Employment Law
Overview
Advisory and dispute resolution in employment matters.
Employment law is the area in which formality decides the outcome. The ground for termination, the manner of service, the existence of a selection record — at trial these weigh more than the circumstances that led to the decision. An employer usually has a sound reason; the problem is that the reason has not been documented in the form the law requires.
We advise employers on structuring employment relationships — from the content of the contract and internal rules to reorganisations, redundancies and terminations. We also act in disputes: defence against claims for unlawful dismissal, for wages and compensation, and for employees' financial liability.
Our practice also covers questions that sit between employment and tax law — how remuneration is documented, management contracts, and the distinction between an employment and a civil-law relationship.
What the service covers
- Employment contracts, job descriptions and amendments
- Internal labour rules and internal remuneration rules
- Management and control contracts
- Termination of employment — choice of ground and documentation
- Redundancies and the selection procedure
- Disciplinary liability and the imposition of sanctions
- Financial liability of employees and of the employer
- Working time, overtime, leave and posting of workers
- Protection of trade secrets and confidentiality in employment
- Collective agreements and relations with trade unions
- Representation in employment litigation
- Labour Inspectorate inspections
Who it is for
Employers hiring their first staff or restructuring an existing team; companies facing redundancies or a termination likely to be disputed; and employers served with a claim in employment proceedings or an order from the Labour Inspectorate.
Frequently asked questions
An employee is not performing. Can I dismiss them?
You can, but the ground and the evidence required are specific and are rarely satisfied by a general sense of poor performance. Lack of the qualities needed for effective performance is a distinct ground with its own requirements; disciplinary dismissal has different ones. Choosing the wrong ground is the most common reason a dismissal is set aside, even where the employer was right on the substance. The ground is assessed before the order is served, not afterwards.
Is a clause barring an employee from joining a competitor after leaving enforceable?
In Bulgarian practice such clauses are as a rule not upheld, to the extent that they restrict the constitutionally guaranteed right to work after the relationship has ended. That does not leave an employer unprotected — trade secrets, the client base and confidential information are protected by different means, which are enforceable.
We are planning redundancies. What must be in place beforehand?
A resolution amending the staff schedule with a clear date, a genuine elimination of the position rather than its renaming, and a documented selection where only some of several identical positions are cut. In practice, cases are lost not because of the redundancy itself but because of the selection — a missing record, unclear criteria, or criteria applied only formally. These documents are prepared before notices are served.
Can work be assigned under a civil contract instead of an employment contract?
It depends on the substance of the relationship, not on the title of the document. Where there is working time, a place of work, subordination and periodic remuneration, the relationship is classified as employment whatever the contract is called, with consequences for social security and for the employer's liability. The distinction is worth reviewing before signing, particularly for long-term engagements.