AmCham Bulgaria Position on Labor Code Amendments

AmCham Bulgaria sent today its position on the recent Labor Code Amendments (process was initiated as of November 2023). Thanks to the expertise of the Human Capital and Education Committee, the text was finalized in early March. It cover some of the critical by the experts areas, such as:

  • remote work and the need of a flexible mechanism for its introduction that includes reasonable limitations by the employer.
  • making more precise the argumentation of the possibility of algorithmic decision-making in relation to the employee, and to be aligned with the requirements of Article 25i of the DPA and, as well as with the restrictions on automated decisions provided for in Article 22 of the GDPR.
  • addressing the contradiction of the requirement for the employer to provide H&S working conditions and the Constitutionally-based right of non-violation of the inviolability of the worker’s home
  • the right of the employer to ask for in-person work of the employee in certain days of the week.
  • the need of more precise concept of the right to disconnect of an employee
  • potential contradictions of the solidarity responsibility hypothesis between employer and employees.

Sincere gratitude to Att. Lyuben Todev, Dobrev & Lyutskanov Law Firm, and all of the HR and Legal professionals that provided feedback and solutions in this joint position.