Granting of dismissal permits for specific categories of workers who the Labour Code protects explicitly under Article 333 (1, 5)

№ 598 of the Administrative Registry

Legal grounds: Labour Code – Article 333 (1, 5), Ordinance 5 on the special protection from dismissal of workers suffering from any listed diseases, according to Article 333 of the Labour Code – Article 6.

Applicants: public administration bodies, natural and legal persons in their capacity of employers according to the Labour Code.

Authority providing the service: Director of Labour Inspectorate Directorate, responsible for the region where the worker's workplace planned for dismissal is located.

Contact information and working hours of the Labour Inspectorate Directorates in the regional centres of Bulgaria: https://www.gli.government.bg/en/map-directorates

Documents required:

  1. Service request (the sample provided may be used, other forms are also accepted).
  2. Documents certifying the workers/employees protection:

for pregnant workers - a copy of an outpatient list, medical certificate or other medical document issued by a competent health authority certifying the pregnancy;

for workers who have started taking leave for temporary incapacity for work - a copy of a sick leave notice;

for workers and employees who have started using authorized paid or unpaid leave according to the Labor Code - copies of requests (applications) and orders for authorizing the use of leave;

for employed workers or employees and for employees suffering from an illness under Ordinance No. 5 of 20.02.1987 on the diseases for which workers suffering from them have special protection according to Art. 333, para. 1 of the Labor Code - opinion of a labor-expert medical committee, issued for each individual case in accordance with Art. 4 of the Ordinance.

  1. Documents certifying the grounds for retrenchment/dismissal of the worker or employee:

upon termination of an employment relationship based on Art. 328, para. 1, item 2 of the Labor Code, in case of closure of a part of the enterprise or reduction of staff - old and new staff schedules and/or written act of the employer (decision, order or other) regarding closure of a part of the enterprise;

upon termination under Art. 328, para. 1, item 11 of the Labor Code, due to a change in the requirements for the performance of the position, if the worker or employee does not meet them – previous and current job description of the worker and documents proving that he does not meet the new requirements;

upon termination of the employment relationship on the basis of Art. 330, para. 2, item 6 of the Labor Code (disciplinary dismissal) - written evidence of the committed disciplinary offense and the written explanations given by the person to whom the disciplinary penalty of dismissal or documents proving the person's refusal to give explanations shall be applied.

  1. Other documents related to protection:

in the case of layoffs of employed workers or employees and of employees suffering from an illness under Ordinance No. 5 of 20.02.1987 on the diseases for which workers suffering from them have special protection according to Art. 333, para. 1 of the Labor Code, enterprises with an average roster of more than 50 persons must apply a list of places and positions for persons with reduced working capacity, updated for the relevant calendar year, according to the provision of Art. 315, para. 1 of the Labor Code;

documents for exercised right of selection by the employer under Art. 329, para. 1 of the Labor Code.

 

Standard application forms may be downloaded at: https://www.gli.government.bg/bg/node/6349

 

  1. Granting of dismissal permits for specific categories of workers who the Labour Code protects explicitly under Article 333 (1, 5)

 

How to apply - The service qualifies as a third level electronic administrative service (two-way electronic communication).

  1. Apply online
  • The GLI EA E-Services Portal- The applicant completes the online service request form at the GLI EA E-Services Portal and attaches copies of the documentary evidence required. The service request form must be signed with a Qualified Electronic Signature of the employer or an authorised representative and submitted online. If an authorised representative electronically signs the service request form, a copy of a power of attorney must also be attached. At the time of the acceptance of the service request, the E-Services Portal generates an automated confirmation of receipt, which contains the file registration number and an access code for checking processing status. The online application form is available at: https://public.gli.government.bg/GIT_Public/EAdminService/ServiceIndex
  • The Unified Platform for Electronic Administrative Services of the State e-Government Agency: https://egov.bg/wps/portal/egov/dostavchitsi+na+uslugi/izpalnitelni+agentsii/156
  • The Secure Electronic Delivery System of the State e-Government Agency - To use this option, the employer or their authorised representative must be registered users of the Secure Electronic Delivery System of the State e-Government Agency.

The service request and supporting documentation must be attached to a message sent to the registered user of the GLI EA. In addition, when an authorized representative user sends the service request, a power of attorney must also be attached to the message.

The system automatically registers the request, and the applicant receives a confirmation of receipt containing the file registration number and registration date. All service requests submitted after 16:30 are registered on the following working day.

  • The Electronic Communication System - The Electronic Communication System may be used only by public administration bodies. The service request and supporting documents are submitted to the GLI EA. The system automatically registers the request, and the applicant receives a confirmation of receipt containing the file registration number and registration date. All service requests submitted after 16:30 are registered on the following working day.
  1. Apply at the offices of GLI EA

 

  • Submit a service request in writing - A service request signed by the employer and the supporting documentation in hard copies is submitted at the Labour Inspectorate Directorate responsible for the region in which the worker's workplace planned for dismissal is located. The service request is registered, and the applicant receives the file registration number and registration date.

 

  • Request a service verbally - The service may be requested at the Labour Inspectorate Directorate responsible for the region in which the worker's workplace planned for dismissal is located. A GLI EA officer completes a "protocol for verbal service request". The protocol is signed by the applicant and the GLI EA officer. The protocol for verbal service request serves as a service request letter/form. The applicant must attach to the protocol all required supporting documents. The protocol is registered, and the applicant receives the file registration number and registration date.

 

  1. Send your service request by post or a licensed postal operator - A service request signed by the employer and the supporting documentation in hard copies is sent to the Labour Inspectorate Directorate responsible for the region in which the worker's workplace planned for dismissal is located, by post or by a licensed postal operator.

 

How to receive the individual administrative act

  1. Receive it online
  • The GLI EA E-Services Portal – For all service requests submitted by a Qualified Electronic Signature in the E-Services Portal, the individual administrative act is provided to the applicant by publishing it in the file section of the GLI EA E-Services Portal.
  • The Secure Electronic Delivery System of the State e-Government Agency - For all service requests submitted in the Secure Electronic Delivery System of the State e-Government Agency, the individual administrative act signed with a Qualified Electronic Signature is provided to the registered user (the employer or the authorised representative) by a system message.
  • The Electronic Communication System – The applicant (a public administration body) receives the individual administrative act signed with a Qualified Electronic Signature in the Electronic Communication System. 
  • Applicant's email – At the applicant's request, the individual administrative act signed with a Qualified Electronic Signature may be sent to the applicant's email.

 

  1. Receive it in paper original at the offices of GLI EA

The individual administrative act is provided in the original to the employer or their authorised representative at the offices of the Labour Inspectorate Directorate responsible for the region in which the worker's workplace planned for dismissal is located.

  1. Receive it by post or by a licensed postal operator

The signed individual administrative act is sent in the original to the employer or their authorised representative to the postal address given by the applicant in the service request form.  

Processing times: 7 days

Period of validity of the document/the individual administrative act:  

Until the termination of the contract with the employee.

Service Fees/Prices: The service is provided free of charge.

Authority exercising control over the activities of the service provider: Minister of Labour and Social Policy.

Subject area covered by the service/scheme: labour relations

Email Address for Service Proposals - Service Proposals can be made through:

• E-form for feedback: https://www.gli.government.bg/en/form/contact

• e-mail of the Agency: info@gli.government.bg