Ordinance onworking time, rest andleave
Adopted byCMD No 72dated 30.12.1986, promulgatedSG, issue 6dated 23.01.1987, in force as of 1.01.1987, as amended and supplementedIssue 31dated 19.04.1991, in force as of 19.04.1991, as amendedIssue 55dated 12.07.1991, Issue 59dated 23.07.1991, in force as of 1.06.1991, Issue 59dated 9.07.1993, Issue 67dated 6.08.1993, in force as of 1.07.1993, Issue 38dated 6.05.1994, as amended and supplementedIssue 54dated 15.06.2001, in force as of 31.03.2001; as amended byDecision No 9353dated 21.10.2002 ofSACofRB - Issue 103dated 5.11.2002, in force as of 5.11.2002; as amended and supplementedIssue 72dated 17.08.2004, in force as of 1.08.2004, issue 24dated 22.03.2005, in force as of 1.01.2005, as amended Issue 103dated 23.12.2005, as amended and supplementedIssue 96dated 28.11.2006, as supplementedIssue 1dated 5.01.2007, in force as of 1.01.2007, as amended and supplemented, Issue 10dated 6.02.2009, Issue 67dated 21.08.2009, Issue 21dated 15.03.2011, in force as of 15.03.2011, Issue 19dated 6.03.2012, as supplementedIssue 110dated 21.12.2013, in force as of 1.01.2014, as amended and supplementedIssue 63 dated 18.08.2015, in force as of 18.08.2015.
Chapter One
WORKING TIME/HOURS
Section I
(Repealed - SG, Issue 59 dated 1993)
Reduced working time
Article 1.(Repealed - SG, Issue 59 dated 1993).
Article 2.(Repealed - SG, Issue 59 dated 1993).
Article 3.(Repealed - SG, Issue 59 dated 1993).
Article 4.(Repealed - SG, Issue 59 dated 1993).
Section II
Distribution and calculation ofworking time
Article 4а.(New - SG, Issue 10 dated 2009, Issue 67 dated 2009) (1) The internal labour order regulations contain definition ofthe beginning and end of the working day, the order foralternating shifts, rest during the time of work, the order for recording of working time, the time for mandatory presence at the enterprise, when variable working time is agreed upon, the time for feeding ofworkers and employeesin productions involvinguninterruptedwork processand in enterprises, where uninterrupted work is carried out, along with other matters, pertaining to theworking time distributionand the organization of work in the enterprise.
(2) (New – SG, Issue 63 dated 2015, in force as of 18.08.2015) The Internal labour order regulationsdefine theconditions and orderof implementation andthe manner for recordingof working timeundervariable working time, when during the time outside therequired presence theworker or employeeworks off thenon-worked offdaily working timeduring the next orother daysof the sameworking week.
Article 5. (1) (As amended - SG, Issue 54 dated 2001, as amended byDecisionNo9353 ofSACofRB, Issue 103 dated 2002).
(2) (As amended - SG, Issue 54 dated 2001, as amended by Decision No 9353 ofSCAof RB, Issue 103 dated 2002).
(3) The working time with variable limitsin the event of daily calculationhas a normalduration. In the event ofworking time with variable limits summary calculations of the working time may be establishedunder the conditions andorder ofArticle 142, Paragraph 2 of the Labour Code /LC/.
(4) The variable limits of the working timecannotviolate theminimum duration of thelunch, inter-day,and weekly break/rest.
(5) (As amended - SG, Issue 54 dated 2001, as amended by Decision No 9353 ofSACof RB, Issue 103 dated 2002).
Article 6. (1) (As amended – SG, Issue 63 dated 2015., in force as of 18.08.2015) Upon division of the working day intotwo or threeparts (Article 139, Paragraph 4 LC) the number of pauses/interruptions, excluding the lunch break, cannot exceedtwoper single working day, and the duration of each break, save for the lunch break, cannot be less than 1 hour.
(2) Upon division of the working day into partsno violation may take place of theminimumuninterruptedinter-dailyandweekly break/rest.
Article 7.(As amended - SG, Issue 72 dated 2004) The consent to perform night labouron part of motherswith childrenaged up to 6 years, mothers caring for children withdisabilities,regardless of their age, and on part ofworkers and employees transferred to more appropriate jobsmust be provided inwriting. The consent may be retractedin writing at the latest by3 daysprior to the date, of which theworker and employee desire todiscontinue the performance of night labour, unlesswell-grounded reasons are at hand, imposing immediatediscontinuation.
Article 8.(Repealed - SG, issue 67 dated 1993, new Issue 54 dated 2001) (1) Extension of the working timepursuant toArticle 136а LCmust be executed by way ofwritten order on part of employerfor each separate case, issued no later than 3 working daysprior to the date of the extension, and immediate notification must take place regarding the issued orderof workers and employees, to which it pertains. The order must specify thecommencement and end date of theextension, units and workplaces, to which it pertains.
(2) (Repealed – SG, Issue 63 dated 2015, in force as of 18.08.2015).
(3) (As amended - SG, Issue 96 dated 2006, Issue 63 dated 2015, in force as of 18.08.2015) The special book for recording ofextension andcompensation ofworking timemust specify: the number of the order forextension of theworking time, data regarding the conducted consultationswith therepresentatives of thesyndicate organizationsand the representatives ofthe workers and employeespursuant to Article 7, Paragraph 2 LC, three names of the workeror employee, the date and timeof extension, the durationof the extension period, the commencement and end dateof the extension periodand the number of the order forcompensation, and in cases pursuant toArticle 136а, Paragraph 5 LC–also the paidremuneration. When the enterprise possesses an implementedautomated information processing systemforwork salariesand staff management, a special book must contain entries of records regardingthe numbers of the ordersfor extensionand compensation of the working time, if the other data are alsoincorporated into this system.
(4) The employermust specify by orderan official, who shall enter the data pursuant toParagraph 3 in the special book forrecording ofextension and compensationofthe working time.
(5) (As amended - SG, Issue 72 dated 2004) The consent for workunder conditions ofextended working timeon part of motherwith children aged up to 6 years, mothers caring for disabled children,regardless of their age, workers and employees having undergone labour readjustment, if this does not cast a negative impacton their healthbased upon a conclusion issued on part of thehealth authorities, andstudents,excluding interruptions of theproduction process,must be provided in writing for each separate case.
(6) Upon extension andcompensation ofworking time thelabour remuneration ofworkers and employees, subjected to the application oftime-based payment system, shall not be subjected to change.
Article 9.(As amended - SG, Issue 31 dated 1991, repealedIssue 67 dated 1993, newIssue 54 dated 2001, as amendedIssue 96 dated 2006) The introduction ofpart-time working hourspursuant toArticle 138а, Paragraph 1 LCmust be executed by way of order in writingon part ofemployer foreach separate case,no later than 10 working daysprior to the dateoftransition topart-time working hours. The order must explicitly specify theterm andworkplaces, for which part-time working time is introduced, the duration of the working timeand dataregarding the conductedcoordination with therepresentatives of thesyndicateorganizationsand therepresentatives ofworkers and employeespursuant toArticle 7, Paragraph 2 LC.
Article 9а.(New - SG, Issue 10 dated 2009, Issue 67 dated 2009) Simultaneously with theintroduction ofsummary calculation ofthe working timepursuant toArticle 142, Paragraph 2 LC,the employer must approvename work schedulesfor the period, of which summary calculation was established, which must be storedat least 3 yearsafter the end of the period.
Article 10.On duty work is implementedin the event needarises for performance of tasksin the enterprisewithin the limits of theworking time or outside of the working timeestablished for the worker and employee.
Article 11 - 12. (Repealed - SG, Issue 38 dated 1994).
Article 13.(As amended - SG, Issue 55 dated 1991, repealedIssue 38 dated 1994).
Section III
Overtime
Article 14.(Repealed - SG, issue 54 dated 2001).
Article 15. (1) (As amended - SG, Issue 54 dated 2001, former text ofArticle 15, Issue 72 dated 2004) An order in writing must be issued on part of employer for performance of overtime, on duty work,and the time for being at disposal to the enterprise. This order must be notified to the workersand employeesat least 24 hoursin advance.
(2) (New - SG, Issue 72 dated 2004) In cases pursuant toArticle 153, Paragraph 4 LCthe order for overtimefor each worker or employeemust obligatorily specify the date, upon which during the next working weekthe uninterrupted rest/break shall be usedamounting to no less than 24 hours.
Article 16.(As amended - SG, Issue 72 dated 2004) The consent for execution oflabour involving overtime on part ofmotherswith children aged up to 6 years, mothers caring for disabled children, regardless of their age, workers and employees having undergone labour readjustment must be provided in writing for each separate case.
Article 17. (1) The refusal on part ofworker and employeepursuant toArticle 148 LCto performovertime workmust be executed in writing, specifying the motives,and must be registered on part of the enterpriseaccording to the established order,no later than the commencement of its performance.
(2) The worker and employee, stating refusalpursuant to the order provided in the precedingparagraph, cannot be subjected to disciplinary penalty, until it is provenor pursuant to theorder provided for inChapter 18 LCit is established, that its refusalisunlawful.
Article 18. (1) (As supplemented - SG, Issue 72 dated 2004, former text ofArticle 18, Issue 24 dated 2005) The special book for recording overtimemust indicate: three names ofworker and employee, number of order forperforming overtime labour, date and timeof work’s commencement,and amount of labour remuneration, paid to the worker and employeefor the performed overtime labour, as well as the date, specified for restpursuant to the orderprovided for pursuant toArticle 15, Paragraph 2.
(2) (New - SG, Issue 24 dated 2005) The performed hours ofovertimemust be specified in thepayment lists for therespective month.
Article 19.(Repealed - SG, Issue 54 dated 2001).
Chapter Two
BREAKS
Article 20. (1) (Repealed,DecisionNo 9353 ofSACofRB - SG, Issue 103 dated 2002).
(2) )Repealed - SG, Issue 54 dated 2001).
(3) (Repealed, Decision No 9353 of SAC of RB - SG, Issue 103 dated 2002).
Article 21. (1) (Repealed, Decision No 9353 ofSAC of RB - SG, Issue 103 dated 2002).
(2) (Repealed, Decision No 9353 of SAC of RB - SG, Issue 103 dated 2002).
Chapter Three
LEAVE
Section I
Paid annual leave
Article 22.(As amended - SG, Issue 54 dated 2001) (1) (Former text ofArticle 22, supplemented - SG, Issue 21 dated 2011, in force as of 15.03.2011) Each workerand employee, possessing at least 8 months labour length of service, attains the right tousepaid annual leavepursuant toArticle 155 and 156 LC. When the 8 monthslabour length of servicewas acquired during thefirst year of workof theworker and employee, he/shehas the right topaid annual leavefor the same yearwithin the full amount. When part of the 8 months labour length of service wasacquiredduring one calendar yearand the other part–during the nextcalendar year, the worker and employee hasthe right topaid annual leavefor the first calendar yearcommensurate tohis/her labour length of serviceduring the respective year, and for the second yearhe/she attains the rightto paid annual leavewithin the full amount. For use of the paid annual leave for the second andsubsequent calendar yearsa new 8 months labour length of service is not required, and in these cases the amount ofleavefor the respectivecalendar year s determinedcommensurate to the labour length of serviceof theworker or employee in the respective enterprise.
(2) (New - SG, Issue 21 dated 2011, in force as of 15.03.2011) Paid annual leave is permitted based uponwritten request directed on part ofworker or employeeto theemployer.
Article 23. (1) (Repealed, DecisionNo 9353 ofSACof RB - SG, Issue 103 dated 2002).
(2) The worker and employee, working during part of the legally establishedworking time (part time work), has the right topaid annual leave commensurate tothe timeacknowledged as labour length of service.
Article 24.(As amended - SG, Issue 59 dated 1991) (1) (As amended - SG, Issue 54 dated 2001) The directors of kindergartens, schools, andservice unitspursuant toArticle 33а, Paragraph 1, Item 2 and 5 of thePublic Education Act, the Deputy Directorswith mandatory norm forwork involving teaching atschoolsand service units pursuant toArticle 33а, Paragraph 1, Item 2 and 5 of thePublic Education Act, the teachers, methodology teachers, educators, pedagogiccounsels, the heads of affiliatesininter-schoolcentersforlabourpolytechniceducation, speech therapists, psychologists, accompanists, choreographers, heads ofeducational-computingrooms, and hearing and speech rehabilitation specialistshave the right toextended paid annual leaveto the amount of 48 working days.
(2) The teachersadmitted to workafter commencement of the school/academic yearandup till the vacation do not have 8 months labour length of service, use for the same yearpaid annual leaveof 4 working daysper each mothrecorded as labour length of service.
Article 25.(As amended - SG, Issue 54 dated 2001, Issue 21 dated 2011, in force as of 15.03.2011) The professors, associate professors, head assistants, assistants, senior lecturersand lecturers athigher educational institutionshave the right toextendedpaidannual leaveto the amount of 48 working days.
Article 26.(As amended - SG, Issue 54 dated 2001) (1) The educators/lecturers inchildren’smusic andballet schools, acknowledged as educational institutions, have the right toextended paid annual leave to the amount of 36 working days.
(2) (As amended - SG, Issue 10 dated 2009, Issue 67 dated 2009) The directors, deputy-directors,and teachersinsocialvocational education/training centershave the right toextended paid annual leave to the amount of 36 working days.
(3) (As amended - SG, Issue 10 dated 2009, Issue 67 dated 2009) The educators, pedagogues, andspecial pedagoguesin homes for children withphysical disabilitiesandmentaldisadvantages, in homes for childrendeprived of parental care, inhomes formedical-socialcare for children, in crèche’s, in daycare centers forchildren with disabilities, in daycare centers for children with disabilities –weekly care, in the centers forsocial rehabilitation and integration, providing social services to children, in accommodation centers of family type, in public support centers, in centers for work with children living on the street, in crisis centers, in homes foruncontrolled children, in transitional homes, providing social servicesto children, as well as in other placesfor providing socialservices tochildrenhave the right to extended paid annual leave to the amount of 36 working days.
Article 27.(As amended - SG, Issue 54 dated 2001) (1) The directors, deputy directors (education work heads) and teachers/lecturersinpermanently active schools, not acknowledged aseducational institutions, have the right to extended paid annual leave to the amount of 30 working days.
(2) (As amended - SG, Issue 10 dated 2009, Issue 67 dated 2009) The directors (managers) in homesfor childrenwith physical disabilitiesand mentaldisadvantages, inchildren deprived of parental care, in homes for medical-social care for children, in crèche’s, in daycare centers for children with disabilities, in daycare centers for children with disabilities – weekly care, in the centers for social rehabilitation and integration, providing social services to children, in accommodation centers of family type, in public support centers, in centers for work with children living on the street, in crisis centers, in homes for uncontrolled children, in transitional homes, providing social services to children, as well as in other places for providing social services to children, as well as in other places for providing social services to children have the right to extended paid annual leave to the amount of 30 working days.
Article 28.(As amended - SG, Issue 54 dated 2001) Scientific workers inscientific-research, scientific-museum, scientific-artandscientific-libraryinstitutionshave the right to extended paid annual leave to the following amounts:
1. (As amended - SG, Issue 21 dated 2011, in force as of 15.03.2011) assistant andhead assistant - 35 working days;
2. (As amended - SG, Issue 21 dated 2011, in force as of 15.03.2011) associate professorand professor, head (director, chairman) of scientific organization (institute) - 40 working days;
3. corresponding member, academician - 45 working days.
Article 29.(As amended - SG, Issue 54 dated 2001) The artistic andartistic- technical staffin theatres, circuses, musical institutes, cinematography andradio stations, as well as thehave the right to extended paid annual leave to the amount of in TV stationshave the right to extended paid annual leave to the amount specified in Appendix No 1.
Article 30.(As amended - SG, Issue 54 dated 2001) The workers and employeesfrom theflight staff of thecivil aviationhave the right to extendedpaid annual leave according to the flight hours, as follows:
1. up to 400 flight hours - 36 working days;
2. from 401 to 600 flight hours - 40 working days;
3. from 601 to 700 flight hours - 45 working days;
4. over 700 flight hours - 48 working days.
Article 31.(As amended - SG, Issue 54 dated 2001) (1) The leadingofficials employed pursuant tolabour relations at thehead offices andterritorial bodiesof theexecutive authority, holding any positionpursuant toArticle 19, Paragraph 2, 3,and 4 according to theAdministration Act, and their deputies, as well as persons holding positionspursuant to labour relations based upon appointment by theNational Assemblyoras determined or appointed by theCouncil of Ministersor thePresident ofRepublic of Bulgariahave the right to extendedregular paid annual leaveto the amount of 30 working days.
(2) The leading employees, secretaries, andpersons holding otherexpertpositions at the Administration of the President of Republic of Bulgaria have the right to extended regular paid annual leave to the amount of 30 working days.
(3) The chief editors, editors, reports, andmembers of theeditorial staffofdaily newspapers, as well as the directors andchief editorsof theBulgarian Telegraph Agency have the right toextendedpaidannual leave to the amount of 30 working days.
Article 32.(Repealed - SG, Issue 103 dated 2005).
Article 33. (1) When aworker and employee withattained right toleavegoes to work in anotherenterprise, for the calendar year of admittance to workhe/sheshall usepaid annual leave commensurate tothe labour length of service in the respective enterprise calculated in months.
(2) When after the use ofthe paid annual leaveto the full amount the labour relationsare terminatedduring the same calendar year, the worker and employeedo not owecompensation to theenterprisefor the part of the leave, for which they have not worked off therespective time. By the end of the same calendar yeartheworker and employeeshall not have the right to usepaid annual leave,unless leave of greater duration is not envisionedfor the new work.
(3) (Repealed - SG, Issue 54 dated 2001).
Article 34. (Repealed - SG, Issue 54 dated 2001).
Article 35. (Repealed - SG, Issue 54 dated 2001).
Article 36. (Repealed - SG, Issue 54 dated 2001).
Article 37. (Repealed - SG, Issue 54 dated 2001).
Article 37а.(New - SG, Issue 21 dated 2011, in force as of 15.03.2011, as amended, Issue 63 dated 2015, in force as of 18.08.2015) In the beginning of each calendar year, but within a term no later thanJanuary 31st,the employer is obligatedtonotify in writing each worker or employeeregarding the amount/duration of thepaid annual leave, which he/she has the right to useduring the calendar year, includingpostponedorunused leave from pastcalendar years.
Article 37b.(New - SG, Issue 21 dated 2011, in force as of 15.03.2011, as amended, Issue 63 dated 2015, in force as of 18.08.2015) (1) In cases pursuant toArticle 173, paragraph 4 LCthe employer has the right to providethe paid annual leaveto the worker or employeewithout his/her consent, when:
1. notification has occurred ofdowntimein excess of 5 working days;
2. simultaneous use ofthe leave on part of allworkers and employeesis provided forin anormative deedor in theInternal labour order regulations;
3. written notice was directed to the worker or employee torequest the use of the leaveby the endof the calendar year, to which it refers, but theworker or employee has not done thisby the end of the samecalendar year.
(2) In cases pursuant toParagraph 1, Item 3 the employer has the right toprovide thepaid annual leave to theworker or employee up till expiration of the term provided by thestatute of limitationpursuant toArticle 176а, Paragraph 1 LC.