PES Monitor


Skip Navigation Links
Home
Database
Database navigator
Supplementary content
Archive
News
Links
About
Feedback
Members

  National Employment Agency

 

Description sub-topic

Recent and current changes in laws relating to the status/organisation/function of the PES

What is changing, what has changed (legal)?

 

Recent and current changes at law level are mentioned here

 

The last changes in the Employment Promotion Act – the main normative act, which regulates the actions of the EA, are considerable, aimed at:

-       improving the functioning of the labour market;

-       improving the access and the awareness of job seekers to/on job vacancies;

-       developing the conditions for improving the quality of the education for employed and unemployed people;

-       improving the controlling activities;

-       increasing the protection of rights of job seekers, who use the services of private labour mediators.

ü  An opportunity is given for financing the preparation of prognosis for job supply and job demand, which are necessary for the preparation and planning of the policy in the field of labour market, the admission of school and university students in the educational system, and the development of the economy as a whole.

ü  With the aim of limiting the continuation of the jobless period of unemployed and with the aim of ensuring access to the services of the labour market, the sanctioning period is reduced from 12 to 6 months. After this period, the jobless people have the right to register again in a local labour office. The burden of the sanction is complied with the specific breaches, which the registered unemployed people have committed. The right to register again is granted to people, who do not have any obligations to the State budget because of any non-obeyed stipulations in the contracts, concluded in the process of their participation in programmes, measures and trainings, financed with the funds for active policy on the labour market, including programmes of the European Union. The reduction of this sanctioning period from 12 to 6 months will get people back on the labour market sooner and will provide them with access to a wide range of services, trainings and subsidized employment, including financing under the schemes of Operational Programme “Development of the Human Resources”.

ü  The modernization of the services on employment entails the setting up of a unified system for demand and supply of labour force and easing the access to free-of-charge information for job vacancies. Part of this system is the job vacancies in the public sector. Hence the following obligation is initiated: the employers have to announce compulsorily in the territorial sub-structures of the EA the job vacancies for people, working in the Administration under the terms of the Employment Act; in State Enterprises under article 62 of the Trade Act; and in Municipality Enterprises.

ü  Access is granted to the information for job vacancies in the private sector on the web-site of the EA ( www.az.government.bg ). The aim is to establish an unified portal for the job vacancies in the country, where the job seekers can inform themselves quickly and free of charge.

ü  The employers, as well as the institutions, offering education for adults, or vocational training, can use funds under this Act, if they have no public obligations; if they have no obligations for unfulfillment of concluded contracts on programmes, measures, trainings, as well as on projects under Operational Programme “Development of the Human Resources”. For employers, this measure has to be complied with the Law on State Aid. This addition is initiated in order to limit the access of employers, who have not fulfilled the clauses of previous projects, to subsidies from the state budget and funds of European or other resources. The assistance for school education and initial training (such as apprenticeship, or training with interruption of the work process), the training and pre-qualification of unemployed, including practices in companies are all not regarded as state assistance.

ü  The free movement of people is a fundamental right of the European citizens, and benefiting from it, the Bulgarian citizens have to be protected not only when directed to work in the country, but when directed to work abroad too. Based on the analyses and the conclusions of the controlling activity of the relevant institutions, additional requirements are initiated to the physical persons and legal entities, which apply for registration for mediation services. They have to be free of any obligations to the state or the municipality under the terms of article 162, paragraph 2 of the Tax Procedure Code. Such obligations could be ascertained by entered into action bill of indictment. Obligations to the state or the municipality are allowed if rescheduling or postponement of obligations or monetary debt, connected with the payment of social insurances, is permitted. The applicants for registration for mediation services have to also not be declared bankrupt; not be in liquidation or similar proceedings; be free of administrative penalties under article 81, paragraph 1 and/or article 81, paragraph 2 for violations of article 28, paragraphs 1, 3, 4 and 7, item 2, for period of 3 years before the date of application for registration. Such requirements are initiated to the members of board and controlling committees of legal entities. It is important to underline that the persons, registered under the law of a European Union member-state, or another country – part of the European Economic Area, or under the law of the Switzerland Confederation, have to prove the above-mentioned circumstances according to the legislation in the country of registration.

ü  The changes in the Law enable for periodic (until now only once per year) approval for financing regional programmes for employment, programmes for the mass-reduction unemployed, and organizing not only vocational training, but also key-competences training.

ü  The maximum period for subsidized apprenticeship to an employer for the young people, who have graduated vocational training in the last 24 months, and who have no previous working experience in the specialty, is being increased from 6 to 9 months.

ü  The European Union sets to itself important targets in the field of climate and energy. For Bulgaria – as a member state of the EU, the increase in the share of the used electro-energy from renewable energy sources and the enhancement of the energy effectiveness is of prime importance, because apart from the positive effects on the environment, those processes are expected to offer possibilities for the creation of new employment. Given this, the Employment Promotion Act is supplemented by decrees for subsidizing the employment for 12 months, when on “green jobs” are hired unemployed, who have been on the labour market for not less than 6 months. A definition of the concept “green jobs” is given – jobs, created in economic activities, connected with the creation of goods and offering services, helping the protection of the environment, according to a list of economic activities, approved by the Minister of Environment and Water and the Minister of Labour and Social Policy.

As a result of the changes and additions made to the Employment Promotion Act, it is expected that the conditions for mobility of labour force will improve; that the continuation of the period of unemployment will be reduced, that the quality of the labour conditions will improve; as well as that the preventive role of the control over the employment services will extend.


  Create a report by PES of all current content

  Supplementary content
Website designed by Alphametrics Ltd within the framework of "Actions concerning the Modernisation of Public Employment Services" by European Commission: DG-Employment, Social Affairs and Equal Opportunities.
Copyright 2008