 5 years of age from the day of transfer of the child for adoption, but not later than the age of 5 years. age. Labor Code, Sec 164B.

Leave in case of death or serious illness of a parent or adoptive parent

When the mother of a child under 2 years of age or the adoptive parent of a child under 5 years of age dies or becomes seriously ill, due to which she cannot take care of the child, in such cases the respective part of the maternity leave, adoption, and parental leave is used by the father. 

 

With the father’s consent, these leaves may be used by one of his parents or by one of the parents of the deceased or seriously ill mother of the child when working under an employment contract.

 

When the mother of a child under 2 years of age or the adoptive parent of a child under 5 years of age becomes seriously ill and cannot take care of the child, and the father has died, the relevant part of the maternity leave, adoption, and parental leave are used by one of the parents of the mother / adoptive mother or the father / adoptive parent when working under an employment contract.

 

When the mother of a child of up to 2 years of age dies or becomes seriously ill and cannot take care of the child, and the father is unknown, the relevant part of the maternity and parental leave is used by one of her parents when working in an employment relationship. When the father who has only adopted a child up to 5 years of age, dies or becomes seriously ill and therefore cannot take care of the child, the relevant part of the leave for adoption or raising a child of up to 2 years of age is used by one of his parents when working under an employment contract.

 

When both parents of a child under 2 years of age or both adoptive parents of a child under 5 years of age die and the child is not accommodated in a childcare facility, including a crèche or an educational institution, or a full state-supported childcare facility, the respective part of the leave given above shall be used by the guardian, and with his consent – by one of the parents of the mother or the father of the child, and respectively of the adoptive parents, when working under an employment contract. The duration of leave shall be determined by the employment contract. Labor Code, Sec 167.

Unpaid Parental Leave

After the end of parental and adoption leave each of the parents, if they work under an employment contract and the child is not accommodated in a full state support institution, upon request has the right to use unpaid leave in the amount of 6 months for raising a child until 8 years of age. Each of the parents or adoptive parents can use up to 5 months of the leave of the other parent or adoptive parent with his consent.

 

In the case of the death of both parents, the guardian has the right to unpaid parental leave in the amount of 12 months. With the consent of the guardian, leave of up to 12 months or the remainder of unused leave up to this amount may be used by one of the parents of the child’s mother or father.

 

If both parents of a child die after the child reaches the age of 2 and they have not used unpaid parental leave, the guardian shall be entitled to such leave in the amount of 12 months, and when the parents have used part of the leave, they will be entitled to the rest of the unused leave up to this amount. With the consent of the guardian, this leave may be used by one of the parents of the child’s mother or father.

 

A parent who takes care of the upbringing of the child himself shall have the right to unpaid parental leave. in the amount of 12 months in the cases when he is not married to the other parent and does not live in the same household with them, the other parent is deprived of parental rights by an effective court decision, the other parent has died. In this case, the other parent shall not be entitled to leave.

 

The leave may be used at once or in parts. When used in parts, its duration may not be less than 5 working days. The order and the manner for using the leave shall be settled by an ordinance of the government authority. Labor Code, Sec 167A.

Leave for Performance of civil, public, and other obligations

Employee shall be entitled to leave from work in the below cases:

      1. upon marriage – 2 working days;
      2. in case of blood donation – for the day of the examination and blood donation, as well as 1 day after it;
      3. in the event of the death of a parent, child, spouse, brother, sister, and parent of the other spouse or other relatives in the direct line – 2 working days;
      4. when summoned to court or by other bodies as a party, witness or expert;
      5. for participation in sittings as a member of a representative state body or a juror;
      6. for participation in meetings of a special negotiating body, a European Works Council or a representative body in a European commercial or cooperative society;
      7. when a notice has been given by the employer for termination of the employment relationship – 1 hour per day for the days of the notice. This right cannot be used by an employee who works 7 hours or less;
      8. for the time of training and participation in the voluntary formations for protection in case of disasters.

The employer shall be obliged to provide leave for a pregnant employee at an advanced stage of in-vitro treatment for medical examinations when they need to be performed during working hours. During this time, the pregnant employee, as well as the employee in an advanced stage of in-vitro treatment, shall be paid remuneration by the employer.

 

Pay – The employee shall be remunerated for the leaves in the following way – 

        • For leaves under point 1-3 – according to the provisions of the collective labor agreement or by agreement between the employee or the employer;
        • For leave under points 5 and 6 – by the employer in the amount of average daily gross remuneration accrued for the last calendar month preceding the use of the leave.
        • in the other cases – according to the provisions of the special laws.

Labor Code, Sec 157.

Leave during active and term service in the voluntary reserve

Employees shall be entitled to unpaid leave when called to perform active service in the voluntary reserve or when performing temporary service in the voluntary reserve, for the duration of the service, including the day of departure and return. If the active service in the voluntary reserve lasts more than 25 calendar days, the employee shall be entitled to 2 calendar days of unpaid leave before departure and 2 days after return.

 

The employee shall be entitled to 2 calendar days of unpaid leave before the departure and two days after the return for the time of performance of term service in the voluntary reserve. The employee shall be paid remuneration at the expense of the budget of the government authority. Labor Code, Sec 158.

Leave for Trade Unionists

The employee who are part-time members of the central, branch, and territorial management of the trade-union organizations, as well as the part-time chairmen of the trade-union managements, shall be entitled to paid leave in the amounts established in the collective labor agreement, but not less than 25 hours for one calendar year for carrying out of trade union activity. 

 

The leave shall be paid by the employer in the amount of average daily gross remuneration accrued for the last calendar month preceding the use of the leave and cannot be compensated with monetary compensation. The leave cannot be postponed for the next calendar year. Labor Code, Sec 159.

Unpaid Leave

Employees shall be entitled to unpaid leave regardless of whether he has used his paid annual leave or not and regardless of the duration of his length of service.

 

The employer shall allow a one-time use of unpaid leave of up to 1 year to an employee who is in a legal relationship with an institution of the European Union, with the United Nations, with the Organization for Security and Cooperation in Europe, with the North Atlantic Treaty Organization or with other international governmental organizations. Unpaid leave of up to 30 working days in a calendar year shall be recognized as part of the length of service. Labor Code, Sec 160.

Business & Creative Leave

An employee shall be entitled to paid or unpaid official or creative leave under conditions and in accordance with the procedure established in a collective labor agreement or in an agreement between the parties to the employment relationship.

 

Unless otherwise agreed in a collective labor agreement, full-time elected trade unionists are considered on unpaid leave for the time they hold the respective trade union position.

 

An employee who is a member of a representative body of a European commercial or cooperative society shall be entitled to the training leave necessary for the performance of his duties. The amount of the leave and the remuneration due during its use shall be agreed upon in a collective labor agreement or by agreement between the parties. Labor Code, Sec 161.

 

Paid leave for two or more living children

An employee with two living children up to the age of 18 is entitled to paid leave of 2 working days, and an employee with three or more living children up to the age of 18 is entitled to 4 working days of paid leave for each calendar year if agreed in a collective labor agreement. that This leave is used when the employee wishes and cannot be compensated with monetary compensation, except upon termination of employment.

 

The employee shall have the right to use the leave, including for the calendar year in which any or all children reach 18 years of age.

Labor Code, Sec 168.

Paid Study Leave

An employee who studies at a secondary school or higher education without leaving the employment with the consent of the employer is entitled to paid leave of 25 working days for each school year. The leave shall be used independently of all other types of leave. It can be used all at once or in parts and is not provided to an employee who repeats the school year.

 

The students shall be entitled once and to paid leave of 30 working days for preparation and taking matriculation or state examination, including for preparation and defense of a diploma thesis, diploma project, or dissertation. The employee will also be entitled to one time paid leave of 6 months for the preparation of a dissertation for obtaining a scientific degree “Doctor” employees enrolled in part-time or doctoral studies in self-study, and for the preparation of a dissertation for the scientific degree “Doctor of Science” a period of 12 months. 

 

Employees who study in evening educational establishments with the consent of the employer, except for those who work on a reduced working day of 7 hours or less, are released 1 hour earlier from work every school day. Labor Code, Sec 169. 

Unpaid Study Leave

An employee who is entitled to paid study leave shall also be entitled to unpaid leave in the following amounts:

      • for preparation and taking an exam – up to 20 working days for a school year;
      • for the preparation and taking of an entrance, matriculation, or state examination, including for the preparation and defense of a diploma thesis or diploma project in secondary schools – up to 30 working days;
      • for preparation and taking a state exam, including for preparation and defense of a diploma thesis or a diploma project in higher educational establishments – up to 4 months;
      • for preparation and defense of a dissertation by part-time doctoral students or by doctoral students of independent preparation – up to 4 months.

When the consent of the employer has not been given, the employee who studies in a secondary or higher school without leaving the proceedings has the right to half of the unpaid leave. Labor Code, Sec 171

Exam Leave

An employee shall be entitled to paid leave if he applies in a school where admission is by examination:

        • when applying to a secondary school – 6 working days;
        • when applying to a higher school or for doctoral studies – 12 working days.

When the consent of the employer has not been given, the employee shall be entitled to half of the leave duration given above but as unpaid leave. When the employee has used paid or unpaid leave stated above but has not been admitted to the respective educational institution or as a doctoral student he is entitled to unpaid leave in an amount equal to half of the leave given under the paid exam leave for the following years. Labor Code, Sec 170.

State of Emergency Leave

When due to declared state of emergency or declared extraordinary epidemic situation by order of the employer or by order of a state body the work of the enterprise, part of the enterprise, or individual employees is terminated, the employer has the right to provide paid annual leave to the employee without his consent, including of an employee who has not acquired 8 months of work experience. The employer shall be obliged to allow the use of paid annual leave or of unpaid leave in case of declared emergency situation or declared the extraordinary epidemic situation under the request of:

            • a pregnant worker or employee, as well as a worker or employee in an advanced stage of in-vitro treatment;
            • mother or adoptive mother of a child up to 12 years of age or of a child with a disability regardless of his age;
            • an employee who is a single father or adoptive parent of a child up to 12 years of age or of a child with a disability, regardless of his age;
            • an employee who has not reached the age of 18;
            • an employee with a permanently reduced working capacity of 50 and over 50 percent;
            • an employee with the right to protection in case of dismissal 

The time during which leave is given shall be recognized as the length of service. Labor Code, Sec 173a.

Last updated on: June 23rd, 2021