Updated on 16.04.2024
If you are an employer, you have the right and the opportunity to hire people with refugee, humanitarian status or temporary protection, as well as people who are currently in the process of applying for protection. In this article, we will look at some specifics about employing them that you should bear in mind.
Depending on the regime under which the foreigner resides in Bulgaria, certain steps should be taken:
Employment of persons with refugee/ humanitarian status or temporary protection
These persons do not need a special work permit from the Employment Agency to work in Bulgaria. They have the same rights to work in Bulgaria upon as Bulgarian citizens upon obtaining their status.
Important! In these cases, in addition to the actions normally taken when employing Bulgarian citizens, you must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a third-country national or a stateless person. For this purpose, a notification of employment of a third-country national must be submitted. This notification can also be submitted online, which is possible after submitting an application to create an account on the Labour Inspectorate's e-portal.
In addition, you should request from the worker a notarised copy of a valid residence document. You should keep this copy with you for the duration of the employment contract together with the other documentation.
Employment of persons who are in the process of obtaining international protection
These are people who have applied for international protection, but their proceedings are still pending. They are entitled to work in Bulgaria if 3 months have passed since they applied for protection and their proceedings have not yet been completed. They do not need to be granted a special work permit.
Important! Their employment must be declared to the Employment Agency. The declaration shall be submitted by the employer to the Directorate of the Labour Bureau at the workplace of the employee within 7 days of his employment.
You need the following documents:
Аn official note from the State Agency for Refugees certifying the worker’s right to work. This should be obtained by the worker.
Declaration form, of which 2 original copies must be submitted.
You need to describe the documents you attach to this declaration.
On the back of the declaration you need to fill in the list the foreigners with their details. This list shows the start date and end date of employment for each foreign national you employ. The start date is the date pointed in the employment contract as a starting working date, not the date on which you file the declaration. The end of employment should be in line with the validity of the person's residence document.
A certified copy of the labour contract.
A copy of the worker's valid residence document (the so-called green card of the asylum seeker, containing his/her photograph, expiry date, date of birth, country of origin and national ID number).
After submitting the declaration and the required documents, you will receive a reference number from the Labour Bureau, which serves as proof that you have fulfilled your obligation.
Along with the aforementioned declaration, in this case you must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a foreigner by submitting a notification of employment of a third-country national.
Employment of long-term or permanent residents
In general, foreigners who have resided legally and without interruption in Bulgaria for the last 5 years are entitled to a long-term or permanent residence permit. For this, they must have applied for this type of permit and been issued with the relevant residence cards. These persons are also issued with a Unique Civil Number – EGN/ЕГН.
This category of foreigners also do not need a special permit to work in Bulgaria. When employing them, you as an employer must again notify the Labour Inspectorate to provide you with a notarised copy of a valid residence permit to keep in your records.
Recruitment requirements for other categories of third-country nationals
1.Students - third country nationals
Third-country nationals who are full-time students at a higher education institution in Bulgaria and who have a continuous residence permit (for a period of up to 1 year) can be employed on a short-term basis - up to 20 hours per week during the academic year and during the holidays officially announced for the respective higher education institution.
In this case, the employer is required to register the student with the Employment Agency within 7 days from the date the student is employed.
For this registration, the employer needs to submit to the Directorate of the Labour Bureau of the student's place of work the following documents:
- a declaration in two copies;
- a copy of a fixed-term employment contract, for a position with its national clasification code for proffessions, signed by the parties and in accordance with the duration of the studies and the agreed distribution of working hours, in case it is concluded for part-time work;
- a certificate of the admission of the student - a third-country national - to study in Bulgaria, issued by the Ministry of Education and Science, and a certificate issued by the higher education institution that the student will study full-time in the relevant year;
- a copy of the third-country national's residence permit.
Registration will be carried out within 7 days of submission of the documents and should be confirmed by the Director of the Directorate of the Labour Bureau.
Registration can also be done online through the e-services portal with a qualified electronic signature.
Along with the aforementioned declaration, in this case the employer must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a foreigner by submitting a notification of the actual commencement of employment of a third-country national.
2. Third-country nationals who have been accepted as trainees under an employment contract with a condition for a traineeship with a local employer.
In this case also NO special work permit is required for the duration of the traineeship. The third -country national must have a continuous residence permit on the basis of the traineeship.
The employment contract for the traineeship must contain the traineeship programme and conditions for theoretical and practical training.
Again, the employer conducting the traineeship is obliged to register the third-country national trainee with the Employment Agency. This registration tis done at Directorate of the Labour Bureau at the workpace of the trainee within 7 days from the beginning of the employment by submitting the following tocuments:
- a template declaration in two copies ;
- a copy of the employment contract with the conditions for the traineeship, concluded in compliance with the requirements of Article 233b of the Labour Code, for a position with its national clasification code for proffessions , signed by the parties and in accordance with the duration of the traineeship;
- a copy of the third-country national's residence permit.
The registration shall be carried out within 7 days from the submission of the documents and shall be confirmed by t the Director of the Labour Bureau.
Registration can also be done online through the e-services portal with a qualified electronic signature.
Along with the aforementioned declaration, in this case the employer must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a foreigner by submitting a notification of the actual commencement of employment of a third-country national.
3. Persons of Bulgarian origin - until obtaining a permanent residence permit
These persons can work in Bulgaria if they have a residence permit in Bulgaria (e.g., a long-term residence permit). Again, the employer is obliged to register them with the Employment Agency within 7 days from the start of employment and submit the following documents:
- declaration in two copies according to the template;
- a declaration by the employer that the offered working conditions and remuneration are not less favourable than those for Bulgarian nationals for the relevant category of work;
- any other documents required under Bulgarian law for the position indicated by the employer, where such documents are necessary;
- a copy of a fixed-term employment contract, for a position with its national clasification code for proffessions, signed by the parties and effective from the date of issue of the residence пермит of the worker - a third-country national, and a copy of the job description, where it is an integral part of the contract, certified by the employer;
- a document stating that the conditions for exercising a profession included in the List of regulated professions in the Republic of Bulgaria, adopted by a decision of the Council of Ministers on the basis of Article 3 of the Law on Recognition of Professional Qualifications, have been met;
- a copy of the page of the passport with the photograph and personal data of the worker;
- a copy of the documents certifying the Bulgarian origin of the third-country national worker
The registration should be confirmed by the Executive Director of the Employment Agency within 10 days from the date of submission. A certified copy shall be returned to the employer.
Registration can also be done online via the e-services portal with a qualified electronic signature.
Along with the aforementioned declaration, in this case the employer must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a foreigner by submitting a notification of the actual commencement of employment of a third-country national.
4. Third-country nationals who are family members of:
- Bulgarian citizens;
- foreign nationals with long-term or permanent residence;
- a national of a Member State of the European Union, of a State party to the Agreement on the European Economic Area, or of the Swiss Confederation.
They do NOT need a special work permit. However, the employer must declare the employment of family members by filing within 7 days of the start of employment with the Labour Bureau Directorate of the worker's workplace the following documents:
- a declaration in two copies;
- a copy of a valid residence permit of the third-country national - family member;
- a copy of an employment contract, for a position with its ts national clasification code for proffessions, signed by the parties and in accordance with the expiry date of the residence permit of the worker, certified by the employer.
Along with the aforementioned declaration, in this case the employer must also notify the Executive Labour Inspection Agency within 7 days of employment that you have employed a foreigner by submitting a notification of the actual commencement of employment of a third-country national.
Early termination of the labour contract
If the worker you employed leaves the job, is dismissed or you terminate the contract early by mutual consent, i.e. before the employment contract or the person's period of residence has expired, you must notify the Employment Agency within 3 days about this circumstance.
Fines
If you employ third-country nationals who do not have a residence permit in the country and their stay is unregulated, you may be fined upon inspection:
from BGN 750 to BGN 7500 when you are an employer who is a natural person
from BGN 3000 to BGN 30 000 - for employers - legal entities.
The fine is greater if you commit this offence again. It is also imposed separately for each foreign national employed with an unregulated stay.
A fine of BGN 1,500 to BGN 10,000, or BGN 3,000 to BGN 20,000 in case of a repeated offence, may also be imposed if an inspection reveals that you have not complied with your obligation to notify the Labour Inspectorate that you have employed a third-country national.
A third-country national who works in Bulgaria without the relevant permit or registration with the Employment Agency shall be punished by a fine from 500 to 5000 BGN. The same fine shall be imposed on an employer - a natural person for whom the foreigner works without the relevant permit or registration with the Employment Agency. If the employer is a company, the fine is from 2,000 to 20,000 BGN. Where the violation is committed repeatedly, a fine of 1,000 to 10,000 BGN shall be imposed, and for companies- from 4,000 to 40,000 BGN.
If you need further legal advice when employing people with refugee, humanitarian or temporary protection status, you can contact us by filling in this form:
If you have a job vacancy suitable for refugees fill in this form and our team will contact you to assist you with your recruitment:
For further information on the employment of other categories of foreigners than those mentioned above and on the single work and residence permit or the EU Blue Card, read this article:
Access to the labour market for foreigners in Bulgaria and the relevant residence permits
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