Portal Informativo
Aspectos Normativos
Where can I find information regarding my situation in Bulgaria as a posted worker?
Information is available in Bulgarian and English on the Bulgarian Single National Website on Posting of Workers. Posting in the Republic of Bulgaria can be: «Genuine posting in the framework of the provision of services to the territory of the Republic of Bulgaria” – where a citizen of an EU Member State, of a state – party to the EEA Agreement or of the Swiss Confederation, or of a third country, carries out over a certain period of time work on the territory of the Republic of Bulgaria, set out in the employment contract with an employer, whose registered office and activity, other than purely internal management and/or administrative activities, are on the territory of another Member State.
Criteria for assessment of a genuine posting
1. In order to determine whether an undertaking genuinely performs activities, other than purely internal management and/or administrative activities, the General Labour Inspectorate Executive Agency shall make an overall assessment of all elements characterising the activities, carried out by an undertaking in the Member State of establishment, and where necessary, in the host Member State, taking account of the following factual elements for a period of 12 months preceding the date of the inspection:
a) the place where the undertaking has its registered office and administration, uses office space for its activity, pays taxes and social security contributions and, where applicable, has a professional license or is registered with the chambers of commerce or professional bodies, in accordance with the national law;
b) the place where posted or sent workers or employees are recruited and from which they are posted or sent;
c) the law applicable to the contracts concluded by the undertaking with its workers or employees, on the one hand, and with its clients, on the other;
d) the place where the undertaking performs its substantial business activity and where it employs administrative staff;
e) the number of contracts performed and/or the size of the turnover realised in the Member State of establishment, taking into account the specific situation of newly established undertakings and SMEs.
Do I need any entry or residence permit in Bulgaria as posted workers? What if I am a national of a third country that is not a member of the EU?
The employment of foreigners and third-country nationals in the Republic of Bulgaria is regulated in the Labour Migration and Labour Mobility Act (LMLMA), the Rules for the Implementation of the LMLMA, the Foreigners in the Republic of Bulgaria Act (FRBA) and the Rules for the Implementation of the FRBA. The terms and conditions, under which third-country workers and the members of their families, as well as third-country nationals – family members of Bulgarian citizens, can enter, reside and leave the Republic of Bulgaria, are specified in the Foreigners in the Republic of Bulgaria Act.
As an employer, where do I have to go to notify the posting of one of my employees to another member state?
Employers, posting workers and employees, and Temporary Work Agencies, established in an EU Member State, a state party to the EEA Agreement and in the Swiss Confederation, or in a third country, shall notify the General Labour Inspectorate Executive Agency (GLI EA) of posting on the territory of the Republic of Bulgaria, by submitting a declaration electronically, personally or through a person designated by them, at the latest until the start of the provision of services here.
What documentation do I need to present to transfer a worker from my company to another Member State?
An additional agreement between the employer and the employee is required to settle the working conditions in another EU country.
Contenido sobre el desplazamiento de trabajadores por cuenta propia.
Contenido sobre el desplazamiento de trabajadores por Agencia de Trabajo Temporal.
Contenido sobre los aspectos relativos a la Seguridad Social.
Contenido sobre la documentación necesaria para el desplazamiento del trabajador.
Contenido sobre la duración del desplazamiento.
Contenido sobre las condiciones de pago de gastos durante el desplazamiento.
Contenido sobre las retribuciones salariales durante el desplazamiento.
Accede al portal con las preguntas especificas de España en el siguiente enlace: https://bit.ly/3MN66Sf